HomeMy WebLinkAbout2011-298
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2011-298
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
MOU WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT,
SCAQMD, TO SUPPORT THE CLEAN COMMUNITY PLAN.
WHEREAS, in 2009, AQMD applied for a $3,350,000 award and was awarded
$2,913,123 from the US EPA's 2010 Appropriations Act Funding under the Targeted Air Shed
Grant Program to reduce air pollution in the nation's areas with the highest levels of ozone or
particulate matter 2.5 microns (PM2.5) exposure.
WHEREAS, On November 05,2010 the SCAQMD's Governing Board approved the
2010 Clean Communities Plan which includes a series of measures to address cumulative air
toxins in communities and neighborhoods.
WHEREAS, On March 4,2011 the SCAQMD Board recognized revenue from the U.S.
EP A Targeted Air Shed Grant program to implement localized incentive programs for reduction
of toxic air contaminants and criteria air pollutants.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby
authorize the City Manager to execute on behalf of the City of San Bernardino a Memorandum
of Agreement Regarding Implementation of Targeted Air Shed Grant Projects between the City
of San Bernardino and the South Coast Air Quality Management District, SCAQMD, a copy of
which is attached hereto as Exhibit A and incorporated herein by this reference.
III
III
/II
-1-
~".' _~_....""",",_""M""_~"""~""""","'''",'',,,,,,me;-"_:b~''>i.'''''0.''''''_,#,;",.."".__~;;t<__"~--"*"~""-'"
2011-298
1
2
3
4
5
6
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
MOU WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT,
SCAQMD, TO SUPPORT THE CLEAN COMMUNITY PLAN.
SECTION 2. The Mayor and Common Council of the City of San Bernardino hereby
authorize the City Manager, or his designee, to execute any additional documents necessary for
7 the implementation of the program.
8
9
10
11
12 III
SECTION 3. The authorization to execute the above-referenced Memorandum of
Agreement is rescinded if it is not executed within ninety (90) days of the passage of this
Resolution.
13 III
14 III
15
III
16
17
18
19
20
21
22
23 III
III
III
III
III
III
24 III
25
III
26
27
28
III
III
-2-
2011-298
1
2
3
4
5
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SANBERNARDINO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
MOU WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT,
SCAQMD, TO SUPPORT THE CLEAN COMMUNITY PLAN.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a Regular
meeting thereof, held on the
7
8
9
10
11
12
13
14
15
16
17
18
19
20
7th day of November
, 2011 by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
x
MARQUEZ
JENKINS
x
x
BRINKER
x
SHORETT
x
KELLEY
x
JOHNSON
x
MCCAMMACK
~~.~
Rac el G. Clark, City Clerk
21 The foregoing resolution is hereby approved this /tf)~ day of November
2011.
22
23
24
25
26
27
28
~~
City of San Bernardino
Approved as to form:
By:
JAMES F. PENMAN,
City Attorney
-3-
2011-298
MEMORANDUM OF AGREEMENT REGARDING
IMPLEMENTATION OF TARGETED AIR SHED GRANT PROJECTS
This Memorandum of Agreement ("MOA") is entered into this 7th day of
November ,2011 by and between the South Coast Air Quality Management District
("SCAQMD"), and the City of San Bernardino, a municipal corporation ("City").
1. Backaround and Proiect Descriotion
On March 4, 2011 the SCAQMD Board recognized revenue from the U.S. EPA
Targeted Air Shed Grant program. The grant funding will be used to implement
Localized Incentive Programs for Reduction of Toxic Air Contaminants and Criteria Air
Pollutants. The grant includes eight incentive programs to assist in implementation of
two pilot studies in San Bernardino and Boyle Heights that are part of the AQMD's 2010
--GleancCommunities Plan. These eight programs are:
. Vehicle Maintenance Brake Repair
. Auto Refinishing Spray Equipment
. Commercial Green Cleaners
. Boiler Efficiency
. Fireplace Gas Log Buy-Down
. Architectural Coating Rebates
. Yard Equipment Exchange - Residential Cordless Lawnmower
. Yard Equipment Exchange - Commercial Leaf Blower
SCAQMD and City share a mutual interest to identify strategies to reduce.exposures of
criteria and toxic pollutants in the City. SCAQMD and City desire to accelerate clean air
efforts in the area and help San Bernardino residents and businesses by offsetting
some of the costs of pollution reduction strategies while also promoting more livable
neighborhoods and helping local businesses incorporate newer equipment and
technologies (the "Projecf').
This Project will result in a distribution of near-zero emission technologies to city
municipal buildings, schools and local businesses. Specific technologies include Super-
Compliant architectural coatings and Clean Air Choices Cleaner certified janitorial
cleaners provided to the City and school district, and laser targeting spr~y equipment
and aqueous brake cleaning systems to local businesses. SCAQMD will cost share
with the City by providing a portion of the funding to purchase Super-Compliant
architectural coatings on City projects and a portion of the funding to use automated
dilution systems for Clean Air Choices Cleaner certified janitorial products.
2. Puroose of MOA
The sole purpose of this MOA is to establish the mutual agreement of the parties to
jointly participate in this Project and the transfer of funds to the City by SCAQMD. This
MOA does not address the details regarding the Project technology.
""~'"<..",,,'."",",""""""~__,~,"',~,_ """"i'''''__;-''''''''__'~'''''_''''''''''''''''''''"''''''C''''-'''~''--'~'''''''_.;o.;,..'''~_~"o,;'",,"".~.....,
2011-298
3. Joint Outreach Commitment
SCAQMD and City agree to develop joint outreach for auto refinishing and auto repair
shops, and with the local school districts, to make those businesses and school districts
aware of the opportunity to participate in the Project. The SCAQMD and City also agree
on conducting joint follow-up to evaluate the success of the Project and determine the
environmental benefits.
4. Proiect Cost and Fundina
SCAQMD will provide to the City, at no cost, Super-Compliant architectural coatings in
an amount not to exceed $200,000. Super-Compliant coatings are defined as
architectural coatings subject to SCAQMD Rule 1113 that have a VOC content of. 1 0 gll
or less. The City shall provide in-kind contributions of an equal amount in the form of
staff and equipment necessary to apply the Super-Compliant architectural coatings.
SCAQMD will also provide one.,.half of the purchase price, up to $200 per dilution
system, to the City to purchase and install automated dilution systems for Clean Air
Choices Cleaner certified janitorial cleaners in an amount not to exceed $10,000. The
City may include asso.ciated labor and installation as in-kind costs towards the purchase
cost.
After the effective date of this MOA, as defined in Paragraph 7 below, the City shall
send to SCAQMD monthly written invoices requesting SCAQMD's contribution, and
SCAQMD shall remit payment to the City in said "amount within 30 days of receipt of the
invoices.
5. Ownershio. Use and Accessibilitv
Supplies and equipn-:'ent purchased in conjunction with the Project shall be owned by
the City. In the event of personal injury, property damage or other loss arising out of the
use of the supplies and equipment by the City, its officers, agents, employees or any
other persons, the parties agree that the City shall indemnify, protect, defend, and hold
harmless the SCAQMD and any and all of its board members, officers, agents, or
employees from and against all claims, charges, demands, costs, expenses (including
counsel fees), judgments, civil fines and penalties, liabilities or losses of any kind or
nature whatsoever which may be sustained or suffered by or secured by reason of any
damage to property, injury to persons, or any action that may arise out such usage.
6. Modification
Modifications to this MOA shall only be effected by written agreement between
SCAQMD and the City.
,..<.<~._,._,*""",,,,,--,,,,,,,,,,,,,,,,,*,,,,-~,,,"..;,,..,,.,.,._>
2011-298
7. Effective Date and Termination
This MOA shall become effective when it has been signed on behalf of City and
SCAQMD. ThisMOA shall terminate on June 30, 2014. In the event that the Project
does not commence or is not completed, any unexpended funds collected by the City
from the SCAQMD will be returned by the City to the SCAQMD within 90 days of notice
of termination. Either party may terminate its participation in this MOA by providing 30
days written notice to the other party.
8. Assianment
Neither party may assign (by operation of law or otherwise) any. of its rights or
obligations hereunder without the prior written consent of the other party.
9. No Waiver
It is understood and agreed that no failure or delay by either party in exercising any right,
power or privilege available hereunder or under applicable law shall operate as a waiver
thereof, nor shall any single or partial exercise thereof preclude any other or further
exercise thereof the exercise of any other such right, power or privilege.
10. . Entire Aareement
This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof.. This Agreement supersedes any previous agreement or
contractual provisions between the parties to the extent they relate to the subject matter
hereof.
11. Governina Law
The formation, interpretation and performance of this Agreement shall be governed by
the laws of the State of California.
12. Attornevs' Fees
If any action at law or in equity is brought to enforce or interpret the provisions of this
Agreement, each party shall bear its own costs, expenses (including expert testimony)
and reasonable attorneys' fees, including allocated costs and fees of in-house counsel.
',"~'d~"",_"",,_,",";"~~'~~"""""'-~";"""."'~'
2011-298
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be
executed as of the day and year first hereinabove written.
THE CITY OF SAN BERNARDINO,
a municipal corporation,
By Charles McNeelv. City Manaaer
Date
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
By
Title
Date
2011-298
APPROVED AS TO FORM:
James Penman, San Bernardino City Attorney
By
Date
ATTEST:
Rachel. Clark, San Bernardino City Clerk
By
Date
APPROVED AS TO FORM:
Kurt Weise, General Counsel
By
Date
ATTEST:
Saundra McDaniel, Clerk of the Board
By
Date
File: C:\UserslmmorrislDocuments\epa grant