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Home My WebLink About20152702.tiff RESOLUTION RE: APPROVE LIQUEFIED NATURAL GAS (LNG) FUEL PRICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CLEAN ENERGY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Liquefied Natural Gas (LNG) Fuel Price Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Clean Energy, commencing upon full execution of signatures, and ending August 10, 2017, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Liquefied Natural Gas (LNG) Fuel Price Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Clean Energy be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of August, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diotiLip'ok 71A1/7<-1y_e_A-- arbara Kirkmey , Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: � I !! �i • uty Clerk to th= Board Sean . Conway APP D ORM: r • r 4411' C•zad o' y Attorney �f•teve Moreno Date of signature: //3 et t e4;, 2015-2702 EG0072 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: LNG Fuel agreement with Clean Energy DEPARTMENT: Public Works DATE: 7/24/15 PERSON REQUESTING: L Jay McDonald Brief description of the problem/issue: The LNG fueling station at CR 47 and CR 62 is scheduled to be in operation soon. In order to fuel our trucks, we need a fueling agreement in place with Clean Energy. We have been reviewing and revising an agreement with Clean Energy over the last few weeks and have finally developed an agreement that satisfies them, Public Works, Barb Connolly, and Bruce Barker. We are ready to present it to the commissioners for approval so that when the station is in operation we can begin fueling our trucks immediately. What options exist for the Board? 1. Approve the agreement 2. Do not approve the agreement and negotiate other terms Recommendation: Public Works recommends approval of the agreement. The trucks are currently fueling at a site north of County Road 28 Southeast of Platteville. It is a little more than 20 miles from the Public Works facility to that fuel site. Each truck loses at least one load per day due to the distance they have to travel to get fuel. This agreement will place their fuel site less than 5 miles from our facility and will increase daily efficiency by at least 200 tons of material and 14,000 gallons of liquid product. We are currently paying $2.28 per gallon at the Stabilis site. The base rate for Clean Energy is expected to be $2.37 per gallon with discounts for fuel purchased above the minimum commitment. Approve Schedule Recommendation Work Session Other/Comments: Barbara Kirkmeyer,ChairV4.6tU/te, reOletir eta-41--li • /356(43 Mike Freeman,Pro-Tem m P Sean P.Conway Julie Cozad Steve Moreno ,-- M:\'Administration\Forms\WorkSession-passaround.doc 2015-2702 •.. 1 , n.-.:::.v...«:.,.-n,.,nrave- ,.....s'• ,........:...-........nlN,W,\NN%W....Ve.•..l.W.NA..a.1V,...w...�.......kl v...w........,w,l,,.......l..l,X. ,,,c.ca iF eb0 7'tt Thergj \ clean LNG FUEL PRICE AGREEMENT Effective Date , 2015 Customer Weld County Department of Public Works Term Commences on the Effective Date and ends on the second (2) year anniversary of the Effective Date the customer first fuels at the below defined Station ( the "Commencement Date" ) . Clean Energy shall notify the Customer of the Commencement Date in writing. Financial obligations of the Customer payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. Station Clean Energy Station 22732 County Rd , 62 Greeley, CO 80631 Fuel Type Liquefied natural gas ( " LNG" ) Gallon Equivalent Diesel gallon equivalent ( "DGE" ) Fuel Price Customer's Fuel Price is calculated each month as follows : Total DGEs Purchased That Month at the Station Discount per DGE from Station ' s Posted Price 0 to 2, 875 ( Min . Commitment ) $0 , 00 2,876 5,750 to � o .os • .5, 751 to 7,500 $ 0 . 14 7,501+ $ 0. 1,8 Special Provisions Commencing on the Commencement Date, if Customer purchases less than 2,875 DGEs of LNG each month frprn the Station (the " Minimum Commitment" ), Customer will pay CE the difference between the Minimum I Commitment and the actual amount of DGEs of LNG purchased, multiplied by the average retail rate at the station located at 22732 County Rd, 62 Greeley, CO during the applicable month . This amount is in addition to Customer' s payment of the Fuel Price for the actual amount of DGEs of LNG purchased from the Station . The Minimum Commitment shall be prorated for partial months during the Term . • This Fuel Price Agreement ( "Agreement" ) is entered into on the Effective Date between Customer and Clean Energy, a California corporation ( " CE") located at 4675 MacArthur Court, Suite 800, Newport Beach, California 92660 . Customer and CE are referred to collectively as the "Parties" and individually as a " Party" . The Parties desire to establish rates for Customer' s purchase of the Fuel 6 y Type for its natural gas vehicles . The Parties hereby agree to the following: 1. Fuel Price. Customer shall pay CE the Fuel Price for each Gallon Equivalent of the Fuel Type sold to Customer at the Stations. Customer shall complete the Fuel Card Application ( attached as Exhibit A) and comply with its terms and conditions . CE will invoice Customer directly and Customer must pay each invoice within 30 days of the invoice date. Customer will not fuel its vehicles at any Station until it has completed all training required by CE , 2 . Term and Termination. The term of this Agreement shall begin on the Effective Date and end automatically at the end of the Term ; provided, however, I either party may terminate this Agreement at any time upon 30 days written notice to the other party . 3. Miscellaneous Customer may not assign any of its rights or delegate its performance arising under or relating to this Agreement, whether by merger, operation of law or otherwise, to a third party without CE's prior written consent. All matters arising under or relating to P this Agreement will be governed by the laws of the State of Colorado, notwithstanding conflicts of law rules . Each Party consents to the exclusive jurisdiction of the federal or state courts in Weld County, Colorado for any legal actions arising out of or relating to this Agreement . Each Party giving a notice under this Agreement will give the notice in writing and delivered via personal delivery or overnight carrier to the Party' s address set forth in this Agreement or to such other address designated by such Party . No change, amendment or modification. of any of the provisions of this Agreement will be binding unless in writing that identifies itself as an ID x: 202 (rev. 0106. 2015 ) � f ` ....... .0',40 Clean Energy amendment to this Agreement. This Agreement constitutes the final agreement between the Parties and supersedes all prior and contemporaneous negotiations and agreements relating to the subject matter of this Agreement. This Agreement may be executed in one or more counterparts, with the same effect as if the parties had signed the same document. Each counterpart so executed will be deemed to be an original, and all such counterparts will be construed together and will constitute one agreement. Neither Party shall disclose the terms of this Agreement to any third party unless required by law or regulation. By directing their authorized representative to execute below,the Parties hereby agree to be bound by this Agreement. CLEAN ENERGY CUSTOMER By: — / / ( By: �1�— Name: Peter Graee ft�,it'�41,4( '1 lj N e: Barbara K rkmeyer Title:SVP,Sales St F�wnce V tG'� PIV4't 7 Title: Chair. Board of Weld County Commissioners Address: 4675 MacArthur Court,Suite 800 Address: 1150 0 Street/P.O. Box 758 Newport Beach, CA 92660 Greeley, CO 80631 AUG 1 0 2015 I 02.0 /6-0.17o� ID#202 (rev.03:06.2015) WELD COUNTY: ATTEST:dL/ v• ;'1 BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO r i BY: r Deputy Cl k to t e :oar sLa Barbara Kirkmeyer Chair A G 1 0 2015 APPROVED AS TO F ��'' st trizt�� APPROVED AS TO SUBSTANCE: '4.40l !!� . 1/`-‘21-a(7 •" ' �,r► Ele e f cia, or Departrnen cad APPROVED AS TO FORM:,e4`4•••- 14, Director of General Services County Attorney oZo/5162 70,22 It • • Exhibit A Fuel Card Application (See Attached ) • r C } t t g a' x II :} ii 202 (rev-. 03 .06.2015) • ,,,, „ ..... . .. . .. . . . . �- - ♦� . •� c. <...t...:,,a..u....... ...,.,.. �'r^ ..... .b ;:^M�7om*+vmmrvar»waVh• .>ti.,,v:,R::iw,Xl':: nvlv...�...v.a til la vda.a.v,..Qvv,,,.,,v:,,v.:.v..a.t,v, i 4 Please mall or fax application to Customer Service at: 4675 MacArthur Court, Suite 800 Newport Beach, CA 92660 Fax: ( 49) 724-1387 Y Call: t 8861 809-4869 LNG FUEL CARD APPLICATION Ti g It E . ' . $ l l "x?• d the TerinprictConditions. QUU oc34 o.€tte ri t by yfaned Oki rgkur e SECTION 1 Please print all ',information clear iy . Business Name and/or Group Affiliation: . . ( applicable): Tax ID No. if � tii;;�aia�iir�. L _ 6ovt:P4Abta:An- Customer �.•�.••_ ��First Name; Midthe Initial : Last Name : 00 u.,..,..,.w.,.w Street Address : .. .,�. . . .. ...w,ww_.,..,..Mw.,...,.,. A p t. /Suite I iLbO 0Sr? EEr •• - ,..•y - Y is - ' -fMX�x.Yf...;%.% " - . . ......_ ... ).. - »....,uovmoaasw�a.x.,u..w.n,�,r�,.a.n✓..a.._.no •. _.rro)r. w.� \ I1~1..._I MKw , • _ , _v- ..ww.+IS»,orw.+.nrr,. Ci.1y: State: et Lip . GAWEL,Fi �� Billing Address (if different from Street address) (No P.O. Boxes ): { City: State: zip: Drivers License Number/State of issuance Daytime Phone: ( :. W Fax:: �, S CT4ON 2 Ownership , Credit References , Payment Options Corntlany Structure: OCorporation DPa nets ip Mole Proprietorship *&vernment ONon Profit ON/A • Individual Tax Exempt?: 0 No :' 'es Tax Exempt Status: (must supply exemptioncertificates for all boxes checked) OFederal OState ` County CiMunici a ° School °JSOIC C Decal State: Ex iration Date: F Type of Business: Years in Business: • w.. •• \\w\\,NA'.v\w::aa"aw\VxvJa,.v wA\w-uv.uYsalwQV______A.w n..t..,,.w... __....b........__�.<.n.n.. .e.,w.»..........- ,..,. _..,c ..,......n —. •• Credit References (attach additional sheets if necessary) '.....wvrw .. -.,,.»T..+u».w..,ov.,.....,r,,....,�...w,.., .. :,cucconoaaaTwncwaxw.a,»Y\w.noa,.vnava,\\vr,mmwvuok\\\\\\waa..va vo�ew.\,'au�aa\�.,\w.wwmh . _.. , . ._ .ww.w,,.♦w...,.ww...w..» ... Name: Address; Account Number: I Telephone Number: .. . ,P�. i • Credit/Debit Card (Check One). OVsa .. asters and C3 American Express NOTE: w isistit Cardholder's Name; processing fee applies i i 4\ -k- Credit/Debit to American t ""F: ��p Carci Plumber: V - Coc e: �. c \�\� ., ,,�\ _ rfl xpress 4 P‘‘4:41% \ ..\`4\!t.suic. card � .k' \ � .. xpit+ tion �r€ r��{" r payments �. , . �. : �P ae✓.rry>»rmr».>a>e _ .. » _ .. !K:\WS\:YTUJn\41 YnMCRWOLi�`Vi\•Y-' .c 't SECTION ' 1 .�r� �pc� \�y :. of ` .�. .\ }/ y� � x , '4l• '..�i,.,+ t t :i+?�'yv:c.:'i;}i?:'.::�k:[:.}: :}tifY'} .:.i.. . \,:+• o y� • . C$' \, �`f�,.' :. u\„ 6 c„A' .; +t:sh+:. : 1...,j ` 44, ..v�YO ' •( �( � ( j .\},.iY•.2et,#. .\?4r'.°4. .. :. y,C .4 r t7♦ F4'�.4 ' ,2 :+. 7 .'•:.. .}.'. 4 4 . \ \ 3 >`.,y�, ' .. i .,�? .d.,,., ,2.+�,:. . .: . . .��C..�...�.. .'.'.. .... \. ... ��•�+'� +.:... - t\.+'.. ..}.�• :\��'7.;#?a�:>lP4\.'xr,h . 4.,:.�•. ^�{, :.,CZ�cA`:}' � }i1x.'.. W � � 4. .. �wi'MY' t� {aF� �� l'C��'r"r°€ � � ..(�.. ....... ..... .... `,. :.. .... ........... ... n........... ... v.+,.l: . ...A4::::w.v::v : ..T. /..'y7.>j. ..w .}.:}::. ,.,< '. ..� .: } .i How many nat ral gas vehicles will you be operating? , 9 , What make and model is it? 0 srrifica ,, When Till you take del veraof it/thorn? 1 i fl4.jn Total Estimated sa a /D GE per mo. What is the Maximum Cation Capacit of our Vehicle? Itdo . S ark i nited en SL. Corsran rgrtited en. . . ; ...:., ,....1.. .. •.ww..ww :..w..w.,•..-\v.,.. rT.T.T....\w.w».,,,w,T,rn I . �...Y7.+ M Number of fuelin cards requested: Would ou Likae Name or Vehicle 11.E ass' ned to each Card? Yes '>8S No O ..L..... _.J.....I .,.,.. ;... ._.. ... . .., .. a�:... .a .. . . .... ..., _.. .Ya,\. .. T '... •. Would you like a Driver ID Prompt? Yes Eno 0 Would you like an Odometer Prompt? YesVW' o 0 What unit of measure would au tike to be billed in tiVeGE 0 SSE SEC [ION 4 Authorization ; I have revievred the information provided try Applicant oit this applications and certify that the inforrnati n is complete, true ano correct and that any other f€r.ancial information Applicant gives is true and correct. Applicant .authorizes Clean Energy to investigate the references, statements and other information for the purposes of credit evaluation, renewals or extensions of credit, and for the purpose of taking collection action on any extension of credit. The undersigned hereby certifies that he or she is duly authorized to sign this application on behalf of Applicant and that the Applicant hereby agrees to the terms and conditions stated in th k application. ,,� Amt S n ur N: }.: R Imo. ,. _ 4 4 S e: / a 3 Clean Energy Use Only f Customer Account #: Card #s (attach pp! if neceasar Ac ountir� c novel Credit Rating/Score M � ... Marketi Accountingrt�, arc ..Te.� ,a �. Credit Limit +••,•yiJ»Y,\\\V.W+T\\NV,\\\Vn\\\\\\\ti]pYq\m\\m\\»,lCc.\VT.:.a VIV,+ \ TJf,NtlTf}1pJ;aWJJ,\WJrN.Vfa,N\.aVT\\ 'a�u,V\y\\\\\\\\\\\\V)O(fJNJ0.\\\\V.\\VMV.b\VMM\♦n'Q\'M\\\MtM•Q\\m:. . W� Disapproval Score/Reason Fuel Training completed by Date cards lssueC : # _ Page 1 of 3 Effective October 22, 2013 sament • Terms and Conditions By signing the attached fueling application ("Application") requesting a credit In the event of a default, at Issuer's option, the full amount owing by Cardholder card ("Card") and a Ilne of credit from CLEAN ENERGY ("Issuer") , the shall become immediately due and payable. Cardholder agrees to pay ell Applicant/Cardholder agrees as follows: reasonab:e costs of colliding the amount due, including court costs.ond tornay's fats to the extent permitted by law. If Cardholder defaults under thin Agreement, Use: Cardhclder is responsible for all credit extended by issuer in upon payment of all unpaid balances duo Issuer, Cardholder may request that their connection with the Card, regardless of the credit limits or the party using the account be reinstated and fueling privileges et CLEAN ENERGY owned or operated Card. Cardholder may only use lee Card to purchase Liquefied Netdrel Get stations returned, issue/ reserves the right to reject such a request by Cwrdlioidur, (LNG) from CLEAN ENERGY Natural Gas Stations at the price posted a1 h tiracy-l-seol!t-a-{oquoet-ts-+ .a01ed-b -fsauarr“26(0(14-per-c.prd-roaoUrat►on fee such stations or al prices agreed to by Issuer and Card/of de r. Liquefied neneeaorneirnmediatelydua;by-Cardholdoe Natural Gas Is measured in Diesel Gallon Equivalent (DGE), By agreement of the parties (and Irrespective of any governmental standard, industry jpCr.9Qtia Eft Qmfl: issuer will request that credit reporting agencies provide credit conversion or other formula), one (1) OGE of LNG is equivalent to 139,000 Story reports regarding Cardholder In connection with any increase of credit. After BTU. Furthermore, Cardholder agrees that (1 ) the rights set forth herein and written request by Cardholder. Issuer will provide Cardholder with the names and the credit extended hereunder shell only be used for business and addresses of all credit reporting agencies who provided credit history reports to commercial purposes and not for personal, family or household use; and (2) Issuer in connection with any extension or renewal of credit to Cardholder. All Cardholder will at no time and under no circumstances fuel its own LNG transactions under this Agreement, including the amount of credit extended, the vehicies at any Issuer owned and/or operated station, unless and until it has balance outstanding at any limo, and any (allure to comply with the terms of this completed all required training conducted by Clean Energy, Until Cardhclder Agreement may be reported to credit reporting agencies. has received such training, Cardholder's LNG vehicles may only be fueled by en authorized Clean Energy fueling attendant, t rneertnsants: The terms of this Agreement may be amended by Issuer at any lime by providing notice to Cardholder at Cardholder's last known address In writing al Credit t.imit: Cardholder shall have a total credit limit which wilt be (east fifteen (15) days before the dale on which the amendment becomes effective, determined after the review of the credit information, The total amount of Any amendment will not require the written consent of Cardholder, In the event thol . credit extended to Cardholder and the charges permitted to be assessed to the Cardholder does not agree to the amendment, Cardholder wi11 notify issuer in Cardholder under this Agreement must not exceed the credit limit. The credit writing, return the Card to Issuer, and pay the balance under the tarrns of the limit may change by the Agreement of the Issuer and the Cardholder. In the Agreement prior to the amendment event that Cardholder requests an extension of credit that will result in the total balance being more than the credit limit, issuer may (a) honor the Aeztatultere : Cardholder w,11 not assign or transfer the Card without the prior written request and permanently raise the credit limit. (b) honor the request but not consent of issuer. Issuer may assign alt or a part of this Agreement or Cardholder permanently raise the credit limit, (a) nonce the request and regard the debts, in Its sole dlecretion, without prior notice. amount d the extension of credit as immediately due; or (d) infuse to honor the request. Qovern r eteues: This Agreement and any transactions under the Agreement shall bo governed by the laws of the state of California, Vitling: The Cardholder may be billed on a "Net 3Q' day, "Nut 15' day depending on the prearranged agreement between the Issuer and the , 9vorsQt Illy: If any p'ov;sIcn of this Agreement or the application thereof to any Cartiho,cler, Under the 'Net 00/15' Issuer will send Cardholder s statement person or circunistenco9 shell to any extent be held in any proceeding to bo invalid ("statement") when there is activity on the account. The statement is the bill, or unenforceable, the remainder of this Agreement shall be veld and enforceable to Each statement shall be conclusively doomed correct and accepted by the fullest extent permitted by law, but only if, and to the extent, such enforcement Cardho'.der unless issuer Is notified in writing within 60 days from the date wou.d not material y and adversely alter the pandas' essential ob;ectives as the statement is mailed to Cardholder. Cardholder is obligated to pay for a'I expressed herein. purchases and charges made on the Card. Cardholder is also responsible for notifying issuer of any changes in address. Ln .iret Aercemetitt Thls Agreement, as it may be amended by Issuer as permitted by the paragraph "Amendments" above, is the entire Agreement between Issuer and e me t: Cardholder will pay Issuer at the place indicated on the statement Cardholder regarding Iho extension of credit from issuer to Cardholder and all credit obligations under this agreement. Cardhader must pay the full supersedes all prior Agreements between issuer and Card helder. amount shown on each statement, feiease arm-inctjrgrjly You hereby release CLEAN ENERGY from al, loss , Late Paycnerfj Ct}ee+s: A late payment charge will be added if the betur;ce is damage, or Injury whatsoever, known or unknown, arising out of or ;n any manner not paid-In-full on or before the payment due dela. Whon there is an connected with the use of or performance of Card andlar your default under this outstanding balance subject to a late charge. the fate charge wi;l be Agreement , You-agreeete-tndsmeirereetetwt-0416-hoidehstrrnless-CLEA1+>•-EAIERGY computed by applying a periodic rate of 1 ,50% par month (Annual anise its•agsole-/foal lee,abileyeter-artyibss:datrrege-oC•leiu o-psr6ene-of-property Percentage Rate: 18%) or the maximum rate allowed by law to the balance, eauing.feerreoreratated: ethaeCurd-anchor-your-dofautl-under-Ihis^Agesiment. at the Issuer's sole discretion. The late payment charge is due and payable on the due date printed on your statement. Issuer may use a collectice Chum for Darnnaree In the event of station damage, such as a drive-sway agency and Cardholder agrees to pay collection agency fees which Issuer whereby the fueling hose Is forcibly removed because the hose was not may incur to collect payment, disconnected from the vehicle, and the Cardha!der is determined to b© responsibio, CLEAN ENERGY may charge The Cardhclder .up-iu-&1 GQ OG or its actual costs to Pavmen'•dvQ date: The payment due date is the dale the payment Is duo as repair the damage;ethioheveeie-gesa;der-ooeurrrene•-foedarnagesr printed on the statement et the indicated remittance business address, if full payment or the new balance is not received by the payment due date, Issuer Notwithstanding anyireng to the contrary, Issuer makes no representation or reserves the right to suspend Cardholder's charging privileges until full warranty regarding the quality, specification or content of natural gas dispensed from payment of the new balance is received , THE NEW 9ALANCE IS TO BE the stations, PAID-IN-FULL BY THE PAYMENT DUE DATE. YOUR BILLING RIGHTS Term p ricn.,otQxoeruceei: Issuer or Cardholder may terminate this egreemer at anytime, KEEP THIS NOTICE FOR FUTURE USE This nonce contains important info;metlen about your rights arw our responsibilities Cerdhoidoc'5 Mein Cardholder will promptly notify Issuer if rho Card is lost under the Fair Credit 61!ing Act, or stolen. The Card Is properly of the Issuer, and the Cardholder will surrender the Card on demand. issuer may revoke or repossess the Card at NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL any time. Cardholder will not use the Card to obtain credit in excess of If you think ycur bill is wrong, or If you need more information about a transaction on Cardholder's credit limits. your bill , write us on a separate sheet at the address listed on your bill. Write to us as soon as possible, We must hear from you no later than sixty (60) days aver we DerauI1: Any of the following events shall constitute default under this sent you the first bill on which the error or problem appeared. You can telephone Agreement end require the immediate payment of all amounts due under this us, but doing so will not preserve your rights. Agreement. In your letter give us the following information: a) Cardholder's failure to make any payment by the due date • Your name and account nurnt:er, under this Agreement; - The dollar amount of the suspected error, b) The total balance due under this Agreement exceeds the credit • Describe error and explain, if you can, why you believe there is an error. limit, except es permitted In the paragraph "Credit Limit"; If you need more information, describe the item you are not sure about. c) Cardholder's failure to comply with any other terry of this Agreement; d) Cardholder becomes the subject of bankruptcy or Insclvency proceeding's; or e) Cardholder dissolves or ceases to exist, Page 2 of 3 Effective October 22, 2013 YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE The federal Equal Credit Opportunity Act prohibits creditors from discriminating YOUR WRITTEN NOTICE against applicants on the basis of race, color, religion, nollonal origin, sax, marital We must acknowledge your letter within thirty (30) days , unless we have status, age (provided the applicant has the capacity to enter Into a binding contract) , corroded the error by then. Within ninety (90) days, we must either correct because all or part of the applicant's income derives from any pab!ic assistance the error or explain why we believe the bVI was correct, program , or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. Thu federal agency that administers compliances Atter we receive your letter, we cannot try to collect any amount you with this law concerning this creditor Is the Federal Trade Commission , Equal Credit question , or report you as delinquent, We can continuo to bill you for the Opportunity, Washington, DC 20580, amount you question, including late charges, and we can apply any unpaid amount If your opp!ication for business credit is denied or condliionolly approved , you have against your credit limit. You do not have to pay any questioned amount the right to a written statement of the specdfc reasons for the denial or conditional whilo we are investigating, but you are still obligated to pay the parts of your approval, To obtain the statement, please contact Clean Energy at 4675 MacArthur bill that are not in question; Court, Suite 800, Newport Beech, CA 92680 (868.809,4869) within 60 days from the date you are notified of our decision, We will send you a written statement of If we find that we made a mistake on your bill, you wilt not heve to pay any reasons for the denial within 30 days of receiving your request for the statement, late charges related to any questioned amounts If we didn't make a mistake, you may have to pay late charges, and you will have to make up any missed payments on yot;r questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due, if you fail to pay the amount that we think you owe, we may report you as delinquent_ However, if our explanation does not satisfy you end you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your Gill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. it we don't follow these rules, we can't called the first $50 of the questioned amount, even if your bill was correct, iThauthmintatt You may be liable for the unauthorized use of your Card, You will not be liable for unauthorized use that ocours after you notify Clean Energy at 4675 MucAtthur Court, Suite 800, Newport Beach, CA 92660 (886 .809.4669), orally or In writing, of the loss, theft, or possible unauthorized usa, In any case, your liability will not exceed 550 (except for accounts with ten or more Cards, see below), Number of Cards: If you request and receive ten or more Cards (ram Issuer, you also agree to be responsible for ell unauthorized use of the Cards notwAhslanding the language sal forth above, I have road the above Terms and Conditions of this Agreement and accept and consent to the terms and conditions stated 703 /5 Signature Vale BM-Bfid eamocsaY Ce/07RoLia Printed Name and Title Page 3 of 3 Effective October 22, 2013 I 1 . 2009 Kenworth 2 . 2009 Kenworth 3 . 2013 Ken worth 4 . 2013 Peterbilt 5 . 2013 Kenworth 6. 2014 Kenworth 7. 2014 Kenworth 8. 2014 Kenworth 9 . 2014 Kenworth . 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