HomeMy WebLinkAbout20143617.tiff RESOLUTION
RE: APPROVE LIQUEFIED NATURAL GAS FUEL SERVICES AGREEMENT AND
AUTHORIZE CHAIR TO SIGN -STABILIS ENERGY SERVICES LLC
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 Fuel Services
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 Stabilis
Energy Services, LLC, commencing upon execution of signature, and ending December 31,
2015, 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 Fuel Services 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 Stabilis Energy Services, LLC 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 19th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d /I 1[, \5S-�,S\LCDIC 1 `�Lll
Weld County Clerk to the �._r �.;�: ouglas Rademacher, Chair
7 I I; 'r eiv= EXCUSED
arbara Kirkmeyer, Pro-Tem
•
Deputy erk to the Boa's
Sean P. Conway
APPROVED AS TO FORM:
A
n Mike
pn
P County tf rney
William F. Garcia
Date of signature: 47/0"--.01A
2014-3617
EG0070
CC:�tJIJ. nlcd ,,ortc d,E.� �,,d>'�iz
LIQUEFIED NATURAL GAS FUEL SERVICES AGREEMENT
This Liquefied Natural Gas Fuel Services Agreement (the "Agreement") is made effective as of
November 24, 2014, (the "Effective Date") and is between Stabilis Energy Services LLC
("Stabilis") and Weld County Public Works, by and through the Board of County Commissioners
of Weld County, ("Buyer").
Recitals:
A. Stabilis is engaged in the business of selling liquefied natural gas("LNG")to its customers.
B. Buyer wishes to purchase LNG from Stabilis at it's mobile fuelers from time to time using
a unique five-digit user numberthat will be issued from Stabilis on the terms and conditions
of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree
as follows:
1. Subject to earlier termination in accordance with section 2 below, the term of this
Agreement shall be commencing on the Effective Date, and expiring on December 31,
2015, and shall automatically renew no more than four (4) additional one (1) year terms,
each commencing on the anniversary of the Effective Date, unless Stabilis or the Buyer
provide written notice of intention not to renew no less than 60 days prior to the expiration
of the then-current term.
2. Termination provisions:
(a) Stabilis may, by delivering written notice to Buyer immediately terminate this
Agreement or any part thereof, in the event of a default of Buyer, including
without limitation, default in making any payment in fuel when due, breach of the
Agreement, serious misconduct or criminal activity, conflict of interest, insolvency
or bankruptcy, whereupon all or any portion of the Buyer's obligations to Stabilis,
upon Stabilis' election without notice, shall become immediately due and payable
upon demand; or
(b) Either party may terminate this Agreement or any part thereof, for any reason,
effective ten (10) days following delivery of such written notice to the other party.
3. Stabilis shall issue a user number for the Buyer to use when purchasing LNG from Stabilis
as well as a four digit authorization code. Buyer must enter the correct user number and
authorization code at the fueling station to purchase LNG. All LNG acquired through the
use of Buyer's user number and authorization code will be charged to Buyer at Stabilis's
then posted rates.
4. The Buyer shall purchase LNG from the Stabilis mobile fueling station in Weld County,
Colorado, by using its user number that it receives from Stabilis.
5. Stabilis shall invoice the Buyer on a weekly basis for all purchases of LNG and the Buyer
shall pay such invoice and applicable taxes, within seven (7) days from the date of such
invoice. The cost of the LNG purchased will be reflected on the invoice per LNG gallon
dispensed inclusive of applicable taxes. If the weekly invoice contains errors, the Buyer
shall advise Stabilis within 7 days of the invoice date. If the Buyer fails to remit full payment
Page 1
2014-3617
of any undisputed amount when due, interest on the unpaid portion shall accrue from the
due date until the date of payment at the annual rate of 12%. For purposes of this
Agreement, business days shall be Monday to Friday excluding U.S. Federal Reserve
bank holidays.
6. The user number issued to the Buyer shall remain the property of Stabilis. The Buyer
shall immediately stop using the user number and shall destroy the user number and
associated documentation when requested to do so by Stabilis. The user number is for
the exclusive use of the Buyer and may not be assigned or transferred to any third party
without Stabilis' prior written consent.
7. Buyer is solely responsible maintaining security over and access to its user number
and access code. If the user number or access code is lost, stolen or is being used
without Buyer's consent, the Buyer shall immediately notify Stabilis of such event by
telephone at 1-866-564-3835. The Buyer shall be liable for and pay all charges made
using this user number and authorization code including without limitation, all
charges made through improper or unauthorized use of the user number or
authorization code, incurred prior to Buyer's notification to Stabilis of such loss,
theft or misuse.
8. Upon request, Buyer shall provide to Stabilis, the name, business address and other
business information about the actual user(s) of the user number.
9. Any notice or other communication required or permitted hereunder shall be given in
writing to the other party to the address listed below:
Weld County Public Works Stabilis Energy Services LLC
1111 H Street 470 Orleans St., 7th floor
PO Box 758. Beaumont, TX 77701
Greeley, CO 80632
Attention: Mona Weidenkeller Attention: Contract Management
10. This Agreement contains the entire agreement between the parties and supersedes all
prior communication and understandings. This Agreement may be executed in
counterparts and transmitted by electronic communications, each of which, when so
executed and transmitted shall be deemed to be an original and all such counterparts shall
together constitute one and the same instrument. This Agreement shall be interpreted
and governed by the laws of the State of Texas without giving effect to its conflict of laws
provisions. If any collection and/or enforcement efforts are commenced by Stabilis, Buyer
shall pay to Stabilis its collection and legal expenses, including without limitation its
attorney fees and costs at full indemnity basis.
Page 2
IN WITNESS WHEREOF this Agreement has been signed on behalf of each of the Parties
as this 19th day of November , 2014.
STABILIS ENERGY SERVICES LLC WELD COUNTY PUBLIC WORKS
Per: at it,u..„4 ,-ZJ� Per: SEE BELOW
Name: Ot..e.nr•e \ckaar C�, Name:
Title: eA,er,k ;na,x,S Mara a-er Title:
Date: t i,a t&Ov�1 s lla � Date:
�e lle
ATTEST:d • 'A/•y � . BOARD OF COUNTY COMMISSIONERS
Weld County • -(% Jam=Clerk tot O iti2.' WELD COUN OLORADO
BY:�� �.� �� �����!. oc.97 '1 oadbvre-Qkr-'
D:puty Clerk to theme°,= ' glat Radema er, Chair Nov 1
ice'' 9 2014
APPROVED AS TO FUNDING: APPROVED 0 SUB ANCE:
J/I �YI� 1O� �s• /�..0 / a
Controller Elegy? . icial or Depart ent H-..
APP jQVEDAM:
Direct of general Servic�-�
County Attorney
Page 3
Hello