HomeMy WebLinkAbout2008-268
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO RATIFYING SUBMITTAL OF A GRANT APPLICATION FOR
THE FY06/07 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT MOBILE
4 SOURCE REDUCTION COMMITTEE FUNDING FOR NATURAL GAS REFUSE
5 TRUCKS PROGRAM TO ASSIST IN THE PURCHASE OF (15) NEW LNG REFUSE
TRUCKS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, IWM
6 DIVISION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
ACCEPTING THE GRANT.
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RESOLUTION NO. 2008-268
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San
Bernardino ratifies the submittal of an application to the South Coast Air Quality
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14 $480,000.00 to assist in the purchase of (15) new LNG refuse trucks to be utilized by
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Management District to participate in the FY06/07 Mobile Source Reduction
Committee Funding for Natural Gas Refuse Trucks Program, in the amount of
the Public Services Department, IWM Division.
16 SECTION 2. The City Manager, or his designee, is hereby authorized to
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execute a Contract with South Coast Air Quality Management District accepting the
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grant, a copy of which is attached hereto and incorporated herein as Exhibit "A."
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July 2. 2008
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2008-268
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING SUBMITTAL OF A GRANT APPLICATION FOR
THE FY06107 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT MOBILE
SOURCE REDUCTION COMMITTEE FUNDING FOR NATURAL GAS REFUSE
TRUCKS PROGRAM TO ASSIST IN THE PURCHASE OF (15) NEW LNG REFUSE
TRUCKS TO BE UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, IWM
DIVISION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
ACCEPTING THE GRANT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint reo:ular
meeting thereof, held on the
7th
July
, 2008, by the
day of
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
x
BRINKER
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
~!tJ.~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this .~ day of
Julv ,2008.
~.
~ =
at' k J. Morris, ~ayor
City of San Bernardino
Approved as to Form:
2008-268
Exhibit A
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South Coast
Air Quality Mana2ement District
~~oo [( - ~14!?"
~ Contract No. MS07051
Clean Tn.."....avo.
Funding from Ill. MSRC
...-...........----
III
EXHIBIT "A"
AS 2766/MSRC ADVANCED LOW EMISSION HEAVY.DUTY NATURAL GAS ENGINES FOR SOLID WASTE
COLLECTION VEHICLE OPERATORS 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 Copley Drive, Diamond Bar, California 91765-4178, and the
City of San Bernardino (hereinafter referred to as "CONTRACTOR") whose address is 182 South Sierra
Way, San Bernardino, California 92408.
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 Goveming 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 - Statement of Work, 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 AB 2766/MSRC Advanced Technology Heavy-Duty Natural Gas Engine Program
Application dated March 30, 2007.
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.
RECEIVED
SEP 08 2006
FLEET DIVISION
I?ECEIVED
'WI< ~ 1 200a
FLEET DIVISION
Contract No. MS07051
5. REPORTING
A. PROGRESS REPORTS - CONTRACTOR shall submit progress reports to AQMD within fifteen (15)
days of the end of the reporting period which shall be on a quarterly basis beginning three months after
the date this Contract is signed by both parties. Such reports shall detail: 1) work performed during the
current reporting period; 2) work planned for the next reporting period; 3) problems identified, solved,
and/or unresolved; 4) the percentage of each task completed; 5) delays in meeting the project schedule
with an explanation including a description of what steps will be taken to complete the project on time;
and 6) a cost breakdown by cost category for each task showing both the amount of AS 2766 funds
expended and co-funding expended for the reporting period and the cumulative period to date.
Progress reports that do not comply will be returned to CONTRACTOR as inadequate. Under this
policy, failure to submit progress reports within the allotted time may be considered a material breach
and subject the Contract to termination.
1. If CONTRACTOR fails to submit progress reports as required by the Contract, the following shall
occur: If after seven (7) days past the progress report due date CONTRACTOR fails to submit
progress reports, MSRC Contract staft will notify CONTRACTOR in writing of the delinquency
and request that the progress report be submitted within seven (7) days of the written notice.
2. For Monthly Reports: If CONTRACTOR fails to submit a progress report for the second
consecutive month, the MSRC Contract Administrator shall send a second written notice
indicating that two previous progress reports are due and that they must be submitted within
fifteen (15) days. If CONTRACTOR fails to provide a report for a third consecutive month,
AQMD's Procurement Manager shall provide written notice to CONTRACTOR to cure the
delinquency within fifteen (15) days of the notice or be subject to termination within thirty (30)
days.
3. For Quarterly Reports: If CONTRACTOR fails to submit a progress report, the MSRC Contract
Administrator shall send a written notice indicating that the progress report is due and that it must
be submitted within fifteen (15) days. If CONTRACTOR does not respond within the allotted
time, AQMD's Procurement Manager shall provide written notice to CONTRACTOR to cure the
delinquency within fifteen (15) days of the notice or be subject to termination within thirty (30)
days.
4. If CONTRACTOR has a history of non-consecutive (three or more occasions) delinquent
progress reports, this may be considered a material breach of the Contract and be grounds for
immediate termination of the Contract. For example, if progress reports are submitted in such an
inconsistent and sporadic fashion as to indicate a lack of compliance with this Contract provision
(e.g., progress report submitted one month, skipping several months thereafter).
5. If a contract is terminated as a result of this policy, the direct contractor involved will not be
eligible to apply for AS 2766 Discretionary Funds for two programs years.
S. FINAL REPORT. CONTRACTOR shall provide AQMD with a comprehensive final report in accordance
with the project schedule specified in Attachment 1 - Statement of Work. The final report shall be
subject to review by the MSRC and approval by AQMD, and shall be provided in the format and manner
directed by AQMD staft. 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. The final
report will also contain, in detail, the reduction of mobile source air pollution emissions resulting from the
project's implementation.
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Contract No. MS07051
6. TERM - The term of this Contract is seventy six (76) months from the date of execution by both parties,
unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of
this 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.
7. TERMINATION
A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide
services in the manner agreed upon by the parties, including, but not limited to, the requirements of
Attachment 1 -. Statement of Work, this failure shall constitute a breach of this Contract. The non-
breaching party shall notify the breaching party that it must cure this breach or provide written
notification of its intention to terminate this contract. Notification shall be provided in the manner set
forth in Clause 16. The non-breaching party reserves all rights under law and equity to enforce this
contract and recover damages.
B. AQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30)
days' written notice. Once such notice has been given, CONTRACTOR shall, except as and to the
extent or directed otherwise by AQMD, discontinue any Work being performed under this Contract and
cancel any of CONTRACTOR's orders for materials, facilities, and supplies in connection with such
Work, and shall use its best efforts to procure termination of existing subcontracts upon terms
satisfactory to AQMD. Thereafter, CONTRACTOR shall perform only such services as may be
necessary to preserve and protect any Work already in progress and to dispose of any property as
requested by AQMD.
C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the
effective date of termination under Clause 7.B. Before expiration of the thirty (30) days' written notice,
CONTRACTOR shall promptly deliver to AQMD all copies of documents and other information and data
prepared or developed by CONTRACTOR under this Contract with the exception of a record copy of
such materials, which may be retained by CONTRACTOR.
8. EARLY TERMINATION - This Contract may be terminated early if the vehicle(s) 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.
9. INSURANCE - CONTRACTOR represents that it is permissibly self-insured and will maintain such self-
insurance in accordance with applicable provisions of California law throughout the term of this Contract.
CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any
extensions thereof that meet or exceed the minimum requirements set forth by the South Coast AQMD
below. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management
District, Attn: Risk Management Office. The AQMD Contract Number shall be included on the face of
the certificate. 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. Minimum insurance coverages are as follows:
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Contract No. MS07051
A. Worker's compensation insurance in accordance with either California or other state's
applicable statutory requirements.
B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and
$2,000,000 in general aggregate.
C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per
accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined
single limit for bodily injury or property damage.
11. 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.
12. PAYMENT
A. AQMD shall reimburse CONTRACTOR up to a total amount of Four Hundred Eighty Thousand Dollars
($480,OOO) in accordance with Attachment 2 - Payment Schedule, expressly incorporated herein by this
reference and made a part hereof of this Contract. 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 (3D) days after approval by AQMD of an
itemized invoice prepared and furnished 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 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
C. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this
Contract or invoice may not be paid.
D. 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.
13. 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.
B. 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
AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and
which are subject to retirement, shall be referred to as 'AB 2766-MSERCs."
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Contract No. MS07051
C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's
contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary
Funds are used to pay for the full differential cost of a new altemative fuel vehicle or for the retrofitting or
repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be
retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be
prorated based upon the AB 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 AB 2766 funding.
14. 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 or upgraded 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 twelve
(12) inches in height and eighteen (18) inches in width (Note: a smaller decal may be provided if
CONTRACTOR demonstrates that application of the standard decal is not feasible). 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. In addition, all promotional materials
related to the project, including, but not limited to, press kits, brochures and signs shall include the MSRC
logo. Press releases shall acknowledge MSRC financial support for the project.
15. ACCRUAL OF MILEAGE WITHIN SOUTH COAST AIR QUALITY DISTRICT - CONTRACTOR is obligated
to comply with the geographical restriction requirements as follows:
A. Each of the vehicles funded under this Contract must accrue at least 85% of its annual mileage or engine
hours of operation within the geographical boundaries of the South Coast Air Quality Management
District for a period of no less than five (5) years from the date the vehicle enters service (new vehicles)
or returns to service (repowered vehicles). Should CONTRACTOR deviate from or fail to comply with this
obligation, for reasons other than those stated in Clause 8, CONTRACTOR shall reimburse AQMD for a
prorated share of the funds provided for the vehicle as indicated in the table below:
5 year Operations Obligation Percentage of MSRC Funds
Termination Occurs to be Reimbursed
Within Year 1 100%
Between Years 1-2 80%
Between Years 2-3 60%
Between Years 3-4 40%
Between Years 4-5 20%
After Year 5 0%
B. The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date the
vehicle ceases to operate in accordance with the geographical restriction. CONTRACTOR shall not be
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Contract No. MS07051
responsible for any reimbursement to AQMD if the obligation is terminated as a result from one or more
reasons set forth in Clause 8.
C. Should CONTRACTOR sell, lease, transfer, assign or otherwise divest itself of the vehicles during the
five year period referred to in clause 15.A, notice shall be provided to AQMD no less than 30 days
preceding the sale, lease, transfer, or assignment is effectuated. The agreement effectuating the sale,
lease, transfer or assignment shall state that the AQMD is an intended third-party beneficiary of the
agreement and shall include the following requirement: the obligation to accrue mileage within the South
Coast Air Quality Management District shall be a continuing obligation of the subsequent purchaser,
lessee, transferee, successor in interest, heir or assign and shall remain in full force and effect until the
expiration of the five year operation period. This obligation shall be passed down to any subsequent
purchaser, lessee or transferee during this five year term and AQMD shall be an intended third-party
beneficiary of any subsequent agreement. Upon receiving notice of any subsequent sale, lease, transfer,
assignment or other divestiture, AQMD may elect to either require the reimbursement specified in Clause
15.A and 15.B, or require the subsequent purchaser, lessee, transferee or assignee to comply with the
continuing obligation to operate the vehicle for a period of no less than five (5) years from the date the
vehicle entered service (new vehicles) or re-service (re-powered vehicles). Notice of AQMD's election of
remedies shall be provided to CONTRACTOR and any subsequent purchaser, lessee, transferee or
assignee in a timely fashion.
16. 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 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
CONTRACTOR: City of San Bernardino
182 South Sierra Way
San Bernardino, California 92408
Attn: Don W. Johnson
17. 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.
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Contract No. MS07051
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.
18. 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
California Fair Employment & Housing Act (Government 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 clause and shall include in
each such subcontract language similar to this clause.
19. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and
local laws, ordinances, codes and regulations and orders of public authorities in the performance of this
Contract and to ensure that the provisions of this clause are included in all subcontracts.
20. 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.
21. 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.
22. 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 attorneys' fees and
costs.
23. 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.
24. 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.
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Contract No. MS07051
25. HEADINGS - Headings on the clauses 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.
26. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
27. 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 Califomia. Venue for resolution of
any dispute shall be Los Angeles County, California.
28. 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.
29. 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 procedures.
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.
30. 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. The Statement of Work - Attachment 1 ,
The Payment Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by
reference herein and made a part hereof.
31. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered
and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational
and financial capacity and that the requirements and obligations under this Contract are legally enforceable
and binding on CONTRACTOR.
[The Remainder of this Page is Intentionally Left Blank]
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Contract No. MS07051
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
CITY OF SAN BERNARDINO
~b'~
/
By.0~>>~
Name. DON W, ItN S<J^f
Title: FUErc.:r rnANM filL
By:
Dr. William A. Burke, Chairman. Governi d
Date:
Date.
f - ^ <> - 08'
ATTEST:
Saundra McDaniel, Clerk of the Board
~ ~tl..:J
By:
APPROVED AS TO FORM.
Kurt R. Wiese. District Counsel
Br
~~
IIAB2766/MSRC Advanced Low Emission Heavy-Duty Natural Ges Engines for Solid Waste Collection Vehicle Operators Program
9 January 2008
9
Attachment 1
Statement of Work
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number MS07051
EXHIBIT "A"
Project Description
CONTRACTOR will purchase and place into service fifteen (15) refuse trucks equipped
with advanced, heavy-duty natural gas engines as specified below.
Statement of Work
Vehicles
CONTRACTOR shall purchase fifteen (15) heavy-duty natural gas refuse trucks,
equipped with qualifying engines, as follows:
Vehicles
Life
Expectancy
Vehicle
Operation
Miles Per Year
Fifteen (15) Autocar refuse trucks
equipped with dedicated natural gas
engines certified by the California Air
Resources Board (CARB) at or below a
NOx standard of 0.2 grams per brake
horse ower-hour Ibh
7 years each
9,525 miles
each
CONTRACTOR shall be reimbursed for vehicles according to the costs stated in
Attachment 2 - Payment Schedule. Engines must be certified at or below a
0.2 g/bhp-hr NOx standard by CARB prior to the release of MSRC funds.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the acquisition of the MSRC co-funded vehicles. Acceptable outreach may include, but
is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices,
flyers, and information items at CONTRACTOR Board meetings and community events.
The Public Outreach Plan shall automatically be deemed approved 30 days following
receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in writing of a Public
Outreach Plan deficiency. CONTRACTOR shall implement the approved Public
Outreach Plan in accordance with the Project Schedule below.
Project Schedule (based on date of Contract execution)
Task Completion
Order Vehicles Month 4
Submit Public Outreach Plan Month 10
Take delivery of vehicles and place Month 13
into service
Implement Public Outreach Plan Month 15
Proqress Reoorts Quarterlv until all vehicles in service
Final Report Month 16
Attachment 1
Statement of Work - continued
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number MS07051
EXHIBIT "A"
Hardware: Fifteen (15) natural gas-fueled refuse trucks as listed above.
Reports
Quarterly Reports: Until all trucks have been placed into service, CONTRACTOR shall
provide quarterly progress reports that summarize the project results to date including,
but not limited to: tasks completed, issues or problems encountered, resolutions
implemented, progress to date, and CONTRACTOR's assessment of whether all
deliverable dates will be met. An interim report that does not comply will be returned to
the CONTRACTOR as inadequate.
Final Report: A Final Report shall be submitted by the CONTRACTOR in the
format provided by AQMD staff. Report shall include, at a minimum: a) an executive
summary; and b) a detailed discussion of the results and conclusions at this project.
CONTRACTOR will identify any barriers encountered and solutions developed to
overcome the barriers, and impact of project on future alternative fuel projects.
In the event the CONTRACTOR files for bankruptcy or becomes insolvent or
discontinues this project, the following items revert to the AQMD for disposition into the
AS 2766 Discretionary Fund account:
, none
2
Attachment 2
Payment Schedule
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number MS07051
EXHIBIT "A"
Cost Breakdown
Number of AB 2766
Qualifying Incentive Total MSRC Other Funds Total Cost
Vehicle per Unit Costs Applied
Purchases
15 $32,000 $480,000 $3,336,270 $3,816,270
CONTRACTOR shall be reimbursed according to the amounts stated above per vehicle
upon proof of vehicle delivery, vehicle acceptance, and placement of vehicle into
service.
3
.
Attachment 3
Supporting Documentation
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number MS07051
The supporting documents attached hereto as Attachment 3, represent obligations of
the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or
obligations by the AQMD or granting any rights to third parties against the AQMD.
1. Proof of Insurance.
4
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, I , ~;.': ~ t t ! I'
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Human ResO.;i.:esmisk Management Division
3OQN. "0' Street
San Bernardino. CA 92418
Linn tlViiIg$ton
Human RlJ$_ Oinlc!OC
FftldWilson
City Administrator
CERTIFICATE OF INSURAltCE
OR SELF-INSURANCE
In the e.ent of cancelotion of the sell-insuranal programs Of polic:ieo dOoignaled beloW. lis the Intent of the City of San
Bernardino to maintain 30 days' prior notice thereollO:
'-
MSRC Contracts AdministratOr
South Coast Air auarrty Management Dlstrlcl
21865 Copley [)rive
Diamond 8ar, CA 91765-<1178
The Clty Olsan13emaid!ilo";~ tIIlitlM ~~n.,j; 1llo9~ or Ins_ poldols8nt In fon:B:
The City of San Bernardino and the South Coast Air Quality Management DIslIlct are named as
additional insured insofar as this certlficate Is conoemed.
TYPE OF COVERAGE
COMPANY AND
POLICY NO.
POlICY
PERIOD
Bodl
Pro
Campoehenslve
oe-.J Uabllly
Ind. AAAO UabIky
SeIf-in$Uted
IndefinIJe
$1,000.000 ConlbIned Single UrnitS
e-eompcehensMI
QenenlI UabIi\y
. Ind. /WlO I,Iablllty
w_.
Compe...lion
Se/UnsunKI
/ndtI11n/Ie
SIa/uIofY
No 0IN8flI/J8
o
T
H
E
R
'I1ds ceitlficote is not valid u_ eoun\erOlgned by In .uthoIized repceMRI8tIve of the ClIY of SIR Bematdlno. Risk ManagemII1I DMsIOn.
. . ~- 1d~ t ~
. DiIec:torofHuman-
Fobruart21 2007 . Cltyof$ane.nllo"Ii"~ . ... ~- )ot t'--
o.te AuIl1cHtzlId Repoese.ilwti... SlgnaIUlll
For infonnation regarding the above seIf-lnsulance poIlcies. please conIacl Risk Managemel1\ DIvisl ) 384-5308.
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