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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution ratifying submittal
of a grant application and authorizing
the City Manager to administer the FY
07/08 MSRC funding for the On-Road
Alternative Fuel Engine Program in the
amount of $390,000 to assist in the
purchase of (11) LNG Refuse and two
LNG Dump Trucks to be utilized by the
Public Services Department, Street and
IWM Divisions.
Dept: Public Services
Date: October 10, 2008
Meeting Date: November 3, 2008
Synopsis of previous Council Action
Reso 2006-405 11/21/06
Reso 2008-268
Reso 2008-269
Recommended Motion:
Adopt resolution.
7/7/08
7/7/08
Ratified submittal of grant application for
FY05/06 Carl Moyer Air Quality Grant program.
Ratified MSRC grant for 15 new Refuse trucks.
Ratified MSRC grant for shop modifications.
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Contact person Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff Report,
Resolution, SCAQMD grant contract.
Ward:
All
FUNDING REQUIREMENTS:
Amount:
Grant Revenues
$390,000.00
Source:
Finance:
Council Notes:
dS-t::i 2004'-4/3
Agenda Item No. '2.'2
II- ~-oe
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution ratifying submittal of a grant application and authorizing the City Manager to
administer the FY 07/08 MSRC funding for the On-Road Alternative Fuel Engine
Program in the amount of $390,000 to assist in the purchase of (11) LNG Refuse and
two LNG Dump Trucks to be utilized by the Public Services Department, Street and
IWM Divisions.
Background:
Fleet staff has identified a South Coast Air Quality Management District, MSRC Funding
opportunity that will allow the City of San Bernardino participation in the FY 2007/2008
MSRC Funding for the On-Road Alternative Fuel Engine program. This SCAQMD
Prograrn offers to fund the incremental cost difference between a Diesel truck and the
more expensive natural gas alternative fueled trucks required by SCAQMD Fleet Rules
1193 and 1196.
On December 7,2007 the program was announced. On December 14, 2007 Fleet staff
attended a bidder's conference for the program and was informed the due date was
January 3, 2008. Due to the short time frame Fleet staff was not able to present the
item to Grants Ad/Hoc Committee.
On July 11th, 2008 the South Coast Air Quality Management District's Governing Board
approved funding for the City of San Bernardino's application. Attached for your review
is a copy of the SCAQMD MSRC Proposal #PA2008-04-1 funding notification letter and
Contract #MS08014 (see exhibit "An). The award is a reimbursement that is tied to the
upcoming purchase of eleven (11) Natural Gas Refuse Trucks and two Natural Gas
Dump Trucks. The reimbursement amount is $30,000.00 per truck for a total award of
$390,000.00.
During the FY 06/07 budget preparation Fleet staff developed a multi-year long term
replacement schedule for the IWM Division that was approved as part of the FY 06/07
IWM Division Budget. The replacement of these aging units is the third phase of that
schedule.
Financial Impact:
No cost to the City. The $390,000.00 of revenue to be received will be deposited into
the Refuse and Sewer Funds to be used to help off set the cost of the eleven (11) new
LNG Refuse and two Dump Trucks being ordered in FY 2008/09. The anticipated
delivery of the trucks is June or July 2009. These funds will be received in FY 09/10
and the Refuse and Sewer Funds will be adjusted accordingly. Funds are budgeted as
new lease estimates for the purchase of the trucks in the following IWMD accounts;
$2,293,300 in 527-412-5803, and $1,330,500 in 527-413-5803. The two Dump trucks
are to be purchased outright from the unappropriated sewer fund balance at a cost of
approx. $600,000.
Recommendation:
Adopt resolution.
RESOLUTION NO.
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RESOLUTION RATIFYING SUBMITTAL OF A GRANT APPLICATION AND
AUTHORIZING THE CITY MANAGER TO ADMINISTER THE FY 07/08 MSRC
FUNDING FOR THE ON-ROAD ALTERNATIVE FUEL ENGINE PROGRAM IN THE
AMOUNT OF $390,000 TO ASSIST IN THE PURCHASE OF (11) LNG REFUSE AND
TWO LNG DUMP TRUCKS TO BE UTILIZED BY THE PUBLIC SERVICES
DEPARTMENT, STREET AND IWM DIVISIONS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT ACCEPTING THE GRANT.
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 ratify the submittal of an application to the South Coast Air Quality
Management District to participate in the FY07/08 Mobile Source Reduction
Committee Funding for the On-Road Alternative Fuel Engine Program, in the amount
of $390,000.00 to assist in the purchase of (11) new LNG Refuse and two LNG Dump
trucks to be utilized by the Public Services Department, IWM and Sewer Divisions.
SECTION 2. The City Manager, or his designee, is hereby authorized to
execute a Contract with South Coast Air Quality Management District accepting the
grant, a copy of which is attached hereto and incorporated herein as Exhibit "A."
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October 16, 2008
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
7 meeting thereof, held on the
day of
8 following vote, to wit:
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AYES
NAYS
Council Members:
ESTRADA
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BAXTER
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13 BRINKER
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DERRY
KELLEY
JOHNSON
MCCAMMACK
, 2008, by the
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2008.
day of
October 16. 2008
Patrick J. Morris, Mayor
City of San Bernardino
. South Coast
Air Quality Management District
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Clean Transportation
Funding horn the MSRC
__...____c_
Contract No. MS08014
AS 2766/MSRC ADVANCED TECHNOLOGY HEAVY-DUTY ALTERNATIVE FUEL
ENGINE 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, Califomia
91765-4178, and the City of San Bemardino (hereinafter referred to as 'CONTRACTOR') whose
address is 182 South Sierra Way, San Bemardino, Califomia 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 Califomia (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 Califomia 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 - Statement of Work, expressly
incorporated herein by this reference and made a part hereof of this Contract. CONTRACTOR
warrants that it is well qualified, experienced, and has the expertise to provide such services on
the terms set forth here.
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
Exhibit "A"
RECEIVED
SEP 2 2 2008
FLEET DIVISION
Contract No. MS08014
remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this
Contract.
5. REPORTING
A. PROGRE::;S 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 staff 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 (3D) 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
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Contract No. MS08014
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 staff. 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.
6. TERM - The term of this Contract is for seventy eight (78) months from the date of execution by both
parties, unless terminated earlier as provided for in Clause 7 below entitled Termination, or extended
by modification of this Contract in writing. 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 15. 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
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Contract No. MS08014
South Coast AQMD below. CONTRACTOR shall fumish certificate of self-insurance to: South Coast
Air Quality Management District, Alln: 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 tenninate 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:
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.
10. 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 perfonnance of
this Contract.
11. PAYMENT
A. AQMD shall reimburse CONTRACTOR up to a total amount of Three Hundred Ninety Thousand
Dollars ($390,000) 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 tennination 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 furnished by CONTRACTOR, referencing
the task completed or a percent of work accomplished and detailing line item expenditures as
listed in Attachment 2, Costs by Category, and the amount of charge claimed.
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. AQMD'S payment of invoices shall be subject to the following limitations and requirements:
1. Charges for equipment, material, and supply costs, travel expenses, subcontractors, and other
charges, as applicable, must be itemized by CONTRACTOR. Reimbursement for equipment,
material, supplies, subcontractors, and other charges shall be made at actual cost. Supporting
documentation must be provided for all individual charges (with the exception of direct labor
charges provided by CONTRACTOR).
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Contract No. MS08014
2. CONTRACTOR'S failure to provide receipts shall be grounds for AQMD'S non-
reimbursement of such charges. AQMD may reduce payments on invoices by those charges for
which receipts were not provided.
D. CONTRACTOR must submit final invoice no later than ninety (gO) days after the termination date
of this Contract or invoice may not be paid.
E. An amount equal to ten percent (1 O%) 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.
12. 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."
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 alternative 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.
13. 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 twelve (12)
inches in height and eighteen (1 B) inches in width (Note: a smaller decal may be provided if
CONTRACTOR demonstrates that application of the standard decal is not practicable).
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
Contract No. MS08014
14. 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 retums 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 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 14.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 14.A and 14.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.
15. 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
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Contract No. MS08014
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 So. Sierra Way
San Bernardino, CA 92408
Attn: Don Johnson
16. 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.
17. 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 seQ.), 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.
18. 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.
19. 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.
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Contract No. MS08014
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the
force and effect of an original.
26. 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, California.
27. 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.
28. 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.
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Contract No. MSOS014
29. 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.
30. 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]
9
Contract No. MSOB014
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
By:
By:
Dr. William A. Burke, Chairman, Governing Board
Date:
Date:
ATTEST:
Saundra McDaniel, Clerk of the Board
i ""',
i',.:.., ,~.) Z(f~.~~Vi;
By:
~, ~,
C;::y .:~;;Cf.~.("'J
APPROVED AS TO FORM:
Kurt Wiese, General Counsel
By Ok~~
/IMSRClAdvancedLow-Emission Heavy Duty Aftemative Fuel On-Road Engine Program
22 August 2008
10
Attachment 1
Statement of Work
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number MS08014
Project Description
CONTRACTOR will purchase and place into service thirteen (13) trucks equipped with
advanced, heavy-duty natural gas engines as specified below.
Statement of Work
Vehicles
CONTRACTOR shall purchase thirteen (13) heavy-duty natural gas trucks, equipped
with qualifying engines, as follows:
Vehicles
Life
Expectancy
Vehicle
Operation
Miles Per Year
Eleven (11) refuse trucks, with gross vehicle
weight ratings of at least 14,001 pounds each,
equipped with dedicated natural gas engines
certified by the California Air Resources Board
(CAR B) at or below a NOx standard of 0.2 grams
er brake horse ower-hour Ibh
Two (2) dump trucks, with gross vehicle weight
ratings of at least 14,001 pounds each, 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
6,453 miles
7 years each each
7 years each 600 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.
Attachment 1
Statement of Work - continued
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number MS08014
Project Schedule (based on date of Contract execution)
Task Completion
Order Vehicles Month 4
Submit Public Outreach Plan Month 6
Take delivery of vehicles and place Month 15
into service
Imolement Public Outreach Plan Month 17
Proaress Reports Months 4,7, 10, 13 and 16
Final Report Month 18
Hardware: Thirteen (13) natural gas-fueled 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, no items revert to the AQMD for disposition into the AS 2766
Discretionary Fund account.
2
Attachment 2
Payment Schedule
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number MS08014
Cost Breakdown
Number of AB 2766
Qualifying Incentive Total MSRC Other Funds Total Cost
Vehicle per Unit Costs Applied
Purchases
13 $30,000 $390,000 $2,052,102 $2,442,102
CONTRACTOR shall be reimbursed up to the amounts stated above per vehicle upon
proof of vehicle delivery, vehicle acceptance, and placement of vehicle into service.
Should the actual incremental cost of the alternative fuel engine option be less than
$30,000, CONTRACTOR shall be reimbursed for the actual incremental cost.
3
Human Resources/RioIt M8__ [)MsiOn
300 N. "D" Street
San Berna!dino. CA 92418
linnUvingslon
"18" Resources Director
FI8d Wilson
cay--
CERTIFICATE OF INSURANCE
OR SELF-INSURANCE
In the event of ~ of tho ~ """,roms or polIdes dooIgnaled _. lis tho inlenI of tho City of San
Bernardino 10 maintain 30 daya' prior nollce Ihofeof 10:
MSRC ConIradS Admlnlstulter
South Coast AJr Quality Management Distrk:l
21865 Copley onve
Diamond Bar, CA 91765-4178
The cay 01 San lIeIII8nllno cet1Iios _the foIowing'-- _ or InsuranCe po-. .... in forte:
The City of San Bernardino and the South Coast Air Quality Management District are named as
additional insured insofar as this certificate is concerned.
I-vPE OF COVERAGE UMlTS OF UABlUTY
COMPANY AND POUCY
POUCY NO. PERIOD BodilY Inl,,", 08ma"'"
\AffiIlI1lhensiVe
Gene<aI Uabillty SeIf.JrlsunJd - $1.000.000 ~ Single lin1i1s
Ind. Auto Uabillty
e-ComprehenSive
General LiabilIty
Ind. ~o Liability
WOfl<efs'
Compensation SeII-insuted &_.,. SIaIcJ(oy No CCMlt8lI8
0
T
H
E
R
This ...Ulk./lte Is not V8Iid ..- """'....olg.l8d by III __ .opc.....illlti.... a11he cay 01 San BemanlIno, RIsk Mal_ntllMllon.
Linn LMngsIon ~ ~ ~
-.-- ft
Februarv212007 cayalSanBemanllno k_ .~~~
Dale - Rep...s6.illlti... SIgna\Unl
"or information regarding the above seII'-lnsunInce policies, please oontacl Risk Management ~ 384-5308.
2008-413
Contract No. MS08014
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
By:
Dr. William A. Burke, Chairman, Governing Board
Date:
ATTEST:
Saundra McDaniel, Clerk of the Board
By:
APPROVED AS TO FORM:
Kurt Wiese, General Counsel
By ~~~
CITY OF SAN BERNARDINO
By:
Date:
/IMSRClAdvancedLow-Emission Heavy Duty Memalive Fuel On-Road Engine Program
22 August 2008
10
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