HomeMy WebLinkAbout05.N- Public Works 5.N
RESOLUTION (ID # 4435) DOC ID: 4435 D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Purchase Order
From: Chris Alanis M/CC Meeting Date: 06/06/2016
Prepared by: Adrienne Loa,
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of an Amendment to the Vendor Service Agreement Between Applied
Lng Technologies Inc. and the City of San Bernardino (#4435)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $52,000.
Account No. 635-400-0100*5172
Account Description: Equipment Maintenance
Account Budgeted Amount: $974,762
Account No. 635-400-0100*5113
Account Description: Motor Fuel & Lubicants
Balance as of:
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
02/06/08 Resolution 2008-48 was approved authorizing an increase to purchase
order by & from $24,900 to 75,000
03/06/08 Resolution 2008-308 was approved authorizing the Amendment No. 2 to
the Vendor Service Agreement exercised first renewal option
10/15/12 Resolution 2012-253 was approved authorizing the City Manager to
execute the agreement between the City of San Bernardino and Applied
LNG Technologies, Inc. For the purchase of LNG fuel and to perform
Maintenance and Repairs to the Alternative fuel Island. Which Applied
LNG Technologies was awarded RFQ F13-08.
05/13/13 Resolution 2013-79 Amending the agreement by increasing the annual
amount to $1,026,762.
Background:
Updated: 5/31/2016 by Georgeann "Gigi" Hanna D Packet Pg.472
5.N
4435
Since 2008, The City has awarded Applied LNG Technologies the bid for fuel and
maintenance. During that time, Applied LNG Technologies service has been
outstanding. And, during the bankruptcy process, they continued service and were one
of the first vendors to remove the C.O.D. requirement.
The Fleet Division is requesting to extend the terms and conditions of Purchase Order
2016-00000179 with Applied LNG Technologies for one year based on pending
decisions and in agreement with the City's Plan of Adjustment.
The proposed extension will run July 2016 through June 2017.
City Attorney Review:
Supporting Documents:
APPLIED LNG RESO FY 2016-2017 (DOCX)
Agrmt 4435 (PDF)
Amendment One 2013-079 (PDF)
APPLIED LNG TECHNOLOGIES RESO 2012-253 (PDF)
Applied LNG VSA Amendt 2008-308 (PDF)
Applied LNG VSA 2008-308 (PDF)
Applied LNG Reso 2008-308 (PDF)
Applied LNG Tec VSA 2008-48 (PDF)
Applied LNG tech Reso 2008-48 (PDF)
Updated: 5/31/2016 by Georgeann "Gigi" Hanna D Packet Pg.473
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5.N.a
RESOLUTION NO.
1
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
4 _
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE F
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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8 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 0
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10 the reference. i
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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 a
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through June 30, 2017.
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Packet Pg.474
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
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
and Common Council of the City of San Bernardino at a meeting
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7 thereof, held on the day of , 2016,by the following vote, to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT o
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MARQUEZ
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12 VALDIVIA a
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20 The foregoing resolution is hereby approved this day of , 2016. °w
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R. Carey Davis, Mayor 0)
23 City of San Bernardino E
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24 Approved as to form:
25 Gary D. Saenz, City Attorney
26 By:
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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 _ day of
,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"); c
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AND, w
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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 (n
to as the"PARTIES"). ,
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WITNESSETH :
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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 Q
2032-79 authorizing the City Manager to execute Amendment Number One (the "First M
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 �,
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amend their rights, duties, and liabilities in connection with their performance thereunder; and, a
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions E
contained herein, the PARTIES hereby agree as follows:
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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
Page t of 3
Packet Pg. 476
S.N.b
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]
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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
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AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT
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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: , 2016 VENDOR: Applied LNG Technologies, Inc.
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Dated , 2016 CITY OF SAN BERNARDINO =
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By: J
Mark Scott, City Manager
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APPROVED AS TO FORM: Ln
Gary D. Saenz, City Attorney
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AMENDMENT NUMBER TWO TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND APPLIED LNG TECHNOLOGIES,INC.FOR LNG
Page 3 of 3
Packet Pg.478
5.N.c
1 RESOLUTION NO.-ni 3-79
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO RATIFYING THE EXECTUTION OF AMENDMENT
4 NO. I TO THE VENDOR SERVICE AGREEMENT WITH APPLIED LNG
TECHNOLOGIES, INC.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE _
6 CITY OF SAN BERNARDINO AS FOLLOWS: N
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SECTION 1. That the City Manager's execution of Amendment No. 1 to Vendor w
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Service Agreement with Applied LNG Technologies, Inc., attached hereto as Exhibit "A" and N
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lo incorporated herein by this reference, is hereby ratified. °
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11 SECTION 2. The Director of Finance is hereby authorized to increase the Annual
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Purchase Order to Applied LNG Technologies, Inc.,to an amount not to exceed $1,026,742.38. J
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2013-79
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO RATIFYING THE EXECTUTION OF AMENDMENT
2 NO. 1 TO THE VENDOR SERVICE AGREEMENT WITH APPLIED LNG
TECHNOLOGIES,INC.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a joint regulameeting thereof, held on o
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7 the 6th day of May _, 2013, by the following vote, to wit:
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2013-79
1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
2 THIS AMENDMENT NO. I TO VENDOR SERVICE AGREEMENT is made and entere
3 into this 22"d day of April, 2013 ("Effective Date") by and between the CITY O
4 SAN BERNARDINO, a charter city ("CITY") and APPLIED LNG TECHNOLOGIES, INC.,
5 corporation ("VENDOR").
6 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: _
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7 1. This Amendment No. 1 amends only those terms contained herein; such terms nc d
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8 covered by this amendment shall remain in full force and effect as set forth in said Vendor Servic w
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9 Agreement dated October 15, 2012. y
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10 2. Section 2 of the Agreement is hereby amended to read as follows: o
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12 a. For the services delineated above, the CITY, upon presentation of an invoice, shall pz
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13 VENDOR up to the amount of$1,026,762.38 for Liquefied Natural Gas and repair of Compresse
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15 b. No other expenditures made by VENDOR shall be reimbursed by CITY." M
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EXHIBIT"A"
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2013-79
1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
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3 IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 1 to
4 Professional Services Agreement on the day and date first above written.
5 Date: 32013 APPLIED LNG TECHNOLOGIES,
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9 Date: , 2013 CITY OF SAN BERNARDINO
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2013-79
1 AMENDMENT NO. I TO VENDOR SERVICE AGREEMENT
2 THIS AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT is made and enterer
3 into this 22"d day of April, 2013 ("Effective Date") by and between the CITY Ol
4 SAN BERNARDINO, a charter city ("CITY") and APPLIED LNG TECHNOLOGIES, INC.,
5 corporation ("VENDOR").
6 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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7 1. This Amendment No. 1 amends only those terms contained herein; such terms no
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10 2. Section 2 of the Agreement is hereby amended to read as follows: o
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642. COMPENSATION AND EXPENSES.
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12 a. For the services delineated above,the CITY,upon presentation of an invoice, shall pa
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13 VENDOR up to the amount of$1,026,762.38 for Liquefied Natural Gas and repair of Compresse
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15 b. No other expenditures made by VENDOR shall be reimbursed by CITY." M
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EXHIBIT"A"
Packet Pg.483
2013-79
1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
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3 IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 1 to
4 Professional Services Agreement on the day and date first above written.
5 Date: 1 t , 2013 APPLIED LNG TECHNOLOGIES,
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1 KE,SOLUTION NO. 2012-253
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 °-
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4 YEAR RENEWAL OPTIONS TO APPLIED LNG TECHNOLOGIES, INC., FOR
LIQUEFIED NATURAL GAS TO BE UTILIZED BY THE PUBLIC WORKS X
5 DEPARTMENT FLEET DIVISION.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS: o
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8 SECTION 1. That the City Manager of the City of San Bernardino is hereby
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9 authorized to execute on behalf of said City an Agreement between the City of San z
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10 Bernardino and Applied LNG Technologies, Inc., a copy of which is attached hereto, marked
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Exhibit"A" and incorporated herein by reference as fully as though set forth at length. Q
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SECTION 2. That Applied LNG Technologies, Inc. provides Liquefied Natural Gas
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14 and was the lowest responsive bidder to RFQ F-13-08. Pursuant to this determination, the N
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15 Purchasing Manager is hereby authorized to issue an Annual Purchase Order,to Applied LNG o
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16 Technologies, Inc., in an amount not to exceed $1,000,000 beginning in Fiscal Year w
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17 2012/2013. �
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18 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
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20 read, "Applied LNG Technologies, Inc., for Liquefied Natural Gas, P.O. not to exceed w
21 $1,000,000", and shall incorporate the terms and conditions of the Agreement. z
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Packet Pg.485
5.N.d
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 2
DEPARTMENT FLEET DIVISION.
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SECTION 4. The authorization to execute the above-referenced Agreement is
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7 rescinded if it is not executed within ninety(90) days of the passage of this resolution. c
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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
DEPARTMENT FLEET DIVISION.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and d
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6 Common Council of the City of San Bernardino at a _9 oint regulameeting thereof, held on m
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the 15th day of October , 2012, by the following vote,to wit: c
8 Council Members: AYES NAYS ABSTAIN ABSENT
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The foregoing resolution is hereby approved this 1 lday of October , v
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22 Patri c J. Morris,-mayor 0
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25 O�ies F. Penman, City Attorney E
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Packet Pg. 487
5.N.d
2012-253
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 15th day of October
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3 2012,by and between Applied LNG Technologies,Inc. ("VENDOR") and the City of San 2
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Bernardino("CITY"or"San Bernardino"). x
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WITNESSETH: S
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WHEREAS,the Mayor and Common Council has determined that it is advantageous o
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8 and in the best interest of the CITY to contract for Liquefied Natural Gas and
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9 WHEREAS, the City of San Bernardino did solicit and accept quotes from available z
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10 vendors for Liquefied Natural Gas and VENDOR was the lowest qualified bidder.
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11 NOW,THEREFORE,the parties hereto agree as follows: Q
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1. SCOPE OF SERVICES.
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14 For the remuneration stipulated, San Bernardino hereby engages the services of N
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15 VENDOR to provide those products and services as set forth in this purchase agreement and N
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16 identified in VENDOR's response to the September 19, 2012 Request for Quotes ("RFQ") F- w
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17 13-08, which response is attached hereto and incorporated herein as though fully set forth as w
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Exhibit IA, Exhibit 113, and Exhibit 1C. In the event there is a conflict between VENDOR's -j
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20 response to the RFQ and this Agreement,this Vendor Services Agreement shall govern. w
21 2, COMPENSATION AND EXPENSES. z
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22 a. For the services delineated above, the CITY, upon presentation of an invoice, shall w
23 pay the VENDOR up to the amount of$1,000,000.00 for Liquefied Natural Gas. Q
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b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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28 Exhibit"A"
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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 °_
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July 1, 2013 through June 30, 2014. Option year two, if exercised, shall be effective July 1, w
5 2014 through June 30, 2015. Option year three, if exercised, shall be effective July 1, 2015
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through June 30, 2016. Actual option year pricing shall be negotiated with VENDOR prior to 0
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8 exercising any given option year. U
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9 This Agreement may be terminated at any time, for any reason, or no reason, by thirty c9
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10 (30) days' written notice by either party. The terms of this Agreement shall remain in force
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11 unless mutually amended. The duration of this Agreement may be extended with the written ¢
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14 4. INDEMNITY. N
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15 CITY agrees to indemnify and hold harmless VENDOR,its officers, agents and o
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volunteers from any and all claims, actions, or losses, damages and/or liability resulting from N
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under the Agreement. j
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VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and =
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22 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its w
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23 obligations under the Agreement. a
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In the event the CITY and/or the VENDOR is found to be comparatively at fault for m
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26 any claim, action, loss, or damage which results from their respective obligations under the
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28 Exhibit"A"
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5.N.d
2012-253
1 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
2 comparative fault.
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3 5. INSURANCE. °-
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While not restricting or limiting the forgoing, during the term of this Agreement, x
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VENDOR shall maintain in effect policies of comprehensive public, general and automobile c
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory c
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8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an z
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10 additional named insured in each policy of insurance provided hereunder. The Certificate of
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11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or Q
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termination in the policy.
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14 6. NON-DISCRIMINATION. N
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15 In the performance of this Agreement and in the hiring and recruitment of employees, N
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16 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, W
17 discrimination in employment of persons because of their race,religion, color,national origin, W
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender -i
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20 or sexual orientation, or any other status protected by law, except as permitted pursuant to w
21 Section 12940 of the California Government Code. z
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22 7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement,but for all intents and a-
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 0
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27 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
28 Exhibit"A"
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Packet Pg.490
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. 2
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4 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER w
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REQUIREMENTS.
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VENDOR warrants that it possesses or shall obtain, and maintain a business o
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8 registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses,
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9 permits, qualifications, insurance and approval of whatever nature that are legally required of z
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10 VENDOR to practice its business or profession.. 2
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11 9. NOTICES. Q
12 LO
Any notices to be given pursuant to this Agreement shall be deposited with the United
13
14 States Postal Service,postage prepaid and addressed as follows: N
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15 TO THE CITY: Public Works Director N
300 North"D"Street 0
16 San Bernardino, CA 92418 W
17 Telephone: (909) 384-5140 N
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18 TO THE VENDOR: Applied LNG Technologies, Inc.
0
31111 Agoura Road Suite 208 -j
19 Westlake Village, CA. 91361 z
20 Telephone: (808)450-3650 w
Contact: Cem Hacioglu
21 10. ATTORNEYS' FEES z
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22 In the event that litigation is brought by any party in connection with this Agreement,
w
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23 the prevailing party shall be entitled to recover from the opposing party all costs and a
24 a
expenses,including reasonable attorneys' fees, incurred by the prevailing party in the exercise
25 E
26 of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions
w
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27 or provisions hereof. The costs, salary and expenses of the City Attorney and members of his
28 Exhibit"A"
4
Packet Pg.491
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. °-
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or x
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encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior S
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7 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void c
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8 and shall constitute a breach of this Agreement and cause for the termination of this
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9 Agreement. Regardless of CITY's consent, no subletting or assignment shall release z
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10 VENDOR of VENDOR's obligation to perform all other obligations to be performed by
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11 VENDOR hereunder for the term of this Agreement. Q
12 LO
12. VENUE. Nr
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14 The parties hereto agree that all actions or proceedings arising in connection with this N
N
15 Agreement shall be tried and litigated either in the State courts located in the County of San N
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16 Bernardino, State of California or the U.S. District Court for the Central District of California, w
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17 Riverside Division. The aforementioned choice of venue is intended by the parties to be the w
18 0
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mandatory and not permissive in nature. -j
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20 13. GOVERNING LAW. w
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21 This Agreement shall be governed by the laws of the State of California. 0
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22 14. SUCCESSORS AND ASSIGNS.
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23 This Agreement shall be binding on and inure to the benefit of the parties to this a.
24 w
Agreement and their respective heirs, representatives, successors, and assigns.
25 s
26 w
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27
28 Exhibit"A"
5
Packet Pg.492
5.N.d
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 °
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provisions. w
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16. ENTIRE AGREEMENT;MODIFICATION. S
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9 manner of this Agreement. This Agreement may be modified or amended only by a written z
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Packet Pg.493
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201.2-253
1 VENDOR SERVICE AGREEMENT
APPLIED LNG TECHNOLOGIES,INC.
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day o
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4 and date set forth below. x
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Dated: ,2012 VENDOR, c
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9 Dated , 2012 CITY OF SAN BERNARDINO z
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11 Andrea Travis-Miller,Acting City Manager a
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13 Approved as to Form:
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Packet Pg.494
2008-308 El�q
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 Bernardino").
5 RECITALS c
6 A. On February 4, 2008, Applied LItiTG Technologies and the City of San Bernardino m
7 entered into a Vendor Services Agreement ("Agreement") for the purchase of w
8 LNG fuel for a not-to-exceed amount of $99,900, a copy of which is attached
hereto as "Attachment 1" and incorporated by this reference. o
9 B. On April 7`h, 2008, Applied LNG Technologies and the City of San Bernardino
10 amended the Agreement to increase the amount of the Agreement by$50,000.
11 C. On April 21St, 2008 Applied LNG Technologies and the City of San Bernardino z
12 amended the Agreement to increase the amount of the Agreement by$100,100 for d
.Q
13 a total not-to-exceed purchase price of $250,000 for LNG fuel, and amend the C
14 Agreement terms to add three(3) single year renewal options. LO
D. The CITY and VENDOR now desire to amend the Agreement terms to include a
15 00
Contract Purchase Order amount of $1,000,000 with three single year renewal M
16 options for a total not-to-exceed purchase price of$1,000,000 for the purchase of N
17 LNG.
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19 AGREEMENT
20 In consideration of the mutual promises contained in the Vendor Services J
Agreement, the parties agree as follows:
21
1. Paragraph 1 and 2 of the Agreement dated February 4, 2008, attached here to C
22 as Attachment 1, is amended to incorporate the terms and conditions of
1 �
23 Amendment 2 and incorporated herein by this reference.
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1 24 2. The total Agreement price shall be for$1,000,000 beginning in FY08/09. Q
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.495
2008-308
1 AMENDMENT NO. 2 TO THE VENDOR SERVICE AGREEMENT
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.
E
4. The other provisions of the written contract are reaffirmed as originally stated.
6
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7 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
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8 and date first above written.
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Dated: ^ , 12008 APPLIED LNG TECHNOLOGIES s
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11 By:
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14 Dated• 2� �, 2008 CITY OF SAN BERNARDINO
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By: Fred Wilson, City M+ ager N
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18 ATTEST: a
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21 Rachel Clark, City Clerk a
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Approved as to form:
24 a
25 James F. Penman
City Attorney
26
27 By:
28
Packet Pg.496
/-1tLd1..11111C1 ll 1
2008-308
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
8 and in the best interest of the CITY to purchase LNG fuel in order to continue to fuel its new w
9 LNG station; and N
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10 WHEREAS, the City of San Bernardino did not solicit and accept quotes from vendors o
11 for the purchase of LNG fuel since minor technical issues still need to be resolved before bid F
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12 specifications can be established. z
13 0
NOW, THEREFORE, the parties hereto agree as follows: 'Q
14 a
1. SCOPE OF SERVICES. Ln;
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For the remuneration stipulated, San Bernardino hereby engages the services of
16 o
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17 VENDOR to provide LNG fuel. o
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18 2. COMPENSATION AND EXPENSES. Q
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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. a
21 a
b. No other expenditures made by VENDOR shall be reimbursed by CITY. w
22
3. TERM.
23
The term of this Agreement shall be for a period of one year. Q
24 .
25 This Agreement may be terminated at any time by thirty (30) days' written notice by
1 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
01/31/08
Fpacket Pg.497
a.vv
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 frorr
4 CITY's negligent acts or omissions arising from the CITY's performance of its obligation.,
5 under the Agreement.
6 0
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, anc '0
7
volunteers from any and all claim, actions, or losses, damages and/or liability resulting frorr x
8
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9 VENDOR's negligent acts or omissions arising from the VENDOR's performance of it! d
10 obligations under the agreement. o
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11 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
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12 claim, action, loss, or damage which results from their' respective obligations under the
13 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this a
14 a
comparative fault. M
15
16 S. INSURANCE. 00
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17 While not restricting or limiting the forgoing, during the term of this Agreement, CCOD
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18 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory z
20 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk .Q LD
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21 a
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
22 E
n additional named insured in each policy of insurance provided hereunder. The Certificate of
23 Y
24 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or Q
25 termination in the policy.
i 26
27
28
o�r�iios
Packet Pg.498
2008-308
1 6. NON-DISCRIMINATION.
2 In the performance of this Agreement and in the hiring and recruitment of employees,
3 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. w
8
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9 7. INDEPENDENT CONTRACTOR.
10 VENDOR shall perform work tasks provided by this Agreement, but for all intents and o
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11 purposes VENDOR shall be an independent contractor and not an agent or employee of the
to
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 a
14 a
Compensation, and other payroll deductions for VENDOR and its officers, agents, and ,t;
15 ItT
is employees, and all business licenses, if any are required, in connection with the services to be �
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17 performed hereunder. o
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18 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. N
19 VENDOR warrants that it possesses or shall obtain, and maintain a business registration z
20 �
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, Q
21 a
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qualifications, insurance and approval of whatever nature that are legally required of VENDOR
22 E
to practice its business or profession.
23
24
2
26 /U
27
28
01131/08
Packet Pg.499
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
S San Bernardino, CA 92418 0
Telephone: (909) 384-5140
7
TO THE VENDOR: Applied LNG Technologies w
8 3001 Knox St.
9 Dallas, TX 75205
Telephone: (214) 697-0391 0
lU Attn: Kevin W. Markey o
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11 10. ATTORNEYS' FEES.
12 In the event that litigation is brought by any party in connection with this Agreement,
13 the prevailing P art shall be entitled to recover from the opposing party all costs and expenses,
CL
14 a
NIAW including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of M
15 7t
16 its rights or remedies hereunder or the enforcement of any of the terms, conditions or co
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17 provisions hereof. The costs, salary and expenses of the City Attorney and members of his o
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18 o#fce in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
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19 fees" for the purposes of this paragraph. z
20 11. ASSIGNMENT. Q
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
22 E
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
23
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void Q
24
25 and shall constitute a breach of this Agreement and cause for the tennination of this
26 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
27
28
oit31ica
II Packet Pg. 500
wa y
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
C c
V Bernardino, State of California or the U.S. District Court for the Central District of California, .2
7
Riverside Division. The aforementioned choice of venue is intended by the parties to be w
8
9 mandatory and not permissive in nature.
2
10 13. GOVERNING LAW. o
11 This Agreement shall be governed by the laws of-the State of California. F
12 14. SUCCESSORS AND ASSIGNS. �
13
This Agreement shall be binding on and inure to the benefit of the parties to this 'Q
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14 a
Agreement and their respective heirs,representatives, successors,and assigns. Ln
15 M
16 15. HEADINGS. co
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17 The subject headings of the sections of this Agreement are included for the purposes of c
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18 convenience only and shall not affect the construction or the interpretation of any of its N
19
provisions. z
20 16. ENTIRE AGREEMENT; MODIFICATION. d
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This Agreement constitutes the entire agreement and the understanding between the
22 E
parties, and supercedes any prior agreements and understandings relating to the subject manner
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24 of this Agreement. This Agreement may be modified or amended only by a written instrument a
25 executed by all parties to this Agreement.
26
27 Ill
28
01/31/08
Packet Pg.501
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 ' LL, 2008 VENDO
6 By a
7 Its: .2 2
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Dated /LI'NO Li
By: a�
10 Fred i , City Manager o
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es F. Penman, City Attorney M
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01/31/08
Packet Pg. 502
S.N.g
RESOLUTION NO. 2008-308
1
2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2 TO THE VENDOR SERVICE AGREEMENT WITH THREE (3)
3 ONE-YEAR EXTENSIONS AT THE CITY'S OPTION WITH APPLIED LNG
TECHNOLOGIES PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
4 CODE FOR THE PURCHASE OF LNG FUEL.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS: o
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7 WHEREAS, the Fleet Division is requesting a Contract Purchase Order in the 2
X
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8 amount of$1,000,000 in order to fuel the LNG station for FY 08/09;
N
9 SECTION 1. The City Manager of the City of San Bernardino is hereby ,
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10 authorized to execute on behalf of said City an Amendment No. 2 to the Vendor
11
Service Agreement between the City of San Bernardino and Applied LNG 0
12 z
13 Technologies, a copy of which is attached hereto, marked Exhibit "A" and incorporated
Q
14 herein by reference as fully as though set forth at length. a
15 SECTION 2. The Mayor and Common Council hereby authorize the Director of
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16 Finance or his/her designee to issue a Contract Purchase Order in the amount of M
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17 $1,000,000 for LNG fuel supply beginning in FY 08/09. N
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18
SECTION 3. This purchase is exempt from the formal contract procedures of W
19 Z
20 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
21 Code "Purchases approved by the Mayor and Common Council". C
22 SECTION 4. The Purchase Order shall reference this Resolution No. 2008- 5
s
23 308 and shall read, "Applied LNG Technologies for the purchase of LNG fuel" and Y
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24 shall incorporate the terms and conditions of the Agreement.
25 111
26
27
28
Packet Pg.503
2008-308 5.N.g
1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2 TO THE VENDOR SERVICE AGREEMENT WITH THREE (3)
2 ONE-YEAR EXTENSIONS AT THE CITY'S OPTION WITH APPLIED LNG
TECHNOLOGIES PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
3 CODE FOR THE PURCHASE OF LNG FUEL.
4 SECTION 5. The authorization to execute the above referenced Purchase
5 Order and agreement is rescinded if not issued within sixty (60) days of the passage of
6
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this resolution. N
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2008-308 5N.g
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
1 AMENDMENT NO. 2 TO THE VENDOR SERVICE AGREEMENT WITH THREE (3)
2 ONE-YEAR EXTENSIONS AT THE CITY'S OPTION WITH APPLIED LNG
TECHNOLOGIES PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
3 CODE FOR THE PURCHASE OF LNG FUEL.
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a Joint regular
6 meeting thereof, held on the 4th day of August 2008, by the N
c
7
x
following vote, to wit: w
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
0
10 ESTRADA x c
11 BAXTER x
x J
12 BRINKER
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13 DERRY x
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Near, KELLEY x
15 x
JOHNSON °
16 °
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MCCAMMACK 00
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18
19
Rachel G. Clark, City Clerk "a
20
21 The foregoing resolution is hereby approved this day o a
August 2008.
22
"J.23 �yor
ino a
24
25 ja oved as to form:
26
es F. Penman
27 Attorney
28
Packet Pg.505
2008-48
or 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: o
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6 c
WHEREAS,the Mayor and Common Council has determined that it is advantageous x
7 W
and in the best interest of the CITY to purchase LNG fuel in order to continue to fuel its new C
8 N
d
9 LNG station; and o
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10 WHEREAS,the City of San Bernardino did not solicit and accept quotes from vendors
11 for the purchase of LNG fuel since minor technical issues still need to be resolved before bid z
12 specifications can be established.
.Q
CL
13 NOW,THEREFORE, the parties hereto agree as follows: Q
14
a
1. SCOPE OF SERVICES.
co
15
16 For the remuneration stipulated, San' Bernardino hereby engages the services of o
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17 VENDOR to provide LNG fuel. Q
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18 2. COMPENSATION AND EXPENSES.
19 a. For the services delineated above, the CITY,upon presentation of an invoice,shall pay the z
a�
20 VENDOR up to the amount of$99,900 for the purchase of LNG fuel. Q
Q
21
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
22
3. TERM.
23 Y
a
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
01/31/08 EXHD31T"A" Packet Pg. 506
2008-48
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. o_
N
6 =
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and X
7 W
p volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
8 N
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9 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its .o
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10 obligations under the agreement.
11 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any z
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12 claim, action, loss, or damage which results from their respective obligations under the 2
CL
13 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this a
LO
14
comparative fault.
15 co
5. INSURANCE. 00
16 a
0
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While hile not restricting or limiting the forgoing, during the term of this Agreement, <
18 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
c�
19 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
d
20 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk .Q
a
21
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an d
22 E
additional named insured in each policy of insurance provided hereunder. The Certificate of u
23
a
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
25 termination in the policy.
26
® 27
Zs
01/31/08
Packet Pg. 507
2008-48 `
1 6. NON-DISCRIMINATION.
2 In the performance of this Agreement and in the hiring and recruitment of employees,
3 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 o
y
6
sexual orientation, or any other status protected by law,except as permitted pursuant to Section x
7 W
12940 of the California Government Code. _
8 N
9 7. INDEPENDENT CONTRACTOR.
0
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10 VENDOR shall perform work tasks provided by this Agreement, but for all intents and U
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11 purposes VENDOR shall be an independent contractor and not an agent or employee of the z
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12 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
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•••. 13 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
13 <
Income
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14 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 Cb
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17 performed hereunder.
18 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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19 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
a�
20 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, Q
Q
21
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
22 s
to practice its business or profession. o
23
a
24 111
2
26
27
28
01/31/0B
Packet Pg. 508
2008-48
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 o
6 San Bernardino, CA 92418
Telephone: (909)384-5140 x
7 W
TO THE VENDOR: Applied LNG Technologies =
8 3001 Knox St. d
Dallas, TX 75205 0
9 Telephone: (214) 697-0391 0
14 Attn: Kevin W.Markey U
a�
11 10. ATTORNEYS' FEES. z
J
12 In the event that litigation is brought by any party in connection with this Agreement, 2
CL
0.
13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, a
Ln
14
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
co
15 'i
16 its rights or remedies hereunder or the enforcement of any of the terms, conditions or co
0
N
17 provisions hereof. The costs, salary and expenses of the City Attorney and members of his N
8 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
z
19 fees"for the purposes of this paragraph. -'
a�
20 11. ASSIGNMENT. n
a
21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
22 E
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior o
23
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
24
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
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Packet Pg. 509
2008-48
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 o
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6
Bernardino, State of California or the U.S. District Court for the Central District of California, x
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Riverside Division. The aforementioned choice of venue is intended by the parties to be 2
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9 mandatory and not permissive in nature. o'
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10 13. GOVERNING LAW.
11 This Agreement shall be governed by the laws of the State of California. z
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14. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this Q LO
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Agreement and their respective heirs, representatives, successors, and assigns.
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15. HEADINGS. 00
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17 The subject headings of the sections of this Agreement are included for the purposes of <
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18 convenience only and shall not affect the construction or the interpretation of any of its
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provisions.
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20 16. ENTIRE AGREEMENT; MODIFICATION. a
21 This Agreement constitutes the entire agreement and the understanding between the
22
parties, and supersedes any prior agreements and understandings relating to the subject manner
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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
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Packet Pg.510
2008-48
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: £ '2008 FEND
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By:
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8 Dated ` Lr , 2008 CITY O#SARDINO
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By: c
10 Fred anager
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12 Approved as to Form: a
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•r.r 14 By:
es F. Penman, City Attorney
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01/31/08
Packet Pg. 511
1 RESOLUTION NO. 2008-48
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 INCREASE TO CONTRACT PURCHASE ORDER NUMBER 08-070 BY AN
4 ADDITIONAL $75,000 TO APPLIED LNG TECHNOLOGIES PURSUANT TO
SECTION 3.04.010 B-3, OF THE MUNICIPAL CODE FOR THE PURCHASE OF LNG
5 FUEL. o
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS: w
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8 WHEREAS, the current Contract Purchase Order of $24,900 needs to be N
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increased to $99,900 in order to fuel the LNG station. —°o
10 SECTION 1. The City Manager of the City of San Bernardino is hereby
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11 authorized to execute on behalf of said City an Agreement between the City of Sar
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12 of which is attached hereto .Q
Bernardino and Applied LNG Technologies, a copy a
13
marked Exhibit "A" and incorporated herein by reference as fully as though set forth a M
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15 length. co
16 SECTION 2. The Mayor and Common Council hereby authorize the Director o N
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17 Finance or his/her designee to increase Contract Purchase Order No. 08-070 by al
18 additional $75,000 for a total of$99,900.
19 SECTION 3. This purchase is exempt from the formal contract procedures c z
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Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of sai� a
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Code "Purchases approved by the Mayor and Common Council". E
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SECTION 4. The Purchase Order shall reference this Resolution No. 2008-4E Y
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24 and shall read, "Applied LNG Technologies for the purchase of LNG fuel" and sha
25 incorporate the terms and conditions of the Agreement.
26 III
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January 31,2008 Packet Pg. 512
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT ANO
2 INCREASE TO CONTRACT PURCHASE ORDER NUMBER 08-070 BY AN
ADDITIONAL $75,000 TO APPLIED LNG TECHNOLOGIES PURSUANT TC
3 SECTION 3.04.010 B-3, OF THE MUNICIPAL CODE FOR THE PURCHASE OF LNC
4 FUEL.
5 SECTION 5. The authorization to execute the above referenced PurchasE o
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6 Order and agreement is rescinded if not issued within sixty (60) days of the passage o
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7 this resolution.
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January 31,2008 Packet Pg. 513
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 INCREASE TO CONTRACT PURCHASE ORDER NUMBER 08-070 BY AN
ADDITIONAL $75,000 TO APPLIED LNG TECHNOLOGIES PURSUANT TO
3 SECTION 3.04.010 B-3, OF THE MUNICIPAL CODE FOR THE PURCHASE OF LNG
4 FUEL.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the o
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6 Mayor and Common Council of the City of San Bernardino at a joint regular a
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7 meeting thereof, held on the 4th day of _ ebrLary _____, 2008, by the j
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following vote, to wit: o
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Council Members: AYES NAYS ABSTAIN ABSENT
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ESTRADA x
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BAXTER x
13 BRINKER x a
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14 DERRY x
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15 KELLEY x o
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16 JOHNSON x N
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19 Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this ,( ! day o Q
21 February , 2008.
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rri P +layor
y of San Bernardino
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A pa roved as to form:
25 1
26 J es F. Penman, City Attorney
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January 31, 2008 Packet Pg. 514