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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date December 18, 2003
Subject: Resolution of the Mayor
and Common Council of the City of San
Bernardino endorsing application under
the Mobile Source Air Pollution Reduction
Review Committee by 2003-04 Local
Government Match Program
From: Lynn Merrill, Director
Dept: Public Services
OR\G\N~l
Meeting Date: January 5, 2004
Recommended Motion:
Adopt resolution
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Signature
Contact person Lynn Merrill, Director
Phone:
5140
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Total Project: $214,941
Grant FundsJ 80,000
$134,941
$62,434
527-412-5701 and 527-413-5701
Refuse Funds
$19,862
132-431-5704
Sewer Line Maintenance Fund
$52,645
635-341-5701
Motor Vehicles
Finance:
Council Notes:
Ko:P -:l!2004- 'J--
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Agenda Item No. / ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino endorsing
application under the Mobile Source Air Pollution Reduction Review Committee by 2003-
2004 Local Government Match Program
Background:
The Public Services Department is requesting authorization to submit the attached grant
application for the Mobile Source Reduction Committee (MSRC) Local Government
Match Program Grant. The purpose of this grant is to provide funds to local jurisdictions
to assist in the purchase of alternative fuel vehicles. The total project amount is
$214,941.13 for the purchase of eight vehicles; the grant funds will provide $80,000
towards this purchase.
The MSRC Local Government Match Program has a maximum allowable amount of
$10,000 per vehicle. The City has identified eight vehicles that meet the City's criteria
for vehicle replacement. The City is proposing to purchase six, F-150 Ford Pick-ups;
one E-350 Cargo Van and one E-350- Passenger Van. Four of the pick-up trucks will
be used to replace existing Refuse Supervisor pick-ups, one will replace a Parks and
Recreation vehicle and one will replace a Facilities vehicle. The Cargo Van will be used
for the new Sewer Line Camera Inspection Van, and the Passenger Van will be used to
replace the existing Crime Prevention van. Funds for the Refuse Vehicles and Sewer
Division vehicles are available in the respective Enterprise Fund budgets; the remaining
three vehicles would be funded from the respective Departments current vehicle
replacement budgets.
Due to the specialized nature of alternative fueled vehicles, if the grant is awarded to
the City, staff will seek bids from vehicle dealers who are certified to sell these types of
vehicles. Staff has recently purchased two medium duty diesel vehicles for the Refuse
Division and to comply with the South Coast Air Quality Management District Rule 1191,
"Clean On-road Light and Medium Duty Public Fleet Vehicles" we are required to
purchase eight "Super Ultra-low Emission Vehicles" (SULEV) to offset the purchase of
these two vehicles. Ford Motor Company is the only auto maker that produces certified
SULEV pick-ups and vans at this time.
If the City is successful in obtaining the grant, the City retains the right to reject the grant
after award and that staff would prepare and submit a separate agenda item authorizing
purchase of these vehicles at a later date.
This grant was reviewed and authorized by the Special Grants Ad Hoc Committee on
December 17, 2003. A resolution must be included in the grant application at the time
of submission on January 13, 2004 in order for the grant to be considered.
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Financial Impact:
The total cost for purchase of these eight vehicles is $214,941. The grant funds would
provide up to $10,000 for each vehicles.
REFUSE FUND - The purchase of the four trucks for Refuse would be $102,434; the
grant funds would provide $40,000 towards these purchases with the remaining
$62,434 being paid from the Refuse Fund. Funds for vehicle replacement in the
amount of $240,000 were included in the Refuse Division budget under Accounts 527-
412-5701 and 527-413-5701.
SEWER FUND - Funds in the amount of $425,000 were included in the Sewer Line
Maintenance Budget under account 132-431-5704 including $75,000 for the purchase
of the Sewer Line Camera van. The estimated cost of the van would be $29,862; the
grant funds would provide $10,000 towards this purchase with the remaining $19,862
being paid from the Sewer Line Maintenance Fund, Account No. 132-431-5704.
GENERAL FUND - Funds for the purchase of the two pick-up trucks and one
passenger van were included in the FY03-04 Vehicle Replacement Schedule and funds
in the amount of $602,900 were included in the Fleet Division Account 635-341-5701
account. The estimated cost for these three vehicles is $82,645; the grant funds would
provide $30,000 towards the purchase with the remaining $52,645 being paid from the
Fleet Division Vehicle Replacement Account No. 635-341-5701.
Recommendation:
Adopt resolution
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RESOLUTIO~.Q..19>1r
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ENDORSING APPLICATION UNDER THE MOBILE SOURCE
AIR POLLUTION REDUCTION REVIEW COMMITTEE BY 2003-04 LOCAL
GOVERNMENT MATCH PROGRAM
WHEREAS, the City of San Bernardino desires to share in regional goals of
cleaner air and recognizes the value that clean air has in benefiting the health of San
Bernardino's citizens, attracting businesses, and improving the quality of life in San
Bernardino: and
WHEREAS, the City of San Bernardino receives AB 2766 funds that are partially
designated for clean air projects: and
WHEREAS, several medium and heavy duty vehicles are needed by the City of
San Bernardino in the near future by the Public Services Department; and
WHEREAS, the Mobile Source Air Pollution Reduction Review Committee
(MSRC) has provided an opportunity to enhance the use of San Bernardino's AB 2766
funds through it's FY2003-04 Local Government Match Program,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Council does fully support the use of CNG powered
vehicles as demonstration of the City's commitment to clean air.
SECTION 2. The City's staff is authorized to submit an application, with
attachments, for MSRC funding on behalf of the City of San Bernardino under the FY
2003 - 04 Local Government Match Program.
11111
11111
11111
December 22. 2003
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ENDORSING APPLICATION UNDER THE MOBILE SOURCE
AIR POLLUTION REDUCTION REVIEW COMMITTEE BY 2003-04 LOCAL
GOVERNMENT MATCH PROGRAM
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2004, by the
following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Council Members:
ESTRADA
LONGVILLE
MCGINNIS
DERRY
14 SUAREZ
15 ANDERSON
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MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2004.
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F.
City Att n
By:
December 22, 2003
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FY03104 MSRC Discretionary Fund
:'ocaf Government Match Program
EXHIBIT A
APPLICANT INFORMATION
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
(Return this page as part of your Match Program application)
A. Please provide the following applicant information in the space provided.
Applicant Name:
Address:
Citv of San Bernardino
182 S. Sierra Wav
San Bernardino. CA
Don Johnson
Title: Fleet Manaaer
Fax #: (909) 384.
Contact Person:
Telephone Number:
5013
(909) 384-5220
E-Mail Address:
johnson _ do@ci.san-bemardino.ca.us
B. Please answer the following questions:
YES
1. Are you submitting a Joint Application with other Cities/Counties?
2. If "Ves", are you authorized to act of behalf of all participants?
CJ
CJ
3. If "Ves", please provide the names of all other project participants.
Please designate if the other participants are public agencies or
private entities:
Public
a)
b)
c)
d)
CJ
CJ
CJ
CJ
NO
!XI
CJ
Private
CJ
CJ
CJ
CJ
YES NO
4. If you answered "Ves"to questions 1 and 2, above, have you
attached a letter from each entity designating a lead agency and
authorizing that agency to act on behalf of the other participants?
CJ
CJ
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FY03104 MSRC Discretionary Fund
Lo~o/ Government Match Program
EXHIBIT B
PROJECT DESCRIPTlONISTATEMENT OF WORK
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
(Return this page as part of your Match Program application only if you are applying for
alternative fuel vehicle match funding)
A. PROJECT DESCRIPTION: Describe the proposed alternative-fuel vehicle purchase(s). For each
vehicle to be purchased, please provide the following information, at a minimum: a) vehicle
manufacturer and model; b) fuel type; c) engine manufacturer, model number or engine family series.
and horsepower; d) gross vehicle weight; and e) primary localion(s) for vehicle fueling. (Attach extra
sheets as necessary).
The City of San Bernardino intends to purchase from Ford (8) CNG dedicated vehicles including (6) F-
150 pickups and (2) CNG E-350 Vans for use as service trucks and vans for the City. These OEM
vehicles with the same dedicated CNG V-8 ULEV engines as used in its 0/. ton pickup and van series
vehicles for the last several years will be used by City of San Bernardino as service vehicles within the
City. The gross vehicle weight of these vehicles is 7,700 Ibs for the pickups and 8,000 Ibs for the vans.
The vehicles will be housed and refueled over night at our corporate yard located on W. Sierra Way in the
City of San Bernardino with our new CNG station. The vehicles will be operated by the City directly. The
refueling of the natural gas vehicles will be either overnight on a time-filled arrangement via a dual
compressor CNG station or via a fast fill dispenser that will complement the time fill system.
1. Do all vehicles satisfy the requirements specified in Section I.E.2?
2. Total Number of Medium Duty Vehicles: 8
3. Total Number of Heavy Duty Vehicles: 0
YES
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NO
D
FYOJI04 MSRC Discretionary Fund
Locu/ Government Match Program
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EXHIBIT C
PROJECT BUDGET
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
(Return this page as part of your Match Program application only if you are applying for
alternative fuel vehicle match funding)
A. Please provide your Current Unallocated Subvention Fund Balance: $ 0
B. Please provide the following Alternative Fuel Vehicle Purchase Cost by Category Information:
PROJECT COSTS BY FUNDING CATEGORY AMOUNT
1. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE
PURCHASES FROM EXISTING UNALLOCATED BALANCE: $ 0
2. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE
PURCHASES FROM FUTURE YEAR ALLOCATION (FY 2002/2003): $ 0
3. LOCAL FUNDS APPLIED TO ALL VEHICLES PURCHASES
(E.g. MEASURE A, MEASURE C): $ 134,941.13
4. TOTAL AB 2766 SUBVENTION FUNDS AND LOCAL FUNDS
e APPLIED TO MEDIUM AND HEAVY-DUTY VEHICLE PURCHASES
(SUM OF LINES 1, 2, AND 3): $
5. AMOUNT OF MSRC MATCH FUNDING REQUESTED FOR MEDIUM
DUTY VEHICLE PURCHASE (100% MATCH, I.E., $1 FOR $1 MATCH
UP TO $10,000 PER VEHICLE): $ 80.000
6. AMOUNT OF MSRC MATCH FUNDING REQUESTED FOR HEAVY
DUTY VEHICLE PURCHASE (100% MATCH, I.E., $1 FOR $1 MATCH
UP TO $20,000 PER VEHICLE): $
7. ADDITIONAL PROJECT CO-FUNDING FROM OTHER SOURCES: $
8. TOTAL PROJECT COST: $ 214.941.13
C. Please list all funding sources other than AB 2766 Subvention Funds or MSRC Match Funds:
NON-AB 2766/MSRC FUNDING SOURCES AMOUNT
a) $
b) $
c) $
TOTAL "OTHER" PROJECT CO-FUNDING: $
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FYOJI04 MSRC DiscreliofUJry Fund
Local Government Match Program
EXHIBIT C
PROJECT BUDGET - Continued
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
(Return this page as part of your Match Program application only if you are applying for
alternative fuel vehicle match funding)
D. Please list all vehicle purchase project costs by Cost Element.
MEDIUM DUTY VEHICLE PURCHASE COSTS (PLEASE LIST EACH VEHICLE INDIVIDUALLY):
1. F-150 FORD PICKUP $ 25.608.51
2. F-150 FORD PICKUP $ 25.608.51
3. F-150 FORD PICKUP $ 25.608.51
4. F-150 FORD PICKUP $ 25.608.51
5. F-150 FORD PICKUP $ 25.608.51
6. F-150 FORD PICKUP $ 25.608.51
7. E-350 PASS VAN $ 31.428.22
8. E-350 CARGO VAN $ 29.861.85
TOTAL MEDIUM DUTY VEHICLE PURCHASE COSTS: $ 214.941.13
HEAVY DUTY VEHICLE PURCHASE COSTS (PLEASE LIST EACH VEHICLE INDIVIDUALLY)
1. $
2. $
3. $
4. $
~ $
TOTAL HEAVY DUTY VEHICLE PURCHASE COSTS: $
DIRECT LABOR COSTS:
1. LABOR HOURS x $/HOUR = $
2. LABOR HOURS x $/HOUR = $
TOTAL DIRECT LABOR COSTS: $
OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS:
1.
$
$
TOTAL OTHER DIRECT COSTS:
ADMINISTRATIVE COSTS:
$
TOTAL PROJECT COST:
$ 214.941.13
PLEASE NOTE THAT THE TOTAL PROJECT COST REFLECTED IN SUBSECTIONS BAND D,
ABOVE. SHOULD BE CONSISTENT.
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FYOJ/04 MSRC Discretionary Fund
Local Government Match Program
EXHIBIT D
PROJECT IMPLEMENTATION SCHEDUL
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
(Return this page as part of your Match Program application)
Please provide, either in the space outlined below or separate attached sheet, a Milestone Schedule for
your proposed Match Program project. The schedule should include anticipated start and completion
dates for each task, activity, or milestone identified in Exhibit B, "Project Description/Statement ofWork".
The format requirements for the Project Implementation Schedule are flexible. A template is provided
below:
PROJECT MILESTONE
START DATE
COMPLETION
Task 1 - Sign contract for funding sources Authority to Proceed (ATP) ATP
-.----.---------.---.--'--- _.~_._---- -"-_._-
Task 2 - Prepare and issue bid package for vehicles ATP + 1 months ATP + 1 months
_._.__._---_._-_.__._-_._~---- ..--..--..--...-------. ..-.
Task 3 - Evaluate bids for vehicles and make award ATP + 1.5 months ATP + 1.5 months
------.-------.--------------.-----.----------- -------...---.---.-------..
Task 4 - Receive CNG Vehicles into service ATP + 7 months
.....-----.--....-....-.--...-.-..----.--...-...-.. .--.-----..-...-.--..............-
Task 5 - Conduct Refueling Training with new vehicl ATP + 8 months
ATP + 7 months
--.-....-.----
ATP + 8 months
------.---.-
.............. .-' - .......... -"'- .-.--
....____.._......_ .......m.........____n.________..... ..._.........__._.m.._....._..__ _____.._._._..______________
........-.....-.--...-.-.--
. . .....
...-....... .....---.......................--.................... ......... ..' ... ..... ..... ...- ................-..-.......... .-.......-...--...--.....-..-
.....--..-...........-...-...--.--.--.-.......-....................... --.-..........--....-.....-......-..- .........-.............--.-..-
"-..-..........--------.---.---..--........---'.-----.---------_.,._-_._-------_._---~-_...,-_.._._....._------_.--,.__.__._-_.,.,_._.__......_...~.-_._--~_.._.,._.,_._.._'.,._-_.__.._...__._..._---~
~.-
............--..................--
If a separate milestone schedule is attached, please label the attachment "Exhibit 0: Project Milestone
Schedule" and include in your application package.
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FYOJI04 MSRC Discretionary Fund
Local Government Match Program
EXHIBIT E
PROJECT IMPLEMENTATION DATA
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
(Return this page as part of your Match Program application only if you are applying for
altemative fuel vehicle match funding)
A. The MSRC Technical Staff will estimate the emissions reductions attributable to the deployment of
new alternative fuel medium and heavy-duty vehicles. Applicants are not required to perform
emissions reduction calculations as part of their application. However, to assist the MSRC in
assessing the air quality benefits of your project, please provide the fOllowing information for each
medium/heavy-duty vehicle described in Exhibit B, Part 2b, Section A. Complete the Table below or
attach a separate sheet
a. Vehicle make and model;
b. Fuel Type (CNG, LNG, LPG, etc.);
c. Engine model, including horsepower;
d. Estimated vehicle life;
e. Vehicle duty cycle (I.e., trash collection, local delivery, etc.)
f. Annual mileage within the geographical jurisdiction of the South Coast Air District; or
g. Annual hours of engine operation within the geographical jurisdiction of the South Coast Air
District
a b c d e F a
Vehicle Make & Fuel Engine Vehicle Vehicle Annual Annual
Model & Life Vehicle Hours of
Model Type HorseDower tvears} Duty Cycle Mileaae ODeration
1 FORD F-1 50 CNG 5.4L v-a a Main!. 1 0,000 1 ,200
PICKUPS 225 HP Trucks
-,--- ------------- .,-,----"._--~-- ..__m__..__....__.......__...._...._...... -'-'-'-_.._~ -..-... -_."._"..._----~--_.._-- ---.---".-----...-. --.------
2 FORD E-350 CNG 5.4 v-a 275 7 Maint Vans 1 0,000 1 200
......."....-...-. _v.~~S _______ 1------- -- -- HP
--~--.._-_.- __.__..____m_'...... - ----.-- - .--_.. ---.....---...---- -- -- ___nnm_._..'.____.. .-----------.-----.--
3
-'-- .._---_._._.~------_._-_.,-_.._.- ...,....-...-.-.--.--..--... .....-....--.....-..... ._.____.n_______ .__n__. .....-. .....--.----.--- _m_.n._______. -..-...-....---..-......
4
_____n..__ --...---....-..-....-.-.-----.---.- __._..."..._._____m_ __....___..n"..._.."... ............-. ._.----~ m._____... .__.m.....__.....___._____ .----- -----.-.. ---.-.--.....----..--...-.-
5
---....-.-.. ...._."".__._..._m__...__.__..___...__.__ ~-------- ..----..-.....----..... ...-".-- ---........--.--..-- ~_.._._.__...._- -..,,-....-. ..__m__n__ -.---.--....--..-..-.--
6
----. m.___.. .--..-....----------. -_._-.~.__.- --......--..------...----------- ......----- -......--...............-....-.--..-.- -------.----- ..--.-..-.-----".-
7
---..- ..---- ----------------- ...-------- ...-.--.--........--..-.--..-. 1----____ --.--....-.--....-...- _..._,,_...._._n.n____.~. -..-.--.-..-...----...
a
_........,,- -- - .--- --.--- ----.--......-.-.- ---...- .----.--.-...-. _._--_...._.....~.._- -..---...----.-
9
-....--........ .......-------- --- ------------- --------. _._....m_.._._._.._.........__ ....-..."...-..-----.. ..--.-.....---......--
1 0
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FYOJI04 MSRC Discretionary Fund
Local Go~'ernment Match Program
EXHIBIT F
CERTIFICATE OF INSURANCEI
LETTER OF SELF INSURANCE
All MSRC contractors are required to provide a Certificate of Insurance naming the South Coast Air
Quality Management District as an additional insured within forty-five (45) days of receipt of notification of
a funding award.
It has been the experience of the MSRC that many cities and counties within the South Coast Air District
are self-insured. If your city or county is self-insured, please provide a letter to that effect with your
application package. A sample self-insurance letter is included below. This sample is intended only to be
representative of an acceptable letter. Your city's format and content may be different. Please refer to
the requirements of the Sample Contract.
(date)
MSRC Contracts Administrator
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, Califomia 91765
Subject: Statement of Self-Insurance
Dear MSRC Contracts Administrator:
This is to certify that City of San Bernardino self-administers and insures, defends, settles and pays third
party claims for bodily injury, personnel injury, death and/or property damage. Protection under this
program is warranted to meet or exceed $1 million, combined Single Limit, per occurrence. Additionally,
City of San Bernardino is permissively self-insured for Worker's Compensation under the laws of the
State of California.
City of San Bernardino agrees to provide the South Coast Air Quality Management District with thirty (30)
days prior written notice of any changes in this program.
If you need any further information regarding this risk-retention program, please contact the Risk
Management Staff at (909) 000-0000.
Sincerely,
Risk Manager
If you have questions regarding insurance, please contact the AQMD Contracts Manager via FAX at
(909) 396-2765.
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FY03104 MSRC Discretionary Fund
Local Government Match Program
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South Coast
Air Quality Mana2ement District
ALTERNATIVE FUELS LOCAL GOVERNMENT MATCH PROGRAM CONTRACT
1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District
(hereinafter referred to as 'AQMD') whose address is 21865 East Copley Drive, Diamond Bar,
California 91765, and ... (hereinafter referred to as 'CONTRACTOR') whose address is ....
2. RECITALS
A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in
the South Coast Air Basin in the State of California (State). AQMD is authorized under State
Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for
the purpose of reducing air pollution from such vehicles and to implement the California Clean Air
Act.
B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set
motor vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV) is
required to collect such fee and remit it periodically to AQMD.
C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by
AQMD into a separate account for the sole purpose of implementing and monitoring programs to
reduce air pollution from motor vehicles.
D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to
develop a work program to fund projects from the separate account. Pursuant to approval of the
work program by AQMD'S Governing Board, AQMD Board authorized a contract with
CONTRACTOR for services described in Attachment 1 - Work Statement, expressly incorporated
herein by this reference and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth
in CONTRACTOR's Alternative Fuels Local Government Match Program Application dated ....
3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be
collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges
that AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes
no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in
a timely manner.
4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the
termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its
authorized representative to determine if the revenues received by CONTRACTOR were spent for the
reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall
coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately
expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount
which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole
remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this
Contract.
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FYOJI04 MSRC Discretionary' Fund
Local Government Match Program
00NTRACTOR'S BID PROCESS - CONTRACTOR shall provide AQMD with CONTRACTOR's bid
process and documentation if a bid process is required to expend the funds provided to
CONTRACTOR under the terms of this Contract.
@EPORTING
A. PROGRESS REPORTS - A concise Interim Reporl will be submitted at the approximate halfway
point in the overall project schedule. The Interim Report should include the following topics, at a
minimum: a) tasks completed; b) issues or problems encountered; c) resolutions implemented;
and d) progress to date. Any modifications, whether already implemented or planned, to the
project description/statement of work, project costs, or project schedule, should be highlighted in
the Interim Report.
B. FINAL REPORT - CONTRACTOR shall provide AQMD with a comprehensive final report prior to
the end of the Contract term. The final report shall be subject to review by the MSRC and
approval by AQMD. One letter-size paper copy and one electronic version in Microsoft Word
format shall be provided to AQMD. The final report shall be complete and include illustrations and
graphs, as appropriate, to document the work performed and the results thereof under this
Contract.
(~
o TERM - The term of this Contract is from the date of execution by both parties to ..., unless terminated
earlier as provided for in Paragraph 8 below entitled Termination, extended by amendment ofthis
Contract in writing, or unless all work is completed and a final report is submitted and approved by
AQMD prior to the termination date. No work shall commence prior to the Contract start date, except at
CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed.
Upon written request and with adequate justification from CONTRACTOR, the MSRC Contracts
Administrator may extend the Contract up to an additional six months at no additional cost. Term
extensions greater than six months must be reviewed and approved by the MSRC.
8. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or
fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the
requirements of Attachment 1 - Work Statement, this shall constitute a material breach of the Contract.
The non breaching party shall have the sole and exclusive option either to notify the breaching party
that it must cure this breach within fifteen (15) days or provide written notification of its intention to
terminate this Contract with thirty (30) day's written notice. Notification shall be provided in the manner
set forth in Paragraph 17 below, entitled - Notices. Termination shall not be the exclusive remedy of
the nonbreaching party. The nonbreaching party reserves the right to seek any and all remedies
provided by law. AQMD will reimburse CONTRACTOR for actual costs incurred (not to exceed the total
Contract value), including all noncancellable commitments incurred in performance of this Contract
through the effective date of termination for any reason other than breach.
9. EARLY TERMINATION - This Contract may be terminated early due to any of the following
circumstances:
A. The vehicles or equipment become inoperable through mechanical failure of components or
systems directly related to the alternative fuel technology being utilized, and such failure is not
caused by CONTRACTOR'S negligence, misuse, or malfeasance.
B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too
cosily to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or
malfeasance.
FY03104 MSRC Discrelionary Fund
Loca; Government Malch Program
e 10. REFUELING STATION OPERATIONAL AVAILABILITY - [USE FOR INFRASTRUCTURE PROJECTS
ONLY) CONTRACTOR is obligated to comply with the alternative-fuel refueling infrastructure
Operational Availability requirements set forth as follows:
A. CONTRACTOR commits to ensuring fast.fi11 refueling stations remain operational and accessible
to public and/or fleets for a period of no less than five (5) years from the date the station begins
dispensing fuel in either its initial or expanded capacity. Should CONTRACTOR desire to deviate
from this obligation, for reasons other than those stated in Paragraph 9.B, above, CONTRACTOR
shall reimburse AQMD for a prorated share of the funds provided for fueling facilities as indicated
in the table below:
5 year Operational AvallabUily Percentage of MSRC Funds to be
ObIiaation Termination Occurs Reimbursed
Within Year 1 100%
Between Years 1-2 80%
Between Years 2-3 60%
Between Years J..4 40%
Between Years 4-5 20%
After Year 5 0%
B. CONTRACTOR commits to ensuring time-fill, single dispenser, apparatus-type stations remain
operational and accessible to public and/or fleets for a period of no less than three (3) years from
the date the station begins dispensing fuel in either its initial or expanded capacity. Should
e CONTRACTOR desire to deviate from this obligation, for reasons other than those stated in
Paragraph 5.B, above, CONTRACTOR shall reimburse AQMD for a prorated share of the funds
provided for fueling facilities as indicated in the table below:
3 year Operational AvailabUily Percentage of MSRC Funds to be
Oblioation Termination Occurs Reimbursed
Within Year 1 100%
Between Years 1-2 66%
Between Years 2-3 33%
After Year 3 0%
C. The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date
the station ceases operation. CONTRACTOR shall not be responsible for any reimbursement to
AQMD if the obligation is terminated as a result from one or more reasons set forth in Paragraph
9B.
D. The obligations of this section shall survive the expiration of the Contract and continue in full force
and effect until the applicable operational availability period set forth above has been satisfied.
11. INSURANCE {OPTION AJ - Prior to the start of this Contract, CONTRACTOR shall furnish evidence of
workers' compensation insurance in accordance with California statutory requirements and liability
insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000).
CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions
thereof. AQMD shall be named as an additional insured on such liability policy and thirty (30) days
e written notice of modification of any such insurance shall be given by CONTRACTOR to AQMD. Such
modification is subject to preapproval by AQMD. If CONTRACTOR fails to maintain the required
insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional
insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to
CONTRACTOR.
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INSURANCE [OPTION B] - CONTRACTOR is permissibly self-insured and will maintain self-insurance
in accordance with applicable provisions of Califomia law as evidenced by certificate of self-insurance
in Attachment 4, herein. CONTRACTOR shall maintain such coverage during the term of this Contract
and any extensions thereof. If CONTRACTOR fails to maintain the required insurance coverage,
AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill
CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR.
12. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its
officers, employees, agents, representatives, and successors-in-interest against any and all loss,
damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and
successors-in-interest may incur or be required to pay by reason of any injury or property damage
caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of
this Contract.
13. PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of ... Dollars ($***) upon completion of the
project on a reimbursement basis. Any funds not expended upon early contract termination or
contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be
made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized
invoice prepared and fumished by CONTRACTOR.
B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company
letterhead, and list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S
social security number or Employer Identification Number and submitted to:
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, CA 91765
Attn: ..., MSRC Contract Administrator
C. No funds shall be paid out to CONTRACTOR pursuant to this Contract. until the project described
in Attachment 1 is completed and proof of completion is provided to AQMD. If the project
described in Attachment 1 is not completed and satisfactory proof of completion is not provided to
AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include
a Final Report detailing the project goals and accomplishments.
D. Additional AS 2766 Discretionary Match Funds will not be available to fund project cost overruns.
Any project cost overruns must be funded from other than AS 2766 Discretionary Funds.
E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to
the project described in Attachments 1, 2, and 3 of this Contract.
F. If, at the completion of the Project described in Attachment 1, the actual amount of AB 2766
Funds utilized in performance of the project is less than the amount described in Attachment 2,
the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 100% for
vehicles and *..% for infrastructure of the actual AB 2766 Fund amount expended for the project.
G. An amount equal to ten percent (10%) shall be withheld from each invoice paid. Upon satisfactory
completion and final acceptance of work and the final report by AQMD, CONTRACTOR'S invoice
for the 10% withheld will be released.[OPTIONAL]
14. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs)
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds
may be generated and/or sold.
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S. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a
portion of the air quality benefits attributable to the project resulted from other funding sources.
These MSERCs, which are issued by AQMD, are based upon the quantified vehicle miles traveled
(VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective
MSERCs, generated as a result of AS 2766 Funds, must be retired. The portion of prospective
credits funded by the AS 2766 program, and which are subject to retirement, shall be referred to as
"AS 2766-MSERCs.'
C. The determination of AS 2766-MSERC's is to be prorated based upon the AS 2766 program's
contribution to the cost associated with the air quality benefits. In the case where AS 2766
Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or
for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AS 2766
Discretionary Funds must be retired. The determination of AS 2766-MSERCs for infrastructure
and other ancillary items is to be prorated based upon the AS 2766 program's contribution to the
associated air quality benefits. Determination of the project's overall cost will be on a case-by-case
basis at the time an MSERC application is submitted. AQMD staff, at the time an MSERC
application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs.
CONTRACTOR would then receive the balance of the MSERCs not associated with AS 2766
funding.
15. DISPLAY OF MSRC LOGO - CONTRACTOR agrees to permanently display one MSRC decal in a
prominent location on each vehicle purchased pursuant to this Contract. CONTRACTOR also agrees to
permanently display one MSRC decal in a prominent location on each fueling or charging station
constructed pursuant to this Contract. Decals will be provided by MSRC upon notification that subject
fueling station equipment and/or vehicles are placed into service. Decals are approximately six (6)
inches in height and eight (8) inches in width (Note: a smaller decal may be specified for electric
vehicle infrastructure contracts). CONTRACTOR shall maintain decal for life of vehicle or equipment
subject to this Contract. Should any decal become damaged, faded, or otherwise unreadable,
CONTRACTOR shall request replacement decal from MSRC and apply new decal in the same or other
prominent location. MSRC shall not be responsible for damage to paint or other vehicle surfaces
arising from application or removal of decals.
16. SCRAPPING OF OLD VEHICLES - Any AS 2766 Discretionary Fund project for the purchase of new
clean fuel vehicles shall be required to scrap older, polluting vehicles which would be removed or
retired from service. This clause is applicable only to AS 2766 projects which remove or retire a
vehicle(s) from fleet service as a direct result of AB 2766 funding.
17. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the
persons listed below or to other such addresses or addressees as may hereafter be designated in
writing for notices by either party to the other. A notice shall be deemed received when delivered or
three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier.
AQMD:
South Coast Air Quality Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
Attn: ..., MSRC Contract Administrator
CONTRACTOR:
***
...
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Attn: ...
18. EMPLOYEES OF CONTRACTOR
A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD.
CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost
of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall
maintain workers' compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be
considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees,
agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or
plans, given or extended by AQMD to its employees.
D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of services required
to be performed under this Contract. CONTRACTOR further represents that in performance of
this Contract, no person having any such interest shall be employed by CONTRACTOR or any
subcontractor.
19. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed,
color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of
the Califomia Fair Employment & Housing Act (Govemment Code Section 12900, et sea.), the Federal
Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30
Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and
Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and
shall include in each such subcontract language similar to this paragraph.
20. SOLICITATION OF EMPLOYEES. CONTRACTOR expressly agrees that CONTRACTOR shall not,
during the term of this Contract, nor for a period of six months after termination, solicit for employment,
whether as an employee or independent contractor, any person who is or has been employed by
AQMD during the term of this Contract without the consent of AQMD.
21. PROPERTY AND SECURITY - Without limiting CONTRACTOR'S obligations with regard to security,
CONTRACTOR shall comply with all the rules and regulations established by AQMD for access to and
activity in and around AQMD'S premises.
22. ASSIGNMENT. The rights granted hereby may not be assigned, sold, licensed, or otherwise
transferred by either party without the prior written consent of the other, and any attempt by either party
to do so shall be void upon inception.
23. NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD'S failure to insist upon the performance of
any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or
remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of
any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless
otherwise provided for herein.
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24. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the
enforcement or interpretation of this Contract, each party in said action shall pay its own attomeys' fees
and costs.
25. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for
any delay or failure in performance under this Contract or interruption of services resulting, directly or
indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes,
shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the
reasonable control of AQMD or CONTRACTOR.
26. SEVERABILITY - In the event that anyone or more of the provisions contained in this Contract shall for
any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such
holding shall not affect any other provisions of this Contract, and the Contract shall then be construed
as if such unenforceable provisions are not a part hereof.
27. HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only, and
the words contained therein shall in no way be held to explain, modify, amplify, or aid in the
interpretation, construction, or meaning of the provisions of this Contract.
28. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the
force and effect of an original.
29. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created
thereby shall be determined in accordance with the laws of the State of California. Venue for resolution
of any dispute shall be Los Angeles County, Califomia.
30. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a
fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a
formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts
expended in anticipation of a formal Contract. If a formal Contract does result, precontract cost
expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and
payment provision of the Contract.
31. PREVAILING WAGES - [USE FOR INFRASTRUCTURE PROJECTS ONLY] CONTRACTOR is
alerted to the prevailing wage requirements of California Labor Code section 1770 et seq. Copies of
the prevailing rate of per diem wages are on file at the AQMD's headquarters, of which shall be made
available to any interested party on request. Notwithstanding the preceding sentence, CONTRACTOR
shall be responsible for determining the applicability of the provisions of California Labor Code and
complying with the same, including, without limitation, obtaining from the Director of the Department of
Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime work, making the same available to any interested party upon request, paying any
applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing
wage rate requirements to its subcontractors. CONTRACTOR shall indemnify, defend and hold
harmless the South Coast Air Quality Management District against any and all claims, demands,
damages, defense costs or liabilities based on failure to adhere to the above referenced statutes.
32. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by
CONTRACTOR, submitted to AQMD and approved by MSRC in accordance with MSRC policies and
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procedures. Requests to expend funds above the Contract value stated in Paragraph 13A must be
approved prior to the expenditure of additional funds. CONTRACTOR must make such request a
minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be
in writing and signed by both parties.
33. ENTIRE CONTRACT . This Contract represents the entire agreement between the parties hereto
related to CONTRACTOR providing services to AQMD and there are no understandings,
representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration,
or modifICation of any of the provisions herein shall be binding on any party unless in writing and signed
by the party against whom enforcement of such waiver, alteration, or modification is sought.
IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on
their behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
...
A.
By:
By:
Norma J. Glover, Chairman of the Board
Date:
Date:
ATTEST:
Jackie Dix, Clerk of the Board
By:
APPROVED AS TO FORM:
Barbara Baird, District Counsel
By:
MSRCLocaIGovMalch(12112103)