HomeMy WebLinkAbout1993-214
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RESOLUTION 93-214
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA TO
3 IMPLEMENT A COMPRESSED NATURAL GAS FUELED VEHICLE PROJECT.
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WHEREAS, AQMD Rule 1501 requires the City to reduce vehicle trips by its
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employees; and,
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8 pooling program; and,
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WHEREAS, the City desires to further its trip reduction program by implementing a van
WHEREAS, the State of California, pursuant to federal guidelines, has enacted a
10 program to provide funds for the purpose of implementing programs to reduce air pollution from
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motor vehicles, including the purchase of compressed natural gas ("CNG") fueled vehicles; and,
WHEREAS, the City desires to transition its fleet to alternative fuel vehicles; and,
WHEREAS, the City is eligible to receive federal funding via Caltrans to purchase CNG
fueled vehicles,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
City a Cooperative Agreement with the State of California, under the State's Alternative Fuels
and Vehicles Program, a copy of which is attached hereto and incorporated herein, marked
Exhibit "A".
SECTION 2. The above-referenced Agreement may only be amended by action of the
Mayor and Common Council.
SECTION 3. The authorization to execute the above-referenced Agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
RES 93-214
1 RESOLUTION...AUTIlORIZING TIlE EXECUTION OF AN AGREEMENT WITH
THE STATE OF CALIFORNIA TO IMPLEMENT A COMPRESSED NATURAL GAS
2 FUELED VEHICLE PROJECT.
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4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a reaular meeting thereon, held on the
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6th
day of
July , 1993, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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a Mc~ ~u<-',-J.
City Clerk
The foregoing resolution is hereby approved this 7th day
20 of July, 1993.
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OM MINOR, Mayor
City of San Bernardino
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23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
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08-SBd- V a1ious
Alternative Fuels and Vehicles Program
08800.99517i!'l
District Agreement No. 08.847
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COOPERATIVE AGREEMENT
This AGREEMENT entered into on is between the
STATE OF CALIFORNIA, acting by and throu hits epaItment of Transportation. refelTed to
herein as "STATE", and
CITY OF SAN BERNARDINO, a body politic and a municipal corporation
of the State of California, referred to herein as "CITY".
RECITALS
(1) STATE has undeltaken an extensive Compressed Natural Gas (CNG) Fueled Vehicle
Project to implement a number of transportation management sb'ategies aimed at reducing traffic
congestion while improving mobility, safety, air quality and energy efficiency in a cost-effective
manner and will provide funds for the purpose of implementing and monitoring project to reduce
air pollution from motor vehicles.
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(2) STATE contemplates augmenting a Compressed Natural Gas (CNG) Fueled Vehicle
Project by suppOlting effOlts which focus on the InterstatelO/State Route 60 and Interstate IS/State
Route 215 conidors in San Bemardino County, refelTed to herein as "PROJECT', and is willing
to deposit with CITY a fixed lump sum, refelTed to herein as "FUNDS", to be used for the
purpose of purchasing natural gas vehicles,
(3) ST ATE contemplates studying and monitoring PROJECT for purposes of statewide
application of ridesharing and utilizing clean fueled motOlized vehicles.
(4) This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to
PROJECT.
(5) The parties hereto desire to define herein the tenTIS and conditions under which said
PROJECT will be developed, financed, and implemented.
SECTION I
CITY AGREES:
(1) To implement PROJECT in accordaIlCe with the Compressed Natural Gas (CNG) Fueled
Vehicle Project described in APPENDIX A, attached and made patt of this Agreement.
(2) To bill STATE within thirty (30) days for FUNDS after full execution of this Agreement.
(3) To purchase by October 1, 1993, a minimum of two (2) dedicated CNG original equipment
manufactured commuter vans.
RES 93-214
Disnict Agreement No. 08-847
(4) To provide STATE monthly progress repOlts after the receipt of FUNDS by the 15th of
each month through January 1994, and annual progress repOlts through December 31, 1997,
These reports will include effolts expended and underway, and related expenses during the current
repOlting period. These repOlts also will include the PROJECT effectiveness in reducing commuter
nips, all maintenance and repair records, major fuel.related problems and issues and
recommendations for future natural gas vehicle efforts within CITY.
(5) To provide STATE, no later than November I, 1993, with detailed statement of final
accounting of all expenditure of FUNDS provided under this Agreement. Any FUNDS not
expended will be returned to STATE by December I, 1993. Should CITY qualify for CNG
vehicle purchase rebates or credits from a third party, those funds or credits will be applied to the
purchase Plice to reduce the matching shares of both CITY and STATE.
(6) To assume ownership and liability responsibilites for all vehicles, and to maintain all
vehicles at CITY's own cost and expense, and make no claims against STATE for any portion of
such expenses.
(7) To notify STATE in writing thirty (30) days plior to terminating PROJECT before the date
of December 31, 1997, and to provide a repOlt explaining all reasons for telmination. Any amount
of the STATE's deposit not spent will be returned within thirty (30) days from date of notification
to STATE.
(8) If CITY telminates PROJECT after vehicles are purchased but before the date of December
31,1997, CITY will reimburse STATE for STATE's 100 percent share of the vanpool vehicles at
the CUlTent wholesale value or deliver to STATE the legal title to vehicles acquired under this
Agreement free and clear of all encumberances detrimental to STATE's present and future uses.
Acceptance of said title by STATE is subject to a review in STATE's name to be provided and paid
for by CITY.
(9) Upon the PROJECT tennination date of December 31, 1997, CITY will retain legal title to
vehicles,
SECTION II
STATE AGREES:
(1) To implement PROJECT in accordance with the Compressed Natural Gas (CNG) Fueled
Vehicle Project desclibed in APPENDIX A, attached and made patt of this Agreement.
(2) To deposit with CITY, within thirty (30) days of ST ATE's receipt of billing from CITY the
amount of $25,100, which figure represents the fixed lump sum of FUNDS available to fund
PROJECT,
SECTION III
IT IS MUTUALLY AGREED:
(1) All obligations of STATE under the tenns of this Agreement are contingent upon the
appropriation of resources by Legislature.
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RES' 93-214
District Agreement No. 08-847
(2) The pmties hereto will carry out PROJECT in accordance with APPENDIX A, attached
and made pan of this Agreement, which outlines the responsibilities of the panies hereto. The
attached APPENDIX A may in the future be modified in writing to reflect changes in the
responsibilities of the respective pUl1ies. Such modifications shall be concUlTed with by the
CITY's representative and STATE's District Director for District 8 and become pat1 of this
Agreement, after execution by the respective officials of the pal1ies, as an amendment to this
Agreement.
(3) Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully
defend. indemnify and save harmless the State of California, officers and employees from all
claims, suits or actions of every name, kind and description brought for or on account of injury (as
defined in Government Code Section 810.8), occuning by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority or jurisdiction delegated to
CITY under this Agreement.
(4) Neither CITY nor any officer or employee thereof is responsible for any damage or liability
occuring by reason of anything done or omitted to be done by STATE under or in connection with
any work, authOlity or jurisdiction delegated to STATE under this Agreement. It is understood
and agreed upon that, pursuant to Government Code Section 895.4, STATE shall fully defend,
indemnify and save hmmless the CITY from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government Code Section 810.8)
occurring by reason of anything negligently done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction delegated to STATE under this Agreement.
(5) No alteration or variation of the tenl1S of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
herein shall be binding on any of the panies hereto.
(6) Operation of vanpools by CITY using vans purchased with FUNDS will conform to the
purpose of APPENDIX A and federal and state vanpool guidelines.
(7) CITY and STATE will retain or cause to be retained and will make available for audit or
copying by CITY, STATE or other government auditors for a period of three (3) years from date
of termination of this Agreement, by wlitten notice or tennination of this Agreement by final annual
report due December 31, 1997, all records and accounts relating to PROJECT.
(8) The Contract Cost Principles and Procedures, 48 CFR, Chapter I, Part 31, and 49 CFR,
Part 18. UnifOlm Administrative Requirements for Grants-in-Aid to State and Local Govemments
are applicable to this Agreement.
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RES 93-214
Disuict Agreement No. 08.847
(9) Unless earlier telminated by written notice. this Agreement shall telminate upon receipt and
acceptance by STATE of final annual repol1 due December 31, 1997 for PROJECf,
STATE OF CALIFORNIA
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
By~k
KEN STEELE, District Director
CITY OF SAN BERNARDINO
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By ? tM1.. /~
Mayor
Attest: .qtt.~Ju.t (l.f..-tL'~_
APPROV. AS TO FORM AND PROCEDURE:
APPROVED AS TO FORM
i' ~W LEGAL CONTENT,
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;' ,.;"lSS F. P2r.man,
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Attorney, Department of Transportatl
CERTIFIED AS TO FUNDS AND PROCEDURE:
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District Accounting Administrator
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RES 93"-214
District Agreement No. 08.847
APPENDIX A
WORK PLAN FOR THE CITY OF SAN BERNARDINO
COMPRESSED NATURAL GAS FUELED VEHICLE PROJECT
OPENING STATEMENT
The following document summarizes a proposed work plan for the demonsu-ation of City of
San Bernardino Compressed Natural Gas (CNG) Fueled Vehicle Project.
The stIucture of the proposal contains the goals, objectives and requirements.
GOAL
PROJECT is to promote the use of cleaner fueled commuter rideshare vehicles as a traffic demand
management strategy while working toward meeting federal and state energy goals and air quality
standards. The commitment to purchase and operate these CNG vehicles in the City of San
Bemardino is essential to maintaining a high volume CNG fueling station.
OBJECTIVE
PROJECT is to purchase by October I, 1993, a minimum of one (I) dedicated CNG commuter
van, original equipment manufactured for the City of San Bernardino with FUNDS. This will be
matched by vehicle(s) using a minimum of ten (10) equivalent gallons of CNG fuel daily,
pw'chased by June 30, 1995. CITY match will be contingent upon availability of local funds for
vehicle purchases.
REOUIREMENTS- VANS
The cost of acquiring a vanpool vehicle is eligible under the following conditions:
The vanpool vehicle is a four-wheeled vehicle manufactured for use on public
highways for transportation 01'7.15 passengers (excluding passenger cars which do
not meet the 7.15 passenger criteria and buses): and
Provision is made for repayment of the acquisition cost to the project within the
passenger-service life of the vehicle. Repayment may be accomplished through the
charging of a reasonable user fee based on an estimated number of riders per
vehicle and the cost of reasonable vehicle depreciation, operation, and maintenance.
Repayment is not required under the following conditions:
When vehicles are purchased as demonstrator vans for use as a marketing device. Vehicles
procured for this purpose should be used to promote the vanpool concept among
employees, employers. and other groups by allowing potential riders and sponsors to
examine commuter vans; or
When vehicles are purchased for use on a trial commuting basis to enable people to
expelience vanpooling first hand. The trial period must be limited to a maximum of
two months. That pmt of the user fee nonnally collected to cover the capital or ownership
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RES 93-214
District Agreement No. 08.847
cost of the van would be eligible for reimbursement as a promotional cost during the limited
trial period. As with established vanpool service. all vehicle operating costs must be borne
by the user(s) during the trial period.
PROJECT BUDGET
Estimated contributions:
STATE
$25.100
CITY $50.000
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