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HomeMy WebLinkAbout05.S- Parks Recreation & Community RESOLUTION(ID# 1636) DOC ID: 1636 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Kevin L. Hawkins M/CC Meeting Date: 03/19/2012 Prepared by: Harriet Myers, (909) 384-5233 Dept: Parks, Recreation&Community Ward(s): 1 Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an MOU with the Center for Community Action&Environmental Justice (CCAEJ) for the Installation and Maintenance of an Air Filtration System at Ruben Campos Community Center. Financial Impact: There is no fiscal impact associated with the approval of the agreement. Upon the expiration of the agreement, the City will be responsible for the replacement of the air filters and continued maintenance of the HVAC equipment. Motion: Adopt Resolution. Synopsis of Previous Council Action: None Background: On November 29, 2010, as a result of a judgment establishing a Reformulated Gasoline Settlement Fund and an Open Grants Program for grants to achieve clean air and fuel efficiency benefits for California consumers, CCAEJ was awarded a grant in an amount not to exceed $1,000,000 to install and maintain high-performance air filtration systems in four schools and one community center in areas heavily impacted by diesel emissions from rail yards and trucks in San Bernardino and Riverside counties and conduct an outreach and education awareness program on diesel emissions and health impacts. Based on discussions with CCAEJ and City staff, the Ruben Campos Community Center was identified as a preferred location for the installation of the high performance air filtration systems due to the close proximity to the BNSF Intermodal Railyard and the associated elevated levels of diesel particulate matter in the atmosphere. C Updated:3/15/2012 by Linda Sutherland C Packet Pg. 300 1636 The scope of the MOU includes a feasibility assessment to determine the type and quantity of air filters currently at the Ruben Campos Community Center; the installation, monitoring, and maintenance of a high performance air filtration system for a period of three years. After the expiration of the term of the agreement, the City will assume responsibility for the replacement of the air filters and the maintenance of the system, in the same manner as is currently in place. The complete scope of work is included in the agreement as Exhibits B&C. City Attorney Review: Sunnortin¢Documents: CCAEJ-City of SB MOU-11-01-2011 (DOCX) RESOLUTION-Center for Environmental Justice (DOC) Updated:3/15/2012 by Linda Sutherland C 1 RESOLUTION NO. O 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF 4 UNDERSTANDING WITH THE CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE FOR THE INSTALLATION AND MAINTENANCE OF AN 5 AIR FILTRATIONS SYSTEM AT RUBEN CAMPOS COMMUNITY CENTER. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager is hereby authorized and directed to execute a Memorandum 9 of Understanding ("MOU") with the Center for Community Action and Environmental Justice for the 10 installation and maintenance of an air filtration system at Ruben Campos Community Center, a copy 11 of which is attached hereto marked Exhibit"A", and incorporated herein in full. 12 SECTION 2. The authorization to execute the above referenced MOU is rescinded if the 13 parties thereto fail to execute it within sixty(60) days of the passage of this Resolution. ©14 15 16 17 18 19 20 21 22 23 24 25 27 yL J S 28 3hq)12- I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF © 2 UNDERSTANDING WITH THE CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE FOR THE INSTALLATION AND MAINTENANCE OF AN 3 AIR FILTRATIONS SYSTEM AT RUBEN CAMPOS COMMUNITY CENTER 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of 2012, by the following vote,to wit: 7 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ 11 JENKINS 12 VALDIVIA 13 SHORETT 14 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 Georgeann Hanna, City Clerk 19 City of San Bernardino 20 21 The foregoing Resolution is hereby approved this day of 2012. 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City Attorney 26 r 27 By e 12 A2i=n_ zs z Version-11-01-2011 MEMORANDUM OF UNDERSTANDING BETWEEN CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE AND CITY OF SAN BERNARDINO REGARDING THE INSTALLATION AND MAINTENANCE OF AIR FILTRATION SYSTEMS This Memorandum of Understanding ("MOU") is made as of this day of by and among Center for Community Action and Environmental Justice ("CCAEJ"), and the City of San Bernardino ("City"), who from time to time herein, shall be referred to individually as "Party" or collectively as"Parties." RECITALS WHEREAS, a judgment has been issued in In re Reformulated Gasoline (RFG) Antitrust and Patent Litigation, MDL Case No. 05-1761 CAS (VBKx) (U.S. District Court Central District of California); WHEREAS, the judgment established a Reformulated Gasoline Settlement Fund and an Open Grants Program for grants to achieve clean air and fuel efficiency benefits for California consumers; WHEREAS, Harry M. Snyder and Carl K. Oshiro have been appointed by the U.S. District © Court, by order dated November 24, 2008, to serve as Cy Pres Grants Administrators ("Administrators") of the Open Grants Program; WHEREAS, on November 29, 2010, the U.S. District Court approved a grant (the "Grant') under the Open Grants Program to CCAEJ in an amount not to exceed $1,000,000 to install and maintain high-performance air filtration systems in four schools and one community center in areas heavily impacted by diesel emissions from rail yards and trucks in San Bernardino and Riverside counties and conduct an outreach and education awareness program on diesel emissions and health impacts (the "Project'); WHEREAS, the Administrators and CCAEJ have entered into a Grant Agreement (the "Grant Agreement'), a copy of which is attached and incorporated hereto as Exhibit E, specifying the terms and conditions of the Grant; WHEREAS, CITY has requested that a community center owned and operated by CITY listed in Exhibit A (hereafter referred to as "Selected Center") be included in the Project and CCAEJ desires to include the Selected Center in the Project; WHEREAS, South Coast Air Quality Management District ("SCAQMD") is currently implementing similar filtration systems programs in schools, which involved conducting a competitive public process to retain an air filtration systems contractor, testing program of air filtration technologies, oversight of the actual installation and maintenance of such filtration systems, and Cgenerating studies regarding the efficacy of such filtration systems; Version-11-01-2011 WHEREAS, at the request of CCAEJ and Administrators, SCAQMD has consented to provide technical assistance, to CCAEJ and Administrators, on the filtration systems program required by the Grant Agreement; and WHEREAS, CITY has the authority to enter into legally binding contracts on behalf of the Selected Center; NOW, THEREFORE, in consideration of the mutual interests and benefits to be derived therefrom,the Parties agree as follows: 1. Recitals. The Recitals to this MOU, above, are hereby incorporated herein and made a part hereof. 2. Performance Criteria. Installation and maintenance of air filtration systems shall meet certain performance specifications based on known achievable performance from the Pilot Study of High Efficiency Particle Filtration for Classrooms ("AQMD Pilot Study'). These performance specifications are based on in-use testing of high-performance panel filters, register-based air purifiers, and multiple stand-alone systems in classrooms for removal efficiency of ultrafine particulate matter (PM), fine PM, and black carbon, and air flow monitoring data from the AQMD Pilot Study. 3. Access and Cooperation. CITY agrees to cooperate with CCAEJ, its technical advisor, © SCAQMD and its contractors in the implementation of the Filtration Systems Program, including, but not limited to, providing reasonable access to the Selected Center to conduct scheduled feasibility assessments to determine if a Center should receive the air filtration system based on technical feasibility and cost-effectiveness, and providing reasonable access at the Selected Center for the installation, monitoring and maintenance of the air filtration systems. Center areas that CCAEJ and its contractors would need to access to implement the Program include common areas, hallways, and rooftops. CCAEJ and its contractors shall use reasonable efforts to minimize the disruption to the Center's functions and activities in the performance of this MOU in accordance with the terms of this MOU. CITY further agrees that the Administrators or their designee may conduct inspections of the Selected Center and examine such records and documents as the Administrators deem necessary to validate payment requests or compliance with the Grant Agreement. 4. Scope of Work. The general scope of work that the Parties anticipate will apply to the Selected Center is set forth in Exhibit B. If the specific circumstances and conditions associated with the Selected Center require additional or different work than specified in Exhibit B, CCAEJ shall submit to CITY for its written approval a separate scope of work for that Selected Center. (A) Scope of Feasibility Assessments. CCAEJ with the technical assistance of SCAQMD shall conduct feasibility assessments in accordance with Section 2 of this MOU and Exhibit B. (B) Installation,Monitoring and Maintenance. Version-11-01-2011 O i. Installation. CCAEJ, through its contractor, shall install the air filtration systems in accordance with Section 2 of this MOU and Exhibit B. The work shall be carried out entirely during non-Center hours unless mutually agreed upon by the parties. The parties agree that CCAEJ's right of entry under this MOU shall be exercised in a manner consistent with the description of work in Exhibit B. During the term of this MOU, CCAEJ shall, at its sole cost and expense, (a) remove all equipment placed on the Selected Center except as otherwise agreed upon in this MOU by the CITY in writing, (b) remove all debris resulting from CCAEJ's activities on the Selected Center, and (c)use best efforts to restore any hardscape or landscaping on the Selected Center disturbed by CCAEJ's activities to its original condition in accordance with codes and regulations current at the time restoration takes place, so long as the restoration will not decrease the efficacy of the installed air filtration systems. ii. Monitoring and Maintenance. CCAEJ, through its contractors, shall monitor the installed air filtration systems and provide maintenance training to CITY maintenance staff in accordance with Exhibit B. CITY, on behalf of the Selected Center, agrees to comply with the upkeep, replacement and maintenance requirements set forth in Exhibit C hereto. (C) Retention of Systems on Expiration and Return of Systems on Termination. i. Upon expiration of this MOU, CITY may keep the installed air filtration systems, including the replacement filters. ii. Upon early termination of this MOU, CITY shall return all air filtration systems equipment to CCAEJ, including the replacement filters. CITY shall cooperate with CCAEJ and CCAEJ's contractors in the removal of the installed air filtration systems. CCAEJ shall be responsible for complying with all codes and regulations current at the time CCAEJ returns the Selected Center to its original condition. (D) Compliance with Environmental Laws. CCAEJ agrees that its performance under this MOU shall be conducted and performed in a good and workmanlike manner and in compliance with all applicable laws and regulations (including, without limitation, all Environmental Laws and requirements of Governmental Authorities). "Environmental Laws" shall mean any and all present and future federal, state and local laws (whether under common law, statute, rule, regulation or otherwise), requirements under permits issued with respect thereto, and other requirements of Governmental Authorities relating to the environment, to any Hazardous Substance, waste, or material or to any activities involving Hazardous Substance, waste or material. "Governmental Authority" shall mean any local, state or federal governmental agency, court, board, bureau or other authority having jurisdiction with respect to the Selected Center and/or the work performed by CCAEJ and it Contractors under this MOU. Version-11-01-2011 O (E) Scheduling. All work at the Selected Center associated with the feasibility assessment and the installation, monitoring and maintenance of the air filtration systems by CCAEJ must be scheduled in advance with CITY and CITY must provide written approval as to the date and time that such work will begin and end prior to commencement of any work by CCAEJ or its contractors. Furthermore, all such work must be completed by CCAEJ or its contractors without interference with any CITY activities or programs. (F) Test Data. All test data and reports related to the monitoring of the air filtration systems and/or evaluation of the functionality or efficiency of the air filtration systems at the Selected Centers must be provided to CITY. (G) Fingerprinting Requirements. In the event that CCAEJ or CCAEJ's agents,contractors, and/or employees enter the Selected Center at a place, time or under circumstances that could result in contact with any minors, CCAEJ's or CCAEJ's agents, contractors, and/or employees right to enter onto the Selected Center is conditioned on compliance with requirements of state law regarding fingerprinting and background checks as set forth in California Public Resources Code Section 5164 and Penal Code Section 11105.3. The certification form attached hereto and incorporated as Exhibit D shall be completed by CCAEJ and its contractor and submitted to CITY prior to entry, or as soon as possible thereafter, and shall be updated by CCAEJ and its contractor as necessary during the term of this MOU. © 5. Insurance. (A) General Liability and Property Damage. CCAEJ agrees to maintain in full force and effect throughout the duration of the MOU a suitable policy or policies of comprehensive general liability and property damage insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with CCAEJ performance, rights or obligations under this MOU. Such insurance shall be in amounts not less than $1,000,000 per occurrence; $1,000,000 for property damage and $3,000,000 for general aggregate. CCAEJ shall ensure that its contractors maintain comparable insurance. (B) Automobile Liability. CCAEJ also agrees to maintain in full force and effect with regard to any vehicles which CCAEJ brings onto the Selected Center a suitable policy or policies of automobile liability insurance with a combined single limit of$1,000,000 per accident. CCAEJ shall ensure that its contractors maintain comparable insurance. (C) Workers' Compensation. CCAEJ shall ensure that its contractors maintain, in full force and effect throughout the term of this MOU, Workers' Compensation insurance in accordance with the laws of California, and employers' liability insurance with a limit of not less than $1,000,000 per employee and$1,000,000 per occurrence. (D) Notice; Additional Named Insureds. All insurance required under this MOU shall be © issued by a company or companies lawfully authorized to do business in California as admitted carriers. CITY shall be designated as an additional insured. Prior to entry, Version-11-01-2011 CCAEJ shall provide CITY with Certificates of Insurance. Each policy of insurance shall: 1) name CITY and its officers, agents and employees as additional insured; 2) state that, with respect to the operations of CCAEJ/CCAEJ's contractors hereunder, such policy is primary and any insurance carved by CITY is excess and non- contributory with such primary insurance; 3) state that not less than thirty (30) days' written notice shall be given to CITY prior to cancellation except for non-payment of any premium which shall be ten (10) days notice; and 4) for CCAEJ's contractors' insurance policies only, waive all rights of subrogation. CCAEJ shall notify CITY in the event of material change in,or failure to renew, each policy. 6. Effective Date: This MOU shall be in full force and effect when signed by all Parties. 7. Term: The term of this MOU is three (3) years, and may be renewed by mutual agreement of the Parties in writing. 8. Termination. Each Party reserves the right to terminate this MOU upon thirty (30) days' written notice, with or without cause. If a Party's decision to terminate is based on a disputed matter of the performance of one or more of the other Parties, then all Parties shall make good faith efforts to resolve any such disputes prior to termination becoming effective. 9. Media/Press Opportunities/Acknowledeement of Support. The Parties shall work cooperatively on any communications to the media, including press statements and press conferences related O to this MOU. The Parties agree that announcements, news releases, annual reports, and other communication materials describing the installation and use of the air filtration systems in the Selected Center shall acknowledge "The project was made possible by a grant from the Reformulated Gasoline Settlement Fund. Created as a result of an antitrust class action, the purpose of the Fund is to achieve clean air and fuel efficiency benefits for California consumers." 10. Notices. All notices pursuant to this MOU 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 any Party to the other.Notice shall be given by certified, express or registered mail, return receipt requested, and shall be effective as of the date of receipt indicated on the return receipt card: CCAEJ: Center for Community Action and Environmental Justice P.O. Box 33124 Riverside, CA 92519 Attn: Penny J. Newman CITY: City of San Bernardino 300 North D Street San Bernardino, CA 92418 Attn: Kevin Hawkins © Any notice pursuant to Section 8 or Section 16 of this Contract shall also be emailed to the following: Version-11-01-2011 © SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Patricia Kwon pkwon @aqmd.gov ADMINISTRATORS Harty M. Snyder hmsnyder @sbcglobal.net Carl K. Oshiro oshirockck@pacbel].net Tanecia Echols taneciaechols(cdgmail.com 11. Force Majeure. No Party shall be liable or deemed to be in default for any delay or failure to perform its obligations under this MOU if such delay or failure results from acts of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such Party's reasonable control, including any mechanical, electronic, or communications failure, but excluding failure caused by a Party's financial condition or negligence. 12. Severability. In the event that any one or more of the provisions contained in this MOU 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 MOU, and the MOU shall then be construed as if such unenforceable provisions are not a part hereof. 13. Indemnification. © (A) Mutual. Each Party shall indemnify and defend the other Party, its directors, officers, agents, or employees against and will hold and save them and each of them harmless from any and all actions, claims, liens, damages to persons or property, penalties, obligations, liabilities, costs or expenses arising out of or in connection with the activities of the indemnifying Party, its contractors, subcontractors, agents, officers,or employees pursuant to this MOU,but excluding such actions, claims,damages to persons or property, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of the other Party. (B) Subcontractors. CCAEJ shall require its contractors to indemnify, hold harmless and defend CITY, its directors, officers, agents or employees against any and all actions, claims, liens, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision or other organization arising out of or in connection with the activities of the contractor, its subcontractors, agents, officers or employees at the Selected Centers pursuant to this MOU,but excluding such actions, claims, damages to persons or property, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of CITY. (C) Administrators. CITY shall also indemnify and hold harmless the Reformulated Gasoline Settlement Fund and Cy Pres Grants Administrators, their employees, agents, and representatives, and successors-in-interest from and against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages arising from the performance of this MOU. © The provisions of this Section 13 shall survive the termination or expiration of this MOU. Version-11-01-2011 O14. Counterparts. This MOU may be executed in one or more counterpart copies. Each counterpart copy when so executed shall be deemed to be an original and all of the counterpart copies together shall constitute one fully executed agreement. 15. Attorneys' Fees. If any legal action is necessary to enforce any of the terms or conditions of this MOU, each party shall bear its own costs and attorneys' fees. 16. Entire MOU. This MOU and all other documents referenced herein shall represent the entire agreement between the Parties with respect to the matters referred to herein, 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 all the Parties This MOU has been reviewed and approved by SCAQMD and Administrators. The sole purpose of SCAQMD's review and approval is to determine to SCAQMD's satisfaction that this MOU will accomplish the purposes of the Grant. Prior to waiving, altering, modifying or amending this MOU, CCAEJ and CITY shall give notice to and obtain the written approval of SCAQMD and Administrators. 17. CITY warrants that it has full authority and control of the Selected Center to assure their compliance with all of the undertakings CITY is making in this MOU. ® This Memorandum of Understanding has been entered into and executed by: Center for Community Action and Environmental Justice By: Date: Penny J. Newman, Executive Director City of San Bernardino By: Date: Charles McNeely, City Manager Approved as to form James F. Penman, City Attorney Version-11-01-2011 EXHIBIT "A" Selected Center The following community center has had preliminary assessments performed by CCAEJ's contractor, IQAir North America, and has been evaluated to be technically feasible. The center will have air filtration installed based on available funds and approval/cooperation from CITY. Ruben Campos Community Center Version-11-01-2011 EXHIBIT`B" General Scope of Work Upon execution of this MOU, CCAEJ, with the technical assistance of SCAQMD, agrees to perform the following tasks: a. CCAEJ, in consultation with CITY, shall select the facilities to receive air filtration systems based on technical feasibility and cost effectiveness. b. CCAEJ will be responsible for daily program management of the contractor's work in the installation and maintenance of air filtration systems. C. SCAQMD will provide technical guidance and expertise as necessary. d. CCAEJ, through its contractor, shall provide training to CITY maintenance staff on the upkeep, replacement and maintenance of the air filtration systems. e. CCAEJ, through its contractor, shall provide the Selected Center that receives the air filtration systems a three-year supply of high-performance replacement filters. Qf. CCAEJ, through its contractor, will conduct air flow testing after installation to verify performance of the filters and stand-alone units and determine appropriate replacement intervals. Air flow testing will be through the use of wireless remote sensors on selected classrooms. g. CCAEJ, through its contractor, will conduct PM monitoring and analysis as necessary up to 6-12 months post-installation to verify satisfactory performance of air filtration systems. h. Troubleshooting assistance on the air filtration systems will be provided by CCAEJ, through its contractor, for three years post-installation. i. CCAEJ shall report on the status of the air filtration implementation program to CITY periodically during the term of the MOU. Version-11-01-2011 O EXHIBIT"C" Maintenance Requirements CITY, on behalf of the Selected Center, agrees to perform the following tasks regarding upkeep, replacement, and maintenance requirements of air filtration systems installed at the Selected Center: a. CITY maintenance staff shall make themselves reasonably available to receive training from CCAEJ or its contractor on filter replacement and basic maintenance on the air filtration systems. CITY maintenance staff will also receive a written maintenance manual documenting procedures on maintaining the air filtration systems. b. CITY maintenance staff shall replace the filters as recommended by CCAEJ or its contractor in accordance with industry standards and based on periodic inspection of the filters or air flow testing data for the term of this MOU or until the supply of filters provided by CCAEJ has been exhausted. C. CITY agrees to keep the air filtration systems in place for the term of the MOU, subject to Section 8 ("Termination"), as long as the systems are performing in a satisfactory condition in terms of air flow and PM removal efficiency. d. CITY agrees to maintain/repair, in accordance with CITY's general maintenance standards, any aspect of the rooms which are required for use by the air filtration systems, including HVAC systems. Version-11-01-2011 ® Exhibit"D" Certification FINGERPRINT REQUIREMENT (ED CODE 45125.1) (Contractor) certifies that pursuant to California Public Resources Code Section 5164, it has conducted criminal background checks, through the California Department of Justice, of all employees providing services to CITY, and that none have been convicted of serious or violent felonies, as specified in Penal Code Sections 11105.3. As further required by California Public Resources Code Section 5164, below is a list of the names of the employees of the undersigned who may come in contact with children. Failure to comply with this law may result in, at CITY's sole discretion, termination of any agreement entered into between CITY and Contractor. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. oBy Title Date Below is a List of Employees Who May Come In Contact With Children