HomeMy WebLinkAbout4/24/2002 - STAFF REPORTS (16) DATE: April 24, 2002
TO: City Council
FROM: Director of Procurement and Contracting
CONSENT FOR ASSIGNMENT
RECOMMENDATION:
That City Council approve assignment of Agreement#4218 between the City of Palm Springs and
Coast Intelligen, Inc. to Western Energy Marketers, LLC. Assignment agreement to be in a form
acceptable to the City Attorney.
SUMMARY:
The agreement obligates the Contractor to provide the City's Convention Center with a minimum
of 150 kw of electrical power on a daily basis at a rate 5% below the City's tariff rate with Southern
California Edison. The current agreement was approved May 3, 2000, but installation of the
equipment at the convention center has never been completed. Approval of assignment will clear
the way for the necessary gas meter to be installed in the name of the contractor.
BACKGROUND
Staff received the attached request for assignment on April 10,2002. There are no staff objections
to the assignment as long as the resultant assignment agreement is acceptable to the City
Attorney.
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HAROLD E. GOOD
Director of Procurement & Contracting
APPROVED:
City Manager
Attachment: Request for Agreement
Minute Order
17/7
WESTF;R.N ENEPGY MARICF,TF.,RS LLC
10031 JON DAY DRIVE
HUNTINGTON BEACH, CALIFORNIA 92646
PHONE # 714-962-7037
FAX # 714-962-6977
FAX TRANSMITTAL
DATE: April 10, 2002
FROM: Peter Bonaciop
TO: Harold Goode
FAX: 760-323-8207
PAGES: 4
81.J13J: Contract Assignment
The transmitted assignme nt should take care of the issue of the gas meter with no
exposure to the City.
Thanks for your help in this matter. Please fax the executed copy and mail a hard copy as
soon as possible.
Td WdSO:VO E00e OT 'Jdd 'ON ONOHd NOdd
WESTERN ENERGY MARKETERS LLC
----------------I------------------------------
Pmviaig Sc dblc E=2y Alfanacive
,April 10, 2002
Via Fax: 769-323-8207
Mr. Harold Goode
City of Palm Springs
"l (name and title) have received a copy of your Assignment Agreement
between Coast Tntelligen, Inc. and Western Fnergy Marketers LLC, whereby Coast
lntelligen, Inc. assigns to Western Energy Marketers LLC it's obligations under and
agreement made between Coast Intelligen, Inc. and the City of Palm Springs, dated May
3, 2000. On behalf of the City of Palm Springs, approval is hereby given to such
assignment.
Peter ' a c
President
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10U31 Jon Day Dtive,linntington Heacli,California 92646
714-962-7037 FA_y%714-962.6977 email• westeraeaergyllc(c�aol.cwni. Lic:No 8410635
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ASSIGNMENT OF AGREEMENT
COAST INTELLIGEN, INC., as of this date, April 10, 2002, hereby assigns to
WESTERN ENERGY MARKETERS LLC the agreement with the City of Palm. Springs
dated the 3rd of May, 2000. This assignment is made and entered into by and between
Coast Intelligen Inc. (COAST), a California Corporation and Western Energy Marketers
Inc, a Delaware Corporation, who may be collectively referred to in this Assignment as
the "PARTIES" and who mutually agree as follows:
TERMS AND CONDITIONS
1. The payment term of this assignment is consistent with the terms and, conditions of the
agreement with the City of Palm Springs entered into the 3rd day ofMay, 2000.
2. Taxes; Each party shall be, responsible for their own respective taxes as relates to both
Federal State taxes.
3. Notices: All notices, dernands, requests, or other communications provided for or
permitted to be given under any of the provisions of this Assignment shall be in writing
and shall be deemed to have been duly given or served when delivered by hand delivery or
by overnight courier service, or transmitted by telecopier of when deposited in the United
States Mail by registered or certified mail, return receipt requested, postage prepaid and
addressed to the parties at COAST, 2460 Ash Street, Vista; California 92083, WESTERN
ENERGY MARKETERS LLC, 10031 Jon Day Drive, Huntington Beach, California
92646.
4. ENTIRE, AGREEMENT, MODIFICATIONS, ASSIGNMENT. This Assignment and
Agreement shall supersede all prior agreements, written or oral, between COAST and
WESTERN ENERGY MARKETERS LLC, and shall constitute the entire Agreement and
understanding between the parties with respect to the subject matter. This Agreement and
Assigmnent shall be binding upon the parties and may not be waived, modified, amended,
or altered except by written consent of the Parties.
S. GOVERNING LAW: This Agreement and Assignment shall be construed, interpreted
and applied in accordance with and governed by and enforced under the laws of the State
of California.
6_ SEVERABILITY: In case any provisions of the Agreement and Assigtunent is , for
any reason, held invalid or unenforceable in any respect, such invalidity or tmenforceability
shall not affect any other provisions and this Agreement shall be construed as if such
invalid or unenforceable provision had not been included.
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7. WAIVER: The waiver by either party of a breach of any provision of this Agreement
and Assignment , sball not operate, or be construed as a waiver orany subsequent breach.
S. ATTORNEY FEES: In the event of a dispute between the parties regarding the
enforcement of this Agreement and Assignment, the successful or prevailing party shall be
entitled to recover reasonable attorney fees and other costs incurred in the action of
proceeding.
above:
COAST INTELLIGEN, INC. WESTERN ENERGY MARKETERS LLC
Title Title ✓�'atc5 „�'
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MINUTE ORDER NO.
APPROVING ASSIGNMENT OF AGREEMENT
#4218 BETWEEN THE CITY OF PALM SPRINGS
AND COAST INTELLIGEN, INC. TO WESTERN
ENERGY MARKETERS, INC.
I HEREBY CERTIFY that this Minute Order approving assignment of Agreement #4218
between the City of Palm Springs and Coast Intelligen, Inc. to Western Energy Marketers,
Inc., was adopted by the City Council of the City of Palm Springs, California in a meeting
thereof held on the 24th of April, 2002.
PATRICIA A. SANDERS
City Clerk
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