HomeMy WebLinkAbout10- City Administrator CITY OF SAN BER6..ARDINO - REQUEST . DR COUNCIL ACTION
From: FRED WILSON Subject: Resolution authorizing the
Assistant City Administrator execution of an agreement
Dept: with the State for CNG project.
Date: June 18 , 1993
Synopsis of Previous Council action:
f
I
Recommended motion:
Adopt resolution.
Signature
Fred Wilson 5122
Contact person: Phone:
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
JAcct. Description)
Finance:
Council Notes:
CITY OF SAN BERK RDINO - REQUEST r )R COUNCIL ACTION
STAFF REPORT
RECOMMENDATION
It is recommended that the Mayor and Council approve the attached
resolution accepting $25, 100 in federal funding from Caltrans to
purchase one compressed natural gas (CNG) van. In exchange for the
van, the City agrees to use a minimum of ten gallons of CNG per day
by 1995. The City has already entered into a separate agreement
with Caltrans to accept South Coast Air Quality Management District
(AQMD) funding for one CNG van and a subsidy for two original
equipment manufactured CNG trucks. Upon execution of this latest
agreement, the City will have funding from the AQMD and the federal
government to purchase a total of two CNG vans, one from each
funding source. The City must adopt two separate resolutions and
sign two separate agreements because funding is coming from two
sources.
BACKGROUND AND PROJECT DETAILS
Last year, the federal government allocated funding to Caltrans for
a CNG project in San Bernardino County. The project entails
providing CNG vehicles and building a fueling station at the County
Yards, which is already operational. In exchange for the Caltrans
funds, the Police Department has offered a new Crown Victoria to be
converted to CNG. The Fleet Division is also working with Parks
and Recreation on converting a Parks Maintenance pick up truck
scheduled for replacement. The Alternative Transportation Fund
will cover the cost of the conversion on both the police vehicle
and the pick up truck. Vehicle conversions cost approximately
$3 ,500 each.
The CNG vehicles will be fueled at the County fueling station
(located at Third Street and Lena Road) , which is open to the
public 24 hours a day. The City will require vehicle bidders to
provide training hours to selected City mechanics as well.
Additionally, the County will service the vehicles through a
contract, and the vehicles will have a dealer warranty and a
warranty on the conversion equipment.
The van will be available for departments' use during the day and
during commute hours will help the City comply with AQMD Rule 1501
(formerly Regulation XV) by reducing vehicle trips through
vanpooling. Employees who ride the vanpool will be charged a
monthly user fee, and the City will offer a $21 monthly subsidy per
employee. Subsidies are customary for vanpools and follow the the
Alternative Transportation Fund's intent--to give employees
incentives to rideshare. The City's yearly cost to operate the
vanpool will be approximately $2 , 000. The vanpool will be
supported by user fees and the Alternative Transportation Fund
(formerly Pollution Reduction Fund) and will not impact the General
Fund whatsoever. Risk Management is coordinating the purchase of
a separate insurance policy (also supported entirely by the
Alternative Transportation Fund) to protect the City from
liability.
75.0264
Additionally, the project will expedite the transition from a
gasoline-fueled fleet to a fleet of alternative fuel vehicles. If
the project is successful, it will be expanded so that alternative
fuel systems will be considered in future vehicle purchases.
Transitioning the fleet now will position the City to purchase
ultra-low emission vehicles. The California Air Resources Board is
requiring major auto manufacturers to produce these vehicles by the
end of the decade.
Caltrans has furnished a cooperative agreement citing specific
conditions under which the City may accept the funding. Among the
conditions is a requirement to charge a user fee to perpetuate
operation of the vanpool, which will be incorporated in employees'
monthly fee. The City must also provide monthly and annual
financial accounting reports. The City is able to comply with all
the terms of the agreement.
This project will be managed by the Transportation Programs
Coordinator and the Fleet Manager to ensure smooth operation and
compliance.
STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Govemor
DEPARTMENT OF TRANSPORTATION -
DISTRICTS, P.O. BOX 231 �
SAN BERNARDINO, CALIFORNIA 92402
TDD (909) 383-5959 '
June 11, 1993
08-SBd-Various
08800 - 995176
Alternative Fuels and
Vehicles Program
District Agreement No. 8-847
Ms. Mary Fif field
Employee Transportation Coordinator/
Administrative Analyst
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Ms. Fif ield:
Enclosed for execution by the City are three (3) original
Cooperative Agreements, District Agreement No. 8-847, for the
above-referenced project.
Please have the appropriate parties for the City sign and
return all original Agreements. Also, please attach a certified,
notarized Resolution or Minute Decree approving the Agreement and
authorizing the execution of this Agreement by the local agency
official(s) . The Resolution should include a statement that the
same signatures are also authorized to sign any amendment(s) to
the Agreement.
After the Agreement is fully executed, we will return an
original for your records.
If you have any questions, please contact Rich Dennis at
(909) 383-6324 or Sally Rodeman at (909) 383-4541.
Sincerely,
7
jBILL 7BETTNER, Chief
!� Transportation Planning
Public Transportation Branch
1 RESOLUTION
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA TO
3 IMPLEMENT A COMPRESSED NATURAL GAS FUELED VEHICLE PROJECT.
4 WHEREAS, AQMD Rule 1501 requires the City to reduce vehicle trips by its
5
employees; and,
6
7 WHEREAS, the City desires to further its trip reduction program by implementing a van
8 pooling program; and,
9 WHEREAS, the State of California, pursuant to federal guidelines, has enacted a
10 program to provide funds for the purpose of implementing programs to reduce air pollution from
11 motor vehicles, including the purchase of compressed natural gas ("CNG") fueled vehicles; and,
12
WHEREAS, the City desires to transition its fleet to alternative fuel vehicles; and,
13
WHEREAS, the City is eligible to receive federal funding via Caltrans to purchase CNG
14
15 fueled vehicles,
16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
17
18 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said
19 City a Cooperative Agreement with the State of California, under the State's Alternative Fuels
20 and Vehicles Program, a copy of which is attached hereto and incorporated herein, marked
21 Exhibit "A".
22 SECTION 2. The above-referenced Agreement may only be amended by action of the
23
Mayor and Common Council.
24
25 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded
26 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
27 resolution.
28
1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
THE STATE OF CALIFORNIA TO IMPLEMENT A COMPRESSED NATURAL GAS
2 FUELED VEHICLE PROJECT.
3
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 thereon, held on the
6 day of , 1993, by the following vote, to wit:
7 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
8
NEGRETE
9
CURLIN
10
11 HERNANDEZ
12 OBERHELMAN
13 OFFICE VACANT
14 POPE-LUDLAM
15
MILLER
16
17
18 City Clerk
19
The foregoing resolution is hereby approved this day
20 of , 1993.
21
22 TOM MINOR, Mayor
City of San Bernardino
23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
26
27 By; 2
28
f
0
08-SBd-Various
Alternative Fuels and Vehicles Program
08800-995176
District Agreement No. 08-847
COOPERATIVE AGREEMENT
This AGREEMENT entered into on is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as "STATE", and
CITY OF SAN BERNARDINO, a body politic and a municipal corporation
of the State of California, referred to herein as "CITY".
RECITALS
(1) STATE has undertaken an extensive Compressed Natural Gas (CNG) Fueled Vehicle
Project to implement a number of transportation management strategies aimed at reducing traffic
congestion while improving mobility, safety, air quality and energy efficiency in a cost-effective
manner and will provide funds for the purpose of implementing and monitoring project to reduce
air pollution from motor vehicles.
(2) STATE contemplates augmenting a Compressed Natural Gas (CNG) Fueled Vehicle
Project by supporting efforts which focus on the Interstate l0/State Route 60 and Interstate 15/State
Route 215 corridors in San Bernardino County, referred to herein as 'PROJECT", and is willing
to deposit with CITY a fixed lump sum, referred to herein as "FUNDS", to be used for the
purpose of purchasing natural gas vehicles.
(3) STATE contemplates studying and monitoring PROJECT for purposes of statewide
application of ridesharing and utilizing clean fueled motorized vehicles.
(4) This Agreement supersedes any prior Memorandum of Understanding (MOU)relating to
PROJECT.
(5) The parties hereto desire to define herein the terms and conditions under which said
PROJECT will be developed,financed, and implemented.
SECTION I
CITY AGREES:
(1) To implement PROJECT in accordance with the Compressed Natural Gas (CNG) Fueled
Vehicle Project described in APPENDIX A, attached and made part of this Agreement.
(2) To bill STATE within thirty (30) days for FUNDS after full execution of this Agreement.
(3) To purchase by October 1, 1993,a minimum of two (2)dedicated CNG original equipment
manufactured commuter vans.
1
District Agreement No. 08-847
(4) To provide STATE monthly progress reports after the receipt of FUNDS by the 15th of
each month through January 1994, and annual progress reports through December 31, 1997.
These reports will include efforts expended and underway, and related expenses during the current
reporting period. These reports also will include the PROJECT effectiveness in reducing commuter
trips, all maintenance and repair records, major fuel-related problems and issues and
recommendations for future natural gas vehicle efforts within CITY.
(5) To provide STATE, no later than November 1, 1993, with detailed statement of final
accounting of all expenditure of FUNDS provided under this Agreement. Any FUNDS not
expended will be returned to STATE by December 1, 1993. Should CITY qualify for CNG
vehicle purchase rebates or credits from a third party, those funds or credits will be applied to the
purchase price to reduce the matching shares of both CITY and STATE.
(6) To assume ownership and liability responsibilites for all vehicles, and to maintain all
vehicles at CITY's own cost and expense, and make no claims against STATE for any portion of
such expenses.
(7) To notify STATE in writing thirty (30)days prior to terminating PROJECT before the date
of December 31, 1997, and to provide a report explaining all reasons for termination. Any amount
of the STATE's deposit not spent will be returned within thirty (30)days from date of notification
to STATE.
(8) If CITY terminates PROJECT after vehicles are purchased but before the date of December
31, 1997, CITY will reimburse STATE for STATE's 100 percent share of the vanpool vehicles at
the current wholesale value or deliver to STATE the legal title to vehicles acquired under this
Agreement free and clear of all encumberances detrimental to STATE's present and future uses.
Acceptance of said title by STATE is subject to a review in STATE's name to be provided and paid
for by CITY.
(9) Upon the PROJECT termination date of December 31, 1997, CITY will retain legal title to
vehicles.
SECTION Il
STATE AGREES:
(1) To implement PROJECT in accordance with the Compressed Natural Gas (CNG) Fueled
Vehicle Project described in APPENDIX A, attached and made pan of this Agreement.
(2) To deposit with CITY, within thirty (30)days of STATE's receipt of billing from CITY the
amount of$25,100, which figure represents the fixed lump sum of FUNDS available to fund
PROJECT.
SECTION III
IT IS MUTUALLY AGREED:
(1) All obligations of STATE under the terms of this Agreement are contingent upon the
appropriation of resources by Legislature.
2
District Agreement No. 08-847
(2) The parties hereto will carry out PROJECT in accordance with APPENDIX A, attached
and made part of this Agreement, which outlines the responsibilities of the parties hereto. The
attached APPENDIX A may in the future be modified in writing to reflect changes in the
responsibilities of the respective parties. Such modifications shall be concurred with by the
CITY's representative and STATE's District Director for District 8 and become part of this
Agreement, after execution by the respective officials of the parties, as an amendment to this
Agreement.
(3) Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully
defend, indemnify and save harmless the State of California, officers and employees from all
claims, suits or actions of every name, kind and description brought for or on account of injury (as
defined in Government Code Section 810.8), occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority or jurisdiction delegated to
CITY under this Agreement.
(4) Neither CITY nor any officer or employee thereof is responsible for any damage or liability
occuring by reason of anything done or omitted to be done by STATE under or in connection with
any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood
and agreed upon that, pursuant to Government Code Section 895.4, STATE shall fully defend,
indemnify and save harmless the CITY from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government Code Section 810.8)
occurring by reason of anything negligently done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction delegated to STATE under this Agreement.
(5) No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not incorporated
herein shall be binding on any of the parties hereto.
(6) Operation of vanpools by CITY using vans purchased with FUNDS will conform to the
purpose of APPENDIX A and federal and state vanpool guidelines.
(7) CITY and STATE will retain or cause to be retained and will make available for audit or
copying by CITY, STATE or other government auditors for a period of three (3) years from date
of termination of this Agreement, by written notice or termination of this Agreement by final annual
report due December 31, 1997, all records and accounts relating to PROJECT.
(8) The Contract Cost Principles and Procedures, 48 CFR, Chapter 1, Part 31, and 49 CFR,
Part 18, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments
are applicable to this Agreement.
3
District Agreement No. 08-847
(9) Unless earlier terminated by written notice, this Agreement shall terminate upon receipt and
acceptance by STATE of final annual report due December 31, 1997 for PROJECT.
STATE OF CALIFORNIA CITY OF SAN BERNARDINO
Department of Transportation
JAMES W. VAN LOBEN SELS By
Director of Transportation Mayor
By Attest:
KEN STEELE, District Director
APPROVED AS TO FORM
APPROVED AS TO FORM AND PROCEDURE: r NID LEGAL CONTENT.
Attorney, Department of Transportation
CERTIFIED AS TO FUNDS AND PROCEDURE:
District Accounting Administrator
4
District Agreement No. 08-847
APPENDIX A
WORK PLAN FOR THE CITY OF SAN BERNARDINO
COMPRESSED NATURAL GAS FUELED VEHICLE PROJECT
OPENING STATEMENT
The following document summarizes a proposed work plan for the demonstration of City of
San Bernardino Compressed Natural Gas (CNG) Fueled Vehicle Project.
The structure of the proposal contains the goals, objectives and requirements.
GOAL
PROJECT is to promote the use of cleaner fueled commuter rideshare vehicles as a traffic demand
management strategy while working toward meeting federal and state energy goals and air quality
standards. The commitment to purchase and operate these CNG vehicles in the City of San
Bernardino is essential to maintaining a high volume CNG fueling station.
OBJECTIVE
PROJECT is to purchase by October 1, 1993, a minimum of one (1) dedicated CNG commuter
van, original equipment manufactured for the City of San Bernardino with FUNDS. This will be
matched by vehicle(s) using a minimum of ten (10) equivalent gallons of CNG fuel daily,
purchased by June 30, 1995. CITY match will be contingent upon availability of local funds for
vehicle purchases.
REQUIREMENTS-VANS
The cost of acquiring a vanpool vehicle is eligible under the following conditions:
The vanpool vehicle is a four-wheeled vehicle manufactured for use on public
highways for transportation of 7-15 passengers (excluding passenger cars which do
not meet the 7-15 passenger criteria and buses); and
Provision is made for repayment of the acquisition cost to the project within the
passenger-service life of the vehicle. Repayment may be accomplished through the
charging of a reasonable user fee based on an estimated number of riders per
vehicle and the cost of reasonable vehicle depreciation, operation, and maintenance.
Repayment is not required under the following conditions:
When vehicles are purchased as demonstrator vans for use as a marketing device. Vehicles
procured for this purpose should be used to promote the vanpool concept among
employees, employers, and other groups by allowing potential riders and sponsors to
examine commuter vans; or
When vehicles are purchased for use on a trial commuting basis to enable people to
experience vanpooling first hand. The trial period must be limited to a maximum of
two months. That part of the user fee normally collected to cover the capital or ownership
5
0
District Agreement No. 08-847
cost of the van would be eligible for reimbursement as a promotional cost during the limited
trial period. As with established vanpool service, all vehicle operating costs must be borne
by the user(s) during the trial period.
PROJECT BUDGET
Estimated contributions: STATE $25,100
CITY $50,000
6