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HomeMy WebLinkAbout2002-379 ,~ . , > ; ., . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2. 18 19 20 21 3. 22 23 24 25 III 26 27 III 28 , RESOLUTION NO. 2002-379 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR $66,500 IN MATCHING GRANT FUNDS FROM THE CALIFORNIA ENERGY COMMISSION TO INSTALL BATTERY BACKUP SYSTEMS AT TWENTY-FIVE SIGNALIZED INTERSECTIONS CITY-WIDE WHEREAS, pursuant to Public Resources Code Section 25403.8, the State Energy Resources Conservation and Development Commission (Energy Commission) is authorized to provide grants to city, county or city and county governments for battery backup systems for traffic signals; WHEREAS, in order to be eligible for funding, the battery backup systems must be used in conjunction with light emitting diode traffic signals; NOW, THEREFORE BE IT RESOLVED that the Mayor and Common Council of the City of San Bernardino hereby: 1. Approves the filing of the grant application by the Department of Development Services for funding from the California Energy Commission for battery backup systems operating with light emitting diode traffic signals; That if recommended for funding by the California Energy Commission, the Mayor and Common Council authorizes Development Services to accept a grant up to $66,500 which is the amount of the Grant requested. Appoints the Deputy DirectorlCity Engineer as the agent of the City of San Bernardino to execute on behalf of the City of San Bernardino all necessary documents and to take all actions necessary to implement this Resolution. ~ -. 2002-379 1 RESOLUTION...FOR APPROVING THE APPLICATION FOR $66,500 IN MATCHING GRANT FUNDS FROM THE CALIFORNIA ENERGY COMMISSION TO INSTALL 2 BATTERY BACKUP SYSTEMS AT TWENTY-FIVE SIGNALIZED INTERSECTIONS CITY-WIDE. 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 j t. regular meeting thereof, held on 6 the 2nd 7 8 day of December ,2002, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x x ~~~.~ Racn 1 G. Clark, CIty Clerk 21 The foregoing resolution is hereby approved this 19 2002. 20 n< _ day of December di vaiies, Mayor of San Bernardino 22 Approved as to 23 Form and legal content: By: J 28 ,-- , , STATE OF CALIFORNIA CALIFORNIA ENERGY COMMiSSION GRANT AGREEMENT CEC14t\(Reli7191) This agreement is official notification of a grant award from the California Energy Commission. The attachments listed below are incorporated as part of this grant agreement. RECIPIENT City of San Bernardino GRANT NUMBER BBS-02K-168 ADDRESS TERM 300 North 0 Street, San Bernardino, CA 92418 1/22/03 - 12/31/03 CEe ~ROJECT MANAGER PHONE California Energy Commission, David Rubens (916) 651-9857 ADDRESS 1516 9th St.-MS-26, Sacramento, CA 95814 PROJECT DESCRIPTION This project involves the installation of New Battery Backup Systems (BBS) for traffic signal intersections using light emitting diodes (LED). CEC: $ 66,500.00 PROGRAM FUND TITLE Battery Backup Systems for Traffic Control Renewable Energy Loan Loss Reserve Fund AMOUNT ENCUMBERED ITEM CHAPTER STATUTE fiSCAL YEAR $ 66,500.00 3360-601-8100 6XX 01 02/03 MATCHSHI\RE PURPOSE OF EXPENDITURE $ 33,500.00 Matching Grant Program to Provide Battery Backup for Traffic Control Signal TOTAL OPTIONAL USE $100,000.00 4400-702-44011 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose stated above. to this agreement and will comply with the standards and requirements contained therein. CALIFORNIA ENERGY COMMISSION RECIPIENT John P. Butler, II 654-4204 DATE SIGNATURE Of DEPUTY DIVISION CHIEF DATE J /8 vJ NAME PHONE NAME PHONE (909) 384-5111 ATTACHMENTS TITLE Deputy Director/City Engineer 1. Terms and Conditions 2. Work Statement 3. Budget 4. Resolution 5. Special Conditions GRANT NOT SUBJECT TO DGS APPROVAL PER ATTORNEY GENERAL OPINIONS GL-48 , . r ' TERMS AND CONDITIONS FOR BATTERY BACKUP SYSTEM GRANTS AWARD #BBS -02K-168 TERMS AND CONDITIONS TABLE OF CONTENTS SECTION PAGE NO. 1. Grant Agreement........ ......... ............. ......................... ........ ... ... .... .... ......... ....................... .......... 1 2. Attachments and References... ...... ... ........ ......... ..................... ........ ............. ................ .............. 1 3. Funding Limitations .................... ..... ......... ....................... ...... ..................... ... ............ ...............2 4. Due Diligence.... ............ ........ ..... ........... ...... ........ ............. .................... ... ........... ........... ............2 5. Products ...... ....... ......................... .......... ............... .............. ... ....... ................ .................... ..........2 6. Reports......................................................................................................................... ..............2 7. Legal Statement on Reports and Products................................................................................4 8. Amendments.... ............... ........... .......... ..... ...... .... ............. ......................... .................... ............ 4 9. Contracting and Procurement Procedures ................................................................................4 10. Bonding and Insurance. ..... ... ... ......... ............. ........................ ................. ............................ ....... 5 11. Permits and Clearances .............................................................................................................6 12. Equipment.. ............ ..... ............... ...... .................................... ............. .................... ..... ........... ....6 13. Termination......................... ...... ......... ..................... ................... .... ..... ............ .................... ...... 6 14. Travel and Per Diem ..... .......... .......... ......... ............................................. ................ ..... ...... .......6 15. License..... .......... ...... ...................... ... ..... .... .......... .... .......... ......................... ...................... .........7 16. Standard of Performance....... ..... ........... .... .......... ................. ....................... .... ............... ........ ... 8 17. Payment of Funds......... ...... ........ ........ ...... ................................... ..... ............................... ...... .... 8 18. Fiscal Accounting Requirements...... ............ ................ ............ ......... ........................ .............10 19. Indemnification .................... ... ........... .......... ..... ......... ............... .......... ............................ ........ 11 20. Disputes ... ... ............. ................. ......... ............ .... .... ..... ........ ...... ............ .... ........... ....... .......... ...11 21. Workers' Compensation Insurance .........................................................................................13 22. General Provisions................... ......... ....... ................... ... ........... .......... .............. .............. ........ 13 23. Certifications & Compliance .... .......... .... ......... ................. ......... .... .... ...... ..................... .......... 15 AWARD # BBS - 02K - 168 TERMS AND CONDITIONS I. Grant Agreement This project is being funded with a grant from the California Energy Commission (Commission). Funding for this project was authorized by Senate Bill No. 84XX, Chapter 6, Statutes of 2001, and consists of funds from the Renewable Energy Loan Loss Reserve Fund. This Agreement is comprised of the grant funding award, the Terms and Conditions, and all attachments. These Terms and Conditions are standard requirements for grant awards. The Commission may impose additional special conditions in this grant Agreement which address the unique circumstances of this project. Special conditions that conflict with these standard provisions take precedence. The Recipient shall sign all six copies of this Agreement and return five signed packages to the Commission's Grants and Loans Office within 30 days. Failure to meet this requirement may result in the forfeiture of this award. When all required signatures are obtained, an executed copy will be returned to the Recipient. Commission-funded work cannot begin prior to the Agreement term date. This Agreement is not effective until it is signed by all parties. 2. Attachments and References The following are attached and hereby expressly incorporated into this Agreement. . Work Statement. . Budget. . Resolution of the Recipient or Local Jurisdiction Governing Body (if applicable). . Resolution of the California Energy Commission (if applicable). . Special Conditions The Office of Management and Budget (OMB) Circular identified below is incorporated by reference as part of this Agreement. These Terms and Conditions and any Special Conditions take precedence over the circulars and/or regulations. The OMB Circular is used to help guide the administration of the award when questions arise during the course of performance of the award. The Commission reserves the right to use as much or as little of each circular or regulation it deems necessary to administer the award in good faith and consistent with prudent fiscal management of public funds. OMB Circulars may be accessed on the OMB web site at www.whitehouse.gov/omb/circu1ars/index.htmlor by calling the Office of Administration, Publications Office, at (202) 395-7332. . OMB Circular A-87: Cost Principles for State, Local and Tribal Governments. BBS-T&C Non Fed Grant Boilerplate-rev.3-29..Q2 1 01/28/03 AWARD # BBS - 02K -168 3. Funding Limitations Any federal, state, and local laws and regulations applicable to your project not expressly listed in this Agreement are incorporated herein as part of this Agreement. 4. Due Diligence The Recipient is required to take timely actions which, taken collectively, move this project to completion. The Commission Project Manager will periodically evaluate the schedule for completion of Work Statement tasks. If the Commission Project Manager determines (1) the Recipient is not being diligent in completing the tasks in the Work Statement or (2) the time remaining in the funding award is insufficient to complete all project work tasks not later than the Agreement term date, the Project Manager may recommend to the Policy Committee of the Commission (Committee) that this Agreement be terminated, and the Committee may, without prejudice to any of its remedies, terminate this Agreement. 5. Products Products are defined as any tangible item specified in the Work Statement. Unless otherwise directed, draft copies of all products identified in the Work Statement shall be submitted to the Commission Project Manager for review and comment. The Recipient will submit an original and two copies of the final version of all products to the Commission Project Manager. 6. Reports a. Progress Reports The Recipient shall submit progress reports to the Commission Project Manager as indicated in the Special Conditions or Work Statement. At a minimum, each progress report shall include the following: Work Statement: This section should include a briefrestatement of the approved tasks in the Work Statement and a report on the status of each. Included should be a discussion of any products due and whether or not the project is progressing according to schedule. This section also should include a discussion of any problems encountered, proposed changes to the tasks in the Work Statement, and anticipated accomplishments in the upcoming quarter. Financial Status: This section should include a narrative report comparing costs to date with the approved Budget. The report should state whether or not the proj ect is progressing within the approved Budget and discuss any proposed changes. Additional Information: Additional information required in the progress reports may be specified in the Work Statement or Special Conditions. BBS-T&C Non Fed Grant Boilerp]ate~rev.3-29-02 2 01/28/03 AWARD #BBS - 02K- 168 b. Final Reports A draft final report shall be submitted to the Commission Project Manager no later than 60 days prior to the end of the Agreement term. At a minimum, the report shall include: . Table of Contents. . Abstract. . A brief summary of the objectives of the project and how these objectives were accomplished. . Any findings, conclusions, or recommendations for follow-up or ongoing activities that might result from the successful completion of the project. . A statement of future intent of the grant Recipient to maintain or further develop the project. . A Payment Request form for the final payment (including any retention). . Any additional information specified in the Work Statement or Special Conditions. The Commission Project Manager will review the draft report. The Recipient will incorporate applicable comments and submit the final report (the original and two copies) to the Commission Project Manager. Upon receipt of the final report, the Commission Project Manager shall ensure that all work has been satisfactorily completed. c. Rights in Reports The Commission reserves the right to use and reproduce all reports and data produced and delivered pursuant to this Agreement, and reserves the right to authorize others to use or reproduce such materials. Each report becomes the property of the Commission. d. Failure to Comply with Reporting Requirements Failure to comply with the reporting requirements contained in this award will be considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments, suspension or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 3 01/28103 AWARD # BBS - 02K -168 financial assistance awards, may also result in a debarment action to preclude future awards. 7. Legal Statement on Reports and Products No product or report produced as a result of work funded by this program shall be represented to be endorsed by the Commission, and all such products or reports shall include the following statement: LEGAL NOTICE This document was prepared as a result of work sponsored by the California Energy Commission. It does not necessarily represent the views of the Energy Commission, its employees, or the State of California. The Commission, the State of California, its employees, contractors, and subcontractors make no warranty, express or implied, and assume no legal liability for the infonnation in this document: nor does any party represent that the use of this infonnation will not infringe upon privately owned rights. 8. Amendments Changes to the Work Statement, changes to specific line items in the budget, or both, may be made under certain conditions. Such changes must not alter the original scope or purpose of the project or program as proposed in the grant application. Such changes must not appreciably affect the value of the project or program. Work Statement changes and/or cumulative transfers among budget line items that exceed 10 percent of the grant award require advance written approval of the Commission Project Manager and Grants and Loans Office. All requests must be submitted directly to the Commission Project Manager in writing and include a description of the proposed change, revised attachment(s), and the reasons for the change. If the change is approved, the affected sections of the Agreement will be amended and signed by the Commission Project Manager, Grants and Loans Office, and the Recipient's authorized representative. 9. Contracting and Procurement Procedures This section provides general requirements for an agreement between the Recipient and a third party ("subcontractor"). The Recipient is required, where feasible, to employ contracting and procurement practices that promote open competition for all goods and services needed to complete this project. Recipient shall obtain price quotes from an adequate number of sources for all subcontracts. Subcontracting criteria are specified in the applicable OMB Circulars and/or federal regulations incorporated by reference in this Agreement. The Commission will defer to the Recipient's own regulations and procedures as long as they reflect applicable state and local laws and regulations and are not in conflict with the minimum standards specified in this Agreement and any OMB Circulars and/or federal regulations incorporated by reference in this Agreement. BBS-T&C Non Fed Grant BoiJerplate-rev.3-29-02 4 01/28/03 AWARD#BBS-02K-168 Upon request, the Recipient must submit to the Commission Project Manager a copy of all solicitations for services or products required to carry out the terms of this Agreement, copies of the proposals or bids received, and copies of subcontracts executed. If a specific subcontractor was identified in the original grant application and the grant was evaluated based in part on this subcontractor's qualifications, then prior written approval from the Commission Project Manager is required before substituting a new subcontractor. The Recipient is responsible for handling all contractual and administrative issues arising out of or related to any subcontracts it enters into under this Agreement. All subcontracts must incorporate all of the following: . A clear and accurate description of the material, products, or services to be procured as well as a detailed budget and time1ine. . Provisions which - allow for administrative, contractual, or legal remedies in instances where subcontractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. . Provisions for termination by the Recipient including termination procedures and the basis for settlement. . Language conforming to the "Nondiscrimination" provision in this Agreement. . Any additional requirements specified in the OMB Circulars incorporated by reference in this Agreement. . The Standard of Performance provisions specified in this Agreement. . Audit provisions regarding record retention specified in this Agreement. . Language conforming to the "Indemnification" provision in this Agreement. . Language conforming to the "License" provision in this Agreement. Failure to comply with the above requirements may result in the termination of this Agreement. 10. Bonding and Insurance The Recipient will follow its own bonding and insurance requirements relating to bid guarantees, performance bonds, and payment bonds without regard to the dollar value of the subcontract(s) as long as they reflect applicable state and local laws and regulations and are not in conflict with the minimum standards specified in the OMB Circulars incorporated by reference in this Agreement. BBS-T&C Non Fed Grant Boilerplate-rev,3~29-02 5 01/28/03 AWARD #BBS - 02K-168 11. Permits and Clearances The Recipient is responsible for ensuring all necessary permits and environmental documents are prepared and clearances are obtained from the appropriate agencies. 12. Equipment Title to equipment acquired by the Recipient with grant funds shall vest in the Recipient. The Recipient shall use the equipment in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by grant funds and shall not encumber the property without Commission Project Manager approval. When no longer needed for the original project or program, the Recipient shall contact the Commission Project Manager for disposition instructions. Recipient should refer to the OMB Circulars and/or federal regulations incorporated by reference in this Agreement. 13. Termination This project may be terminated for any reason set forth below. a. With Cause ill the event of any breach by the Recipient of the conditions set forth in this Agreement, the Commission Policy Committee may, without prejudice to any of its legal remedies, terminate this Agreement for cause upon five (5) days written notice to the Recipient. b. Without Cause The Commission Policy Committee may, at its option, terminate this Agreement without cause in whole or in part, upon giving thirty (30) days advance notice in writing to the Recipient by certified mail, return receipt requested. In such event, the Recipient agrees to use all reasonable efforts to mitigate the Recipient's expenses and obligations hereunder. Also in such event, the Commission shall pay the Recipient for all satisfactory services work performed and expenses incurred within 30 days after such notice of termination which could not by reasonable efforts of the Recipient have been avoided, but not in excess of the maximum payable under this Agreement. 14. Travel and Per Diem For purposes of payment, Recipient's headquarters shall be considered the location of the Recipient's office where the employees assigned responsibilities for this award are permanently assigned. Travel expenditures not listed in this section cannot be reimbursed. BBS-T&C Non Fed Grant Boilerplate-rev.3-29..Q2 6 0]/28/03 AWARD # BBS - 02K - 168 Travel not listed in the Budget section of this Agreement shall require prior written authorization from the Commission Project Manager. Recipient shall be reimbursed for authorized travel and per diem up to, but not to exceed, the rates allowed nomepresented state employees. A copy of the current allowable reimbursement rates can be obtained by contacting the Commission's Grants and Loans Office at (916) 654-4381. Travel expense claims must detail expenses using the allowable rates, and Recipient must sign and date the travel expense claim before submitting the travel expense claim to the Commission for payment. Expenses must be listed by trip including dates and times of departure and return. Travel expense claims and supporting receipts and expense documentation shall be attached to the Recipient's Payment Request. A vehicle license number is required when claiming mileage, parking, or toll charges. Questions regarding allowable travel expenses or per diem should be addressed to the Commission Project Manager. 15. License The Commission shall be granted a no-cost, nonexclusive, nontransferable, irrevocable worldwide license to use or have practiced for or on behalf of the State of CalifoI]lia inventions developed hereunder and patents or patent applications derived from such inventions. Recipient must obtain agreements to effectuate this clause with all persons or entities obtaining ownership interest in the patented subject inventions. The Commission makes no claim to intellectual property that existed prior to this Agreement and was developed without Commission funding. If applicable, the Recipient gives notice that the items listed in the Intellectual Property attachment or exhibit have been developed without Commission funding and prior to the start of this Agreement. This list represents a brief description of the prior developed intellectual property. A detailed description of the intellectual property, as it exists on the effective date of this Agreement, may be necessary if Commission funds are used to further develop the listed intellectual property. This information will assist the parties to make an informed decision regarding intellectual property rights. The Commission shall be granted the no-cost use of the technical data first produced or specifically used in the performance of this Agreement. The Commission shall be granted a royalty-free nonexclusive, irrevocable, nontransferable worldwide license to produce, translate, publish, use and dispose of, and to authorize others to produce, translate, publish, use and dispose of all copyrightable material first produced or composed in the performance of this Agreement. BB$-T&C Non Fed Grant BoiJerplatc-rev.3-29-02 7 01/28/03 AWARD #BBS - 02K-168 16. Standard of Performance Recipient, its subcontractors and their employees, in the performance of Recipient's work under this award shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Recipient's field. Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re-performance of the work, as directed by Commission Project Manager, shall be borne in total by Recipient and not the Commission. The failure of a project to achieve the performance goals and objectives stated in the Work Statement is not a basis for requesting re-performance unless the work conducted by Recipient and/or its subcontractors is deemed by the Commission to have failed the foregoing standard of performance. In the event Recipient/subcontractor fails to perform in accordance with the above standard: (1) Recipient/subcontractor will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of the Commission Project Manager. Any work re-performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved. Recipient/subcontractor shall work any overtime required to meet the deadline for the task at no additional cost to the Commission; (2) The Commission shall provide a new schedule for the re-performance of any task pursuant to this paragraph in the event that re-performance of a task within the original time limitations is not feasible; and (3) The Commission shall have the option to direct Recipient/subcontractor not to re- perform any task which was not performed to the reasonable satisfaction of the Commission Project Manager pursuant to application of (1) and (2) above. In the event the Commission directs Recipient/subcontractor not to re-perform a task, the Commission and Recipient shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the Commission's right to reimbursement. Nothing contained in this section is intended to limit any of the rights or remedies which the Commission may have under Jaw. 17. Payment of Funds a. Payment Requests The Recipient may request payment from the Commission at any time during the term of this Agreement although it is preferred that payment requests be submitted with the progress reports. BBS-T&C Non Fed Grant Boilerplate.rev.3.29-02 8 01/28/03 AWARD # BBS - 02K - 168 Payments will generally be made on a reimbursement basis for Recipient expenditures, i.e., after the Recipient has paid for a service, product, supplies, or other approved budget item. No reimbursement for food or beverages shall be made other than allowable per diem charges. As a general rule, advance payments are not allowed. The Commission, at its sole discretion, may honor advance payment requests if warranted by compelling need. Advance payments shall only be made upon the satisfaction of conditions intended to protect grant funds from loss or misuse, including (1) depositing all advance payments into a separate interest -earning account; (2) reporting interest earned on advance payments to the Commission Project Manager; (3) the accounting of all advance payments within a timeframe specified by the Grants and Loans Office; (4) returning all unused advance payments and interest or portion thereof, within 60 days of the termination of this Agreement; and (5) other conditions as specified by the Grants and Loans Office. Funds in this award have a limited period in which they must be expended. All Recipient expenditures must occur prior to the end of the term of this Agreement. b. Documentation All payment requests must be submitted using a completed Payment Request form (Exhibit A). This form must be accompanied by an itemized list of all charges and copies of all receipts or invoices necessary to document these charges for both Commission and match share. Any payment request that is submitted without the itemization will not be authorized. If the itemization or documentation is incomplete, inadequate, or inaccurate, the Commission Project Manager will inform the Recipient and hold the invoice until all required information is received or corrected. Any penalties imposed on the Recipient by a subcontractor because of delays in payment will be paid by the Recipient. c. Release of Funds The Commission Project Manager will not process any payment request during the Agreement term until the following conditions have been met: . All required reports have been submitted and are satisfactory to the Commission Project Manager. . All applicable special conditions have been met. . All appropriate permits or permit waivers from govemmental agencies have been issued to the Recipient and copies have been received by the Commission Project Manager. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 9 01/28/03 AWARD # BBS - 02K - 168 . All products due have been submitted and are satisfactory to the Commission Project Manager. . Other prepayment conditions as may be required by the Commission Project Manager have been met. Such conditions will be specified in writing ahead of time, if possible. d. Retention It is the Commission's policy to retain 10 percent of any payment request or 10 percent of the total Commission award at the end of the project. After the project is complete the Recipient must submit a completed payment request form requesting release of the retention. The Commission Project Manager will review the project file and, when satisfied that the terms of the funding Agreement have been fulfilled, will authorize release of the retention. e. State Controller's Office Payments are made by the State Controller's Office. 18. Fiscal Accounting Requirements The Recipient shall review and comply with the administrative requirements outlined in the applicable sections of the OMB circulars and/or federal regulations incorporated as part of the funding Agreement. The OMB circulars and/or federal regulations are supplemented with the following requirements: a. Accounting and Financial Methods The Recipient shall establish a separate ledger account or fund for receipt and disbursement of Commission funds for each project funded by the Commission. Expenditure details must be maintained in accordance with the approved budget details using appropriate accounting practices. b. Retention of Records The Recipient shall retain all project records (including financial records, progress reports, and payment requests) for a minimum of three (3) years after the project has been formally concluded, or final payment received, whichever is later, unless otherwise specified in the funding Agreement. Records for nonexpendable personal property acquired with grant funds shall be retained for three years after its final disposition. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 10 01/28/03 AWARD#BBS-02K-168 c. Audits Upon written request from the Commission, the Recipient shall provide detailed documentation of all expenses at any time throughout the proj ect. In addition, the Recipient agrees to allow the Commission or any other agency of the state, upon written request, to have reasonable access to and the right of inspection of all records that pertain to the project during the term of this Agreement and for a period of three (3) years thereafter. Further, the Recipient agrees to incorporate an audit of this project within any scheduled audits, when specifically requested by the state. Recipient agrees to include a similar right to audit in any subcontract. Recipients are strongly encouraged to conduct annual audits in accordance with the single audit concept. The Recipient should provide two copies of the independent audit report and any resulting comments and correspondence to the Commission Project Manager within 30 days of the completion of such audits. d. Match or Cost Share (match) If the Budget includes match, the Recipient's commitment of resources, as described in this Agreement, is a required expenditure for receipt of Commission funds. Grant funds will be released only if the required match percentages are expended. The Recipient must maintain accounting records detailing the expenditure of the match (actual cash and in-kind services) and provide complete documentation of expenditures as described under "Payment of Funds." 19. Indemnification The Recipient agrees to indemnifY, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or resulting to Recipient and to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the Recipient in the performance of this Agreement. 20. Disputes In the event of a dispute or grievance between Recipient and the Commission regarding this Agreement, the following two-step procedure shall be followed by both parties. Recipient shall continue with responsibilities under this Agreement during any dispute. a. Commission Dispute Resolution The Recipient shall first discuss the problem informally with the Commission Project Manager. If the problem cannot be resolved at this stage, the Recipient must direct the grievance together with any evidence, in writing, to the Commission Grants and Loans Officer. The grievance must state the issues in the dispute, the BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 11 01128/03 AWARD # BBS - 02K - 168 legal authority or other basis for the Recipient's position and the remedy sought. The Commission Grants and Loans Officer and the Program Office Manager must make a determination on the problem within ten (10) working days after receipt of the written communication from the Recipient. The Grants and Loans Officer shall respond in writing to the Recipient, indicating a decision supported by reasons. Should the Recipient disagree with the Grants and Loans Officer decision, the Recipient may appeal to the second level. The Recipient must prepare a letter indicating why the Grants and Loans Officer's decision is unacceptable, attaching to it the Recipient's original statement of the dispute with supporting documents, along with a copy of the Grants and Loans Officer's response. This letter shall be sent to the Executive Director at the Commission within ten (10) working days from receipt of the Grants and Loans Officer's decision. The Executive Director or designee shall meet with the Recipient to review the issues raised. A written decision signed by the Executive Director or designee shall be returned to the Recipient within twenty (20) working days-of receipt of the Recipient's letter. The Executive Director may exercise the option of presenting the decision to the Commission at a business meeting. Should the Recipient disagree with the Executive Director's decision, th~Recipient may appeal to the Commission at a regularly scheduled business meeting. Recipient will be provided with the current procedures for placing the appeal on a Commission Business Meeting Agenda. b. Mutual Agreement for Arbitration Should the Commission's Dispute Resolution procedure described above fail to resolve a dispute or grievance to the satisfaction of the Recipient, either party may seek to have the dispute or grievance resolved through binding arbitration. Both parties must consent before submitting the dispute to arbitration. The arbitration proceeding shall take place in Sacramento County, California, and shall be govemed by the commercial arbitration rules of the American Arbitration Association (AAA) in effect on the date the arbitration is initiated. TIle dispute or grievance shall be resolved by one (1) arbitrator who is an expert in the particular field of the dispute or grievance. The arbitrator shall be selected in accordance with the aforementioned commercial arbitration rules. If arbitration is mutually decided by the parties, arbitration is in lieu of any court action and the decision rendered by the arbitrator shall be final (not appealable to a court through the civil process). However, judgement may be entered upon the arbitrator's decision and is enforceable in accordance with the applicable law in any court having jurisdiction over this Agreement. The demand for arbitration shall be made no later than six (6) months after the date of the termination of this Agreement, irrespective of when the dispute or grievance arose, and irrespective of the applicable statute of limitations for a suitbased on the dispute or grievance. BBS~T&C Non Fed Grant BoiJerplate-rcvJ-29.02 12 01/28/03 AWARD # BBS - 02K -168 The cost of arbitration shall be borne by the parties as follows: i) The AAA's administrative fees shall be borne equally by the parties; ii) The expense of a stenographer shall be borne by the party requesting a stenographic record; iii) Witness expenses for either side shall be paid by the party producing the witness; iv) Each party shall bear the cost of its own travel expenses; v) All other expenses shall be borne equally by the parties, unless the arbitrator apportions or assesses the expenses otherwise as part of his or her award. At the option of the parties, any or all of these arbitration costs may be deducted from any balance of Agreement funds. Both parties must agree, in writing, to utilize Agreement funds to pay for arbitration costs. If the parties do not mutually agree to binding arbitration, the sole forum to resolve the dispute is State court. 21. Workers' Compensation Insurance - a. Recipient hereby warrants that it carries Worker's Compensation Insurance for all of its employees who will be engaged in the performance of this Agreement, and agrees to furnish to the Commission Project Manager satisfactory evidence of this insurance at any time the Commission Project Manager may request. b. If Recipient is self-insured for worker's compensation, it hereby warrants such self- insurance is permissible under the laws of the State of California and agrees to furnish to the Commission Project Manager satisfactory evidence of this insurance at any time the Commission Project Manager may request. 22. General Provisions a. Governing Law It is hereby understood and agreed that this Agreement shall be governed by the laws of the State of California as to interpretation and perfornlance. b. Independent Capacity The Recipient, and the agents and employees of the Recipient, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 13 01/28/03 AWARD # BBS - 02K - 168 c. Assignment Without the written consent of the Commission in the form of a formal written amendment, this Agreement is not assignable or transferable by Recipient either in whole or in part. d. Timeliness Time is of the essence in this Agreement. e. Unenforceable Provision In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. f. Waiver No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and . construed as cumulative, that is, in addition to every other remedy provided therein or by law. g. Assurances The Commission reserves the right to seek further written assurances from the Recipient and its team that the work of the project under this Agreement will be performed consistent with the terms of the Agreement. h. Change in Business (1) Recipient shall promptly notify the Commission of the occurrence of each of the following: (a) A change of address. (b) A change in the business name or ownership. (c) The existence of any litigation or other legal proceeding affecting the project. (d) The occurrence of any casualty or other loss to project personnel, equipment or third parties of a type commonly covered by insurance. (e) Receipt of notice of any claim or potential claim against Recipient for patent, copyright, trademark, service mark and/or trade secret infringement that could affect the Commission's rights. BBS-T&C Non Fed Grant Boilerplate-rev.3.29-02 14 01/28/03 ,- AWARD # BBS - 02K - 168 (2) Recipient shall not change or reorganize the type of business entity under which it does business except upon prior written notification to the Commission. A change of business entity or name change requires an amendment assigning or novating the Agreement to the changed entity. In the event the Commission is not satisfied that the new entity can perform as the original Recipient, the Commission may terminate this Agreement as provided in the termination paragraph. 1. Survival of Terms It is understood and agreed that certain provisions shall survive the completion or termination date of this Agreement for any reason. The provisions include, but are not limited to: . "Payments of Funds" . "Equipment" . "Change in Business" . "Disputes" . "Termination" . "Audit" . "Indemnification" . "License" . "Fiscal Accounting Requirements" 23. Certifications & Compliance a. Federal, State & Local Laws Recipient shall comply with all applicable federal, state and local laws, rules and regulations. b. Nondiscrimination Statement of Compliance During the performance of this Agreement, Recipient and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family care leave. Recipient and its subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the BBS-T&C Non Fed Grant Boilerplate-rev.3.29-02 15 01/28/OJ AWARD # BBS - 02K - 168 California Code of Regulations are incorporated into this Agreement by reference and made a part of it as if set forth in full. Recipient and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. c. Drug Free Workplace Certification By signing this Agreement, the Recipient hereby certifies under penalty of peJjury under the laws of the State of California that the Recipient will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: i) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a). ii) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: . The dangers of drug abuse in the workplace; . The person's or organization's policy of maintaining a drug-free workplace; . Any available counseling, rehabilitation, and employee assistance programs; and . Penalties that may be imposed upon employees for drug abuse violations. iii) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project: . Will receive a copy of the company's drug-free policy statement; . Will agree to abide by the terms of the company's statement as a condition of employment on the project. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the Commission determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. BBS*T&C Non Fed Grant Boilerplate-rev.3-29*02 16 0\/28/03 AWARD # BBS - 02K - 168 d. Recycling Certification The Recipient shall certifY in writing under penalty of peljury, the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Recipient may certify that the product contains zero recycled content. e. Child Support Compliance Act (Applicable to California Employers) For any Agreement in excess of$100,000, the Recipient acknowledges that: i) It recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing_with section 5200) of Part 5 of Division 9 of the Family Code; and ii) To the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. f. Americans With Disabilities Act By signing this Agreement, Recipient assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA. g. Union Activity By signing this Agreement, the Recipient hereby certifies that Recipient will not use grant funds for any expenses to assist, promote, or deter union organizing. Any Recipient that makes expenditures to assist, promote, or deter union organizing shall maintain records sufficient to show that state funds have not been used for those expenditures. (Government Code Section 16645.2) BBS.T&C Non Fed Grant Boi1erplate-rev.3-29-02 17 01128/03 EXHIBIT A PAYMENT REQUEST FORM BBS-T&C Non Fed Grant Boilerplate.rev.3-29-02 18 AWARD #BBS - 02K- 168 01/28/03 STATE OF CALIFORNIA CALIFORNIA ENERGY COMMISSION FINANCIAL STATUS REPORT OR PAYMENT REQUEST Payment Request No.: Grant CEC 211-(a) (Rev. 1/01) Instructions are on the reverse Recipient Type of Request Amount of this Request (Name and Address) - Reimbursement _ Status Report Only $ Release Retention Period Covered by this Request Funding History Funds Requested to Date: $ to Funds Received to Date: $ Grant No. Recipient ID No. Approved Project Term Expenses to Date: $ Funds on Hand: $ Interest Earned to Date: $ . to ENERGY COMMISSION SHARE Expenses Expenses Obligations Remaining Line Item Budget this Period to Date Not Yet Paid Balance Personnel Fringe Benefits Travel Eauioment SUDolies Contractual Construction Other- Indirect TOTAL MATCH SHARE Expenses Expenses Obligations Remaining Line Item Budget this Period to Date Not Yet Paid Balance Personnel , Fringe Benefits Travel Eauioment Supplies Contractual Construction Other Indirect TOTAL GRAND TOTAL RECIPIENT CERTlFICA TlON ENERGY COMMISSION USE ONLY I-NS-\ I certify to the best of my knowledge and belief that this report is correct and complete and all Amount Authorized outlays and obligations are for the purposes set forth in the funding Agreement. No grant funds will be used to assist, nromote, or deter union or~anizinl!. Signature of Authorized Certifying Officer Date Retention Yes No - I Type or Print Name and Title Phone Fiscal Year i El\'ERGY COMMISSION APPROVALS Appropriation Code I Commission Project Manager Date ACCOUNTING OFFICE USE ONLY Commission Program Manager Date Retention Grants Office Date Amount Scheduled T & C -Form CEC 211a 19 July 2001 INSTRUCTIONS Payment Request No.: Begin with the number I on your fIrst payment request and consecutively number each subsequent payment request. The last payment request should include the notation, "Final." Recipient (Name and Complete Address): Same as "Recipient" on the Grant Agreement. Address should include the city, state, and zip code. Type of Request: Indicate if this is a "Reimbursement" or "Status Report Only." Be sure to provide backup documentation. If no funds are being requested, check "Status Report Only." Amount of this Request: This line shows the amount currently being requested. Indicate the amount being requested. Period Covered by this Report: The time period covered by this request. The first day of the period should be the day after the last day covered by your previous report. Example: 1/14/94 to 3/31/94. Grant No.: Same as "Grant Number" on the Grant Agreement. This is the eight digit code assigned by the Energy Commission (example 961-93-000). Recipient ID No.: This space is for an account number or other identifier that may be assigned by the Recipient (optional). Approved Project Term: This is the entire project period beginning with the date the project starts through the end date. This date should match the "Term" on the Grant Agreement unless you have received a term extension. Total Funds Requested to Date: Show the total of all funds requested from the Energy Conunission prior to this request. Funds Received to Date: Show the total amount of funds received from the Energy Commission prior to this request. "Funds Requested to Date" minus any retention withheld equals "Funds Received to date". Total Expenses to Date: Show the total expenses from the beginning of the project through and including the period covered by this report. This amount should be the same as the "Grand Total" expenses to date. Funds on Hand: This should be filled in only if you have received any advance funds from the Commission. If you have, show the balance of funds received. ("Funds Received to Date" minus "Expenses to Date" equals "Funds on Hand.") T & C -Fonn CEC 211a Interest Earned to Date: Show all interest earned on previously advanced funds. Line Items: The following budget categories apply to all expenditures invoiced. . Budget: Show by line item the budget as shown in the Grant Agreement. . Expenses this Period: Show by line item the actual payments made by the Recipient during the period covered by this report. . Expenses to Date: Show by line item the cumulative total of all expenses from the beginning of the project through and including the period covered by this report. . Obligations Not Yet Paid: Show by line item all funds obligated on purchase orders, contracts, etc. for which you have received an invoice but have not yet paid. . Remaining Balance: Show by line item the funds available for expenses or obligations. "Budget" minus "Expenses to Date" minus "Obligations Not Yet Paid" equals "Remaining Balance." Certification: Name, title and signature of authorized certifying official (usually the grant Recipient's project manager). Submit original and one copy to: California Energy Commission Accounting Office 1516 Ninth Street, MS # 2 Sacramento, CA 95814 20 Ju]y 200] BBS-02K-168 Battery Backup Systems Work Statement and Schedule New Installations: LED Traffic Intersections 1. Submit executed governing body resolution to the Energy Commission. Product: Due Date: Resolution Prior to any payments made by Energy Commission. 2. Release bid documents for materials and labor. Product: Due Date: A copy of the bid specifications for the system and cabinet. 120 calendar days after execution of grant agreement. 3. Select system vendor and/or contractor. Product: Due Date: A copy of the winning proposal. 30 calendar days after release of bid documents. 4. Prepare and sign an agreement with the vendor and/or contractor. Product: Due Date: A copy of the executed agreement. 30 calendar days after selection of the vendor and/or contractor. 5. Install the system and begin operation. Product: Due Date: Written notification of the installation and operation. 60 calendar days after signing agreement. 6. Prepare and submit quarterly progress reports in accordance with Section 6 of the grant terms and conditions. Product: Due Date: Quarterly progress reports. See "Schedule for Progress Reports and Final Report" below 7. Prepare and submit a final report in accordance with the requirements in Section 6 of the grant terms and conditions. In addition, the final report shall include a list of intersections where each BBS installed, the matching invoices for these intersections, the number of systems installed, and any problems that were encountered during the performance of this agreement. Product: Due Date: Final Report 30 days after the installation and operation of all systems authorized under this agreement. Work Statement for New Installations 1124/03 21 BBS-02K-168 Schedule for Progress Reports and Final Report Grant term: 1/221103 to 12131/03 orts are due: 1 st Quarter: 1/22/03-3/31/03 4/15/03 2nd Quarter: 4/1103-61301103 7/15/03 3rd Quarter: 7/1103-9/30103 10/15/03 4th Complete Project: 12131/03 Final Report iJue: 2/1/04 Due Date: Progress reports are due quarterly by the 15th of each month following the end of each calendar quarter during the ternl of this agreement. Work Statement for New Installations 1/24/03 22 BBS-02K-168 NEW SSS INSTAllATIONS ~ ill . l!lJllll!! '!;~!!i~i1l. HighlandlWaterman Av yes Rialto Av/Pepper Ave. MiII/MI. Vernon Av. Del Rosa/Highland Base LinelWaterman Waterman/Mill SI. MI. Vernon/Base Line Highland/MI. Vernon Palm Av/Highland Kendall/University University/North park 2ND/E STREETS Sterling/Highland Tippecanoe/SED Ave. Mill StJPepper Ave 9th/MI. Vernon 9TH/Waterman Av 5TH/Waterman Av. 3RDIWaterman Av. California/Base Line Date StJDel Rosa Av Base Line/Med. Center Base Line/ E SI. Highland Av/ E St Marshall Blvd/ E St SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO SBDO 23 BBS-02K-168 Battery Backup Systems for Traffic Control Budget - New Installations Recipient Name: City of San Bernardino Grant Award Number: BBS-02K-168 Commission Grant Recipient Co.S! Category Share* Match Share Total Cost Personnel $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 Equipment/Supplies** $66,500.00 $33,500.00 $100,000.00 25 X $4000 = $100000 Contractual $0.00 $0.00 $0.00 Construction $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Indirect $0.00 $0.00 $0.00 Total $66,500.00 $33,500.00 $100,000.00 * The Commission Grant Share under this agreement shall not exceed either the Commission Grant Award or 70% of the eligible costs, whichever is less. Should actual eligible costs be lower than estimated, the amount ofthe grant award may be reduced to meet these funding limitations. ** The costs under Equipment/Supplies includes only the cost ofthe BBS and cabinet, if applicable, and sales tax. It does not include any installation/labor cost. 24 BBS-02K-168 RESOLUTION NO: 03-0122-02 STATE OF CALIFORNIA STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION RESOLUTION - RE: Battery Backup System Grants WHEREAS, pursuant to Public Resources Code Sections 25403.8, the State Energy Resources Conservation and Development Commission (Energy Commission) is authorized to provide grants to local governments for battery backup systems for traffic signals using light emitting diodes; and WHEREAS, in order to be eligible for this grant, a local governmerit must meet the Battery Backup Program requirements contained in the grant application; and WHEREAS, the Energy Commission staff has reviewed all applications and has identified projepts that meet the program requirements; and THEREFORE BE IT RESOLVED, the Energy Commission approves the staff recommendations for grants to be awarded to local governments as indicated in Tables A and B; and: BE IT FURTHER RESOLVED, that the Energy Commission authorizes the Executive Director or his designee to consider and approve any requests from the recipients for any modifications, provided that, as modified, the project remains eligible for financial assistance and, as such, does not require any additional financial assistance. Dated: January 22,2003 STATE ENERGY RESOURCES CONSER V A TION AND DEVELOPMENT COMMISSION ~~ WILLIAM J KEESE Chairman 25 BBS-02K-168 TABLE A List of Applicants with Existing Installations City County Total Grant Number of LED Intersections Fully Functional Red Flash Only City of San Joaquin $ 21 ,733 20 Lodi City of Sacramento $ 15,761 14 Citrus Heiahts . City of Merced $ 5,250 5 Atwater City of Los Angeles $ 2,400 2 Claremont City of Solano $ 23,711 55 FairfielcL - - City of Santa Barbara $ 8,400 7 Lomooc County of EI Dorado $ 4,453 3 EI Dorado - Totals $ 81,708 46 60 26 I . BBS-02K-168 TABLE B List of Applicants for New Installations Number of LED City County Total Grant Intersections Fully Red Functional Flash-Onlv City of Corona Riverside $ 3,280 9 City of San Bruno San Mateo $ 27,440 10 City of Whitter Los Anaeles $ 148,820 28 26 City of Cathedral City Riverside $ 25,200 9 City of Eureka Humboldt $ 70,000 25 City of West Hollywood Los Anaeles $ 18,824 8 City of Rialto San Bernardino $ 103,530 38 City of Torrance Los Anaeles $ 82,880 37 City of San Buenaventura Ventura $ 46,900 19 City of Carson Los Anaeles $ 305,200 109 City of Newark Alameda $ 30,520 12 City of San Mateo San Mateo $ 37,380 15 City of Santa Cruz Santa Cruz $ 40,320 16 City of Elk Grove Sacramento $ 33,600 12 City of Madera Madera $ 25,200 6 City of Thousand Oaks - Ventura $ 127,680 57 -- Town of Yucca Valley San Bernardino $ 11,200 4 City of Arcadia Los Anaeles $ 24,500 10 City of Santa Maria Santa Barbara $ 68,495 34 City of Alameda Alameda $ 64,400 23 City of Beverly Hills Los Anaeles $ 39,900 15 City of Brisbane San Mateo $ 4,060 2 City of Citrus Heiahts Sacramento $ 66,500 25 City of Glendale Los Anaeles $ 260,400 93 City of Lancaster Los Anaeles $ 73,500 30 City of Menlo Park San Mateo $ 6,496 4 City of Mountain View Santa Clara $ 156,940 59 City of Novato Marin $ 39,900 15 City of Oakland Alameda $ 22,400 9 City of Ontario San Bernardino $ 22,050 9 City of Palmdale Los Anaeles $ 17,150 7 City of Petaluma Sonoma $ 78,400 28 City of Redondo Beach Los Anoeles $ 42,000 15 City of San Bernardino San Bernardino $ 66,500 25 City of San Carlos San Mateo $ 45,220 17 City of Seal Beach Oranae $ 31,850 13 City of Victorville San Bernardino $ 18,896 17 Town of Loomis Placer $ 4,060 2 City of Buena Park Oranae $ 71,820 27 City of San Luis Obispo San Luis Obispo $ 15,120 6 City of Benicia Solano $ 19,600 8 City of Oinuba Tulare $ 4,760 2 City of Pacific Grove Monterev $ 8,000 2 City of Sunnyvale Santa Clara $ 67,200 24 27 BBS-02K-168 Number of LED Intersections City of Claremont Los Anaeles $ 8,400 3 City of Fremont Santa Clara $ 47,600 17 City of Merced $ 28,000 10 City of Monterey Monterey $ 28,000 10 City of Moreno Vallev Riverside $ 58,800 24 City of Pittsbura Contra Costa $ 25,480 11 City of Placentia Oranqe $ 15,680 7 City of Rancho Palos Verde Los Anaeles $ 33,600 12 City of Tustin Oranae $ 41,650 17 City of Yucaipa San Bernardino $ 26,600 10 City of Millbrae San Mateo $ 19,600 7 Totals $ 2,811,501 891 198 28 1___' I 1 2 3 4 5 6 7 BBS-02K-168 RESOLUTION NO. 2002-379 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE APPLICATION FOR $66,500 IN MATCHING GRANT FUNDS FROM THE CALIFORNIA ENERGY COMMISSION TO INSTALL BATTERY BACKUP SYSTEMS AT TWENTY-FIVE SIGNALIZED INTERSECTIONS CITY-WIDE WHEREAS, pursuant to Public Resources Code Section 25403.8, the State Energy Resources Conservation and Development Commission (Energy Commission) is authorized to provide grants to city, county or city and county governments for battery backup systems for 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 traffic signals; WHEREAS, in order to be eligible for funding, the battery backup systems must be used in conjunction with light emitting diode traffic signals; NOW, THEREFORE BE IT RESOLVED that the Mayor and Common Council of the City of San Bernardino hereby: 1. Approves the filing of the grant application by the Department of Development Services for funding from the California Energy Commission for battery backup systems operating with light emitting diode traffic signals; 2. That if recommended for funding by the California Energy Commission, the Mayor and Common Council authorizes Development Services to accept a grant up to $66.500 which is the amountof the Grant requested. 3. Appoints the Deputy DirectorlCity Engineer as the agent of the City of San Bernardino to execute on behalf of the City of San Bernardino all necessary documents and to take all actions necessary to implement this Resolution. III III 29 2002-379 BBS-02K-168 RESOLUTlON...FOR APPROVING THE APPLICATION FOR $66,500 IN MATCHING GRANT FUNDS FROM THE CALIFORNIA ENERGY COMMISSION TO INSTALL 2 BATTERY BACKUP SYSTEMS AT TWENTY-FIVE SIGNALIZED INTERSECTIONS CITY-WIDE. 1 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 it. regular meeting thereof, held on 6 the 2nd day of December ,2002, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~ ~,C&.L Racli I G. Clark, City Clerk 18 The 19 2002. 20 21 foregoing resolution is hereby approved this //-11' day of /, /, /'. / Ie"' LA"L../L-/:><-- December 22 Approved as to 23 Form and legal content: 24 JAMES F. PENMAN, City Attorney 25 " 26 I , By: . " (;~'/ 1 27 J 28 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BBS-02K-168 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) . ) ) I, RACHEL G. CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of San Bernardino City Resolution No. 2002-379 is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Bernardino this 5th day of December, 2002. K 0,(' ~L.i /i (/ ffllj.<S Rachel G. Clark, City Clerk ! 7t ." Ii / -(/ /c t;.f" [i'-. OVC::{0- By: Michelle Taylor, rtiputy City Clerk 31 BBS-02K-168 Special Conditions Battery Backup Systems (BBS) Installations: LED Traffic Intersections 1. Resolution The recipient must provide to the Energy Commission (Commission) a signed resolution (or signed certified copy of same) authorizing acceptance of this agreement. The resolution shall also designate the person by title who is authorized and empowered to execute in the name of the agency all contracts, agreements, and amendments necessary to implement and carry out the project as defined by this agreement. This resolution must be submitted to the Energy Commission before any payments are made to the agency for work authorized under this agreement. 2. Products The Commission project manager must receive 2 copies of the required products as indicated in the Work Statement, Exhibit C-2. The Commission project manager may contact the recipient, as needed, to get clarification or request additional information on any product. Electronic copies may be acceptable for certain documents that do not require an original signature. The Commission project manager shall determine if the documents are acceptable for electronic transmittal. 3. Payment of Funds a. Conditions for Grant Payment: The Commission will provide grants to supplement the cost of purchasing BBS for LED traffic signal intersections as described in Section 15 of the Grant Application. The Commission will authorize progress payments for the BBS that have been installed and are operational. Prior to payment, the Commission reserves the right to: 1) A pre- and post inspection; 2) Verify that all the projects have been installed and are operational; 3) Verify that each installed system correlates with the intersections indicated in the grant award; 4) Verify that the specifications for each installed system correlates with the specifications contained in Appendix B of the grant application; 5) Verify that the Commission grant is not used to supplement the cost of a project already funded by an IOU; 6) Verify that the Commission grant incentive does not include labor for these BBS installations as described in Section 15 of the Grant Application. Special Conditions 32 BBS-02K-168 b. Situations for Denial of a Payment Request: Grant payments, either in whole or in part, will not be made in the event of any of the following: 1) The equipment purchased does not meet the requirements specified in Appendix B of the Grant Application. 2) The recipient fails to provide the required documentation. This documentation includes, but is not limited to, the requirements listed in grant agreement. 3) The recipient requests reimbursement for labor. 4) A random audit or technical analysis conducted by the Commission or its' designated representatives determines that the installed project does not meet the terms and conditions of the grant agreement. 33 BBS-02K-168 B. Battery Backup Systems Specifications for New Installations (Not yet installed) 1) A system for a fully functional BBS shall operate the entire LED-only intersection (700W/1000VA active output capacity, with 80% minimum inverter efficiency) for a period of at least two hours and run an additional two hours on Red Flash only. 2) Battery systems will back up an intersection for a minimum of four hours and then be fully recharged and prepared for another two hours of operation within twenty- four hours. 3) Maximum transfer time due power outage shall be 150 milliseconds. 4) Batteries shall be certified (by the manufacturer) to operate normally in harsh conditions -25 degrees c to +74 degrees c and 20% to 95% humidity. 5) Battery output voltage shall be 110 V AC and 125 V AC, pure sine wave output, ~3% THO, 60Hz:,: 5Hz. 6) BBS shall bypass the utility line power whenever the utility line voltage is outside the following voltage range: 100 VAC to 130 VAC (:I: 2 VAC). 7) BBS shall be equipped to prevent a malfunction feedback to the cabinet or from feeding back to the utility service. 8) Batteries shall be provided with appropriate interconnect wiring and corrosion- resistant mounting trays and/or brackets appropriate for the cabinet into which they will be installed. 9) Battery interconnect wiring shall be via modular harness. Batteries shall be shipped with positive and negative terminals pre-wired with red and black cabling that terminates into a typical power-pole style connector. Harness shall be equipped with mating power-pole style connectors for batteries and a single, insulated plug-in style connection to inverter/charger unit. Harness shall allow batteries to be quickly and easily connected in any order and shall be keyed and wired to insure proper polarity and circuit configuration. Battery terminals shall be covered and insulated so as to prevent accidental shorting. 10) Batteries shall be warranted for a full replacement for two (2) years from the date of purchase. 11) Batteries stored in an external cabinet may be attached to the controller or a stand- alone, pad-mount, outdoor (NEMA 3R) enclosure 5hallli17 availalill7 5hnlllrJ thBm be inadequate room in the signal cabinet or should the consulting/traffic engineer prefer independent, external mounting. The external battery cabinet shall have a 34 Battery Backup System Installation (09/11/02) '. BBS-02K-168 door opening to the entire cabinet and enclosed bottom with insect proof weep- hole. The door shall be attached to the cabinet through the use of a continuous steel piano hinge. The door shall use a padlock clasp in order to lock the door. The weatherproof enclosure shall be 12" wide x goo deep x 36" - 54" high (taller if UPS controls are installed with the batteries in the external cabinet). Batteries shall be mounted on individual shelves. External battery cabinets that are mounted to the existing Control Cabinets shall be mounted with a minimum of eight bolts. External cabinets shall be ventilated through the use of louvered vents, filters, and thermostatically controlled fan (s). Battery Backup System Installation (09/11/02) 35