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HomeMy WebLinkAbout19-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lynn Merrill, Director ORIGlNAL Subject: Resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the City a Contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-UCNG Fueling station at the City Corporate Yard. Dept: Public Services Date August 11, 2003 Meeting Date: August 18, 2003 January 7,2002 Reso 2002-12 Ratification for submittal of application for funds from SCAQMD $143,208 Recommended Motion: Adopt resolution t:.1t4 , Signature Contact person Lynn Merrill, Director Phone: 5140 Supporting data attached: Ward: 3rd Ward FUNDING REQUIREMENTS: Amount: o Finance: wd~) fdi" Council Notes: .pf!k2!tO<-<-.3l7 15 (i'5jCY5, NrJ'-f' cr /d /0., -e I~ ) / Vr~~ ?tD~ '2(P1 Agenda -=tf) 9 r )5/03 '. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: A resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the City a Contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-UCNG Fueling station at the City Corporate Yard. Background: The South Coast Air Quality Management District has adopted various District Rules that mandate municipalities that operate fleets of medium and heavy-duty trucks must purchase vehicles that operate on alternative fuels such as Compressed Natural Gas (CNG) and Liquified Natural Gas (LNG). Over the last three years, the City has been successful in obtaining various grants totaling $1,125,952 to fund the design and construction of a LNG- UCNG Fueling Station for the City Yard. On January 7, 2002, the Mayor and Common Council ratified a grant application for $143,208.00 from the South Coast Air Quality Management District as part of the $1,125,952 in grant funds, (Attachment 1). A letter dated November 6,2002 from AQMD transmitted the attached contract and was received by the Public Services Department on November 7, 2002, (Attachment 2 and 3). Due to the nature of the project, it had been determined by the previous City Engineer that this project fit the scope of a Public Works project and this contract was forwarded to the Development Services Department for processing and preparation of an agenda item. The contract was inadvertently filed and was just recently discovered on July 29, 2003. Staff contacted the AQMD Contract Administrator on August 6, 2003 and was advised that the contract was still valid. Due to delays in the project relating to environmental issues and concerns, the Contract Administrator advised staff to make pen and ink changes to two pages of Attachment 1 of the contract as it relates to the Statement of Work, specifically the dates that various actions and items would be completed. Staff made these changes to the attached contract and is now asking for authorization to execute this contract in order to receive this funding. Financial Impact: The following table summarizes the funding sources for construction of the LNG-L1CNG Fueling Station at the City Corporate Yard: Funding Source Funding Amount Percent of Project Cost SAN BAG CMAQ $ 911,859 73% MSRC Match $ 70,885 '6% Refuse Funds $ 124,100 10% SCAQMD RFP - P2202-f9 $ 143,208 11% TOTAL $ 1,250,052 100% Recommendation: Adopt resolution. . > CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lynn Merrill, Director ORIGINAL Subject: Resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the City a Contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-UCNG Fueling station at the City Corporate Yard. Dept: Public Services Date August 11, 2003 Meeting Date: August 18, 2003 January 7,2002 Reso 2002-12 Ratification for submittal of application for funds from SCAQMD $143,208 Recommended Motion: Adopt resolution I:.;!I Contact person Lynn Merrill, Director Phone: 5140 Supporting data attached: Ward: 3rd Ward FUNDING REQUIREMENTS: Amount: o Finance: ~~/dL Council Notes: .ptaJtOcWL7 3 (6/0\ #r:l'-f; '1 /d lej -t! I~ V-t:7~~ ?rDK '2& I Agenda -#/? r /5/QJ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: A resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the City a Contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-UCNG Fueling station at the City Corporate Yard. Background: The South Coast Air Quality Management District has adopted various District Rules that mandate municipalities that operate fleets of medium and heavy-duty trucks must purchase vehicles that operate on alternative fuels such as Compressed Natural Gas (CNG) and Liquified Natural Gas (LNG). Over the last three years, the City has been successful in obtaining various grants totaling $1,125,952 to fund the design and construction of a LNG- UCNG Fueling Station for the City Yard. On January 7, 2002, the Mayor and Common Council ratified a grant application for $143,208.00 from the South Coast Air Quality Management District as part of the $1,125,952 in grant funds, (Attachment 1). A letter dated November 6,2002 from AQMD transmitted the attached contract and was received by the Public Services Department on November 7, 2002, (Attachment 2 and 3). Due to the nature of the project, it had been determined by the previous City Engineer that this project fit the scope of a Public Works project and this contract was forwarded to the Development Services Department for processing and preparation of an agenda item. The contract was inadvertently filed and was just recently discovered on July 29, 2003. Staff contacted the AQMD Contract Administrator on August 6, 2003 and was advised that the contract was still valid. Due to delays in the project relating to environmental issues and concerns, the Contract Administrator advised staff to make pen and ink changes to two pages of Attachment 1 of the contract as it relates to the Statement of Work, specifically the dates that various actions and items would be completed. Staff made these changes to the attached contract and is now asking for authorization to execute this contract in order to receive this funding. Financial Impact: The following table summarizes the funding sources for construction of the LNG-UCNG Fueling Station at the City Corporate Yard: Funding Source Funding Amount Percent of Project Cost SAN BAG CMAQ $ 911,859 73% MSRC Match $ 70,885 '6% Refuse Funds $ 124,100 10% SCAQMD RFP - P2202-19 $ 143,208 11% TOTAL $ 1,250,052 100% Recommendation: Adopt resolution. . > 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 Attachment 1 RESOLUTION NO. 2002-12 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FOR RA TIFICA nON OF A GRANT APPLICATION TO HELP FUND A PUBLIC-ACCESS LNGILCNG FUELING FACILITY WHEREAS, The South Coast Air Quality Management District (SCAQMD) has extended a Request for Proposal for the Development of LNG Refueling Stations in the South Coast Air Basin. This grant will provide cost-share funds to assist public and private fleets to establish LNG-UCNG fuel dispensing facility projects for public access in the four county areas. NOW, THEREFORE BE IT RESOLVED that the Mayor and Common Council of the City of San Bernardino ratify the submission of an application for a grant in the amount of $143,208 from the South Coast Air Quality Management District to help fund a public-access LNG/LCNG Fueling Facility. 11/ 11/ 11/ 11/ 11/ III 11/ 11/ 11/ "'" '" 'iI' 2002-12 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FOR RATIFICATION OF A GRANT APPLICATION TO HELP FUND A 2 PUBLIC-ACCESS LNG/LCNG FUELING FACILITY 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 5 ~ day of January ,2002, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN 7 ESTRADA X 8 LIEN X 9 MCGINNIS X 10 SCHNETZ X II SUAREZ X 12 ANDERSON --- 13 MCCMMACK -- 14 ABSENT X X 15 16 17 18 19 ~~k~i~ The foregoing resolution is hereby approved this '-('" d~~~_O( January ,2002. 20 Approved as to Form and legal content: , d' h Valles, Mayor Cit of San Bernardino' 21 JAMES F. PENMAN, 22 City Attorney 23 24 By: ~ 25 0 7-.f~ 26 27 28 I , . i' j i i; j: L Attachment 2 South Coast Air Quality Management District 21865 E. Copley Drive, Diamond Bar, CA 91765-4182 (909) 396-2000' www.aqmd.gov .~11 , . ...i_~,.~ November 6, 2002 Ms. Lynn Merrill City of San Bernardino Public Services Department 300 North D Street San Bernardino, CA 92418 RE: CONTRACT NO. 03100 Dear Ms. Merrill: Enclosed herewith are two originals of the above-mentioned contract in the amount of $143,208 as cost-share for the purchase and installation ofa LNG-L1CNG fueling station at your San Bernardino facility. Please have both originals signed and returned to my attention at your earliest convenience. Once the contract is fully executed by both parties, one original will be sent to you for your records. If you have any questions regarding the contract, please contact me by telephone at 909 396-3237 or bye-mail at dramirez@aqmd.gov. Respectfully, Ckt~ 0 J2{t,Jy~~ Drue A. Ramirez Contracts Science & Technology Advancement Idar OVERNIGHT ~. Enclosures '"' ",- OO~~~O\Y1I1@ NOV - 7 2002 a:cu 130:41etter DIRECTOII PlJ8UC &EIlVICB I e e e 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 REso~~rl A RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR THE RECEIPT OF GRANT FUNDS IN THE AMOUNT OF $143,208 FOR CONSTRUCTION OF THE lNG-L1CNG FUELING STATION AT THE CITY CORPORATE YARD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO AS FOllOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to execute on behalf of said City, a Contract between the City of San Bernardino and the South Coast Air Quality Management District for grant funds in the amount of $143,208 for construction of the LNG-L/CNG Fueling Station to be located at the City Corporate Yard, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference in its entirety. SECTION 2. The Contract shall reference this Resolution No. 2003- and shall read, "Grant Funds for construction of LNG-L/CNG Fueling Station at City Corporate Yard in the amount of $143,208", and shall incorporate the terms and conditions of the Contract which is on file in the City Clerk's Office. SECTION 3. The authorization to execute the above referenced Contract is rescinded if not issued within sixty (60) days of the passage of this resolution. /1/ /1/ /1/ III III August 28, 2003 YLCJ ' 19 q II S-/63 It It e 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 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR THE RECEIPT OF GRANT FUNDS IN THE AMOUNT OF $143,208 FOR CONSTRUCTION OF THE LNG-L1CNG FUELING STATION AT THE CITY CORPORATE YARD. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2003. day of Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: ~ T/~ o August 28, 2003 Contract No. 03100 . [;] el!ll e e South Coast Air Quality Management District This Contract consists of 16 pages. 1. PARTIES. The parties to this Contract are the South Coast Air Quality Management District (referred to here as "AQMD") whose address is 21865 East Copley Drive, Diamond Bar, California 91765, and City of San Bernardino (referred to here as "CONTRACTOR") whose address is Public Services Department, 300 North D Street, San Bernardino, California 92418. 2. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California. AQMD is authorized to enter into this Contract under California Health and Safety Code Section 40489. AQMD desires to contract with CONTRACTOR for services described in Attachment 1 . Statement of Work, attached hereto and made a part hereof. CONTRACTOR warrants that it is well-qualified and has the experience to provide such services on the terms set forth here. B. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board. C. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney. D. CONTRACTOR agrees to obtain the required licenses, permits, and all other appropriate legal authorizations from all applicable federal, state and local jurisdictions and pay all applicable fees. 3. PERFORMANCE REQUIREMENTS A. CONTRACTOR warrants that it holds all necessary and required licenses and permits to provide these services. CONTRACTOR further agrees to immediately notify AQMD in writing of any change in its licensing status. B. CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 . Statement of Work. All reports shall be submitted in an environmentally friendly format: recycled paper; stapled, not bound; black and white, double-sided print; and no three-ring, spiral, or plastic binders or cardstock covers. AQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. C. CONTRACTOR shall perform all tasks set forth in Attachment 1 - Statement of Work, and shall not engage, during the term of this Contract, in any performance of work that is in direct or indirect conflict with duties and responsibilities set forth in Attachment 1 - Statement of Work. D. CONTRACTOR shall be responsible for exercising the degree of skill and care customarily required by accepted professional practices and procedures subject to AQMD'S final approval which AQMD will not unreasonably withhold. Any costs incurred due to the failure to meet the foregoing standards, or otherwise defective services which require re-performance, as directed by AQMD, shall be the responsibility of CONTRACTOR. CONTRACTOR'S failure to achieve the performance goals and objectives stated in Attachment 1- Statement of Work, is not a basis for requesting re-performance unless work conducted by CONTRACTOR is deemed by AQMD to have failed the foregoing standards of performance. I Exhibit "A" e e e9 Contract No 03100 E. CONTRACTOR shall ensure, through its contracts with any subcontractor(s), that employees and agents performing under this Contract shall abide by the requirements set forth in this paragraph. 4. CO-FUNDING A. CONTRACTOR shall obtain cofunding as follows: SAN BAG CMAQ, Nine Hundred Eleven Thousand Eight Hundred Fifty Nine Dollars ($911,859) and MSRC, Seventy Six Thousand Seven Hundred Ninety Two Dollars ($76,792) B. If CONTRACTOR fails to obtain funding in the amount(s) referenced above, then AQMD reserves the right to renegotiate or terminate this Contract. C. CONTRACTOR shall provide cofunding in the amount of One Hundred Eighteen Thousand One Hundred Forty One Dollars ($118,141) for this project. If CONTRACTOR fails to provide this cofunding, then AQMD reserves the right to renegotiate or terminate this Contract. 5. TERM - The term of this Contract is from the date of execution by both parties to December 31,2009, unless further extended by amendment of this Contract in writing. No work shall commence until this Contract is fully executed by all parties. 6. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the 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 the Contract. The nonbreaching party shall either 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 Paragraph 12. The nonbreaching party reserves all rights under law and equity to enforce this Contract and recover any damages. AQMD reserves the right to terminate this Contract at any time for nonbreach, and for the convenience of AQMD for any reason judged sufficient by AQMD. AQMD will reimburse CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all noncancellable commitments incurred in performance of this Contract through the effective date of termination for any reason other than breach. 7. INSURANCE - CONTRACTOR is permissibly self-insured and will maintain self-insurance in accordance with applicable provisions of California law as evidenced by certificate of self-insurance. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management District, Attn: Human Resources, Workers Safety & Risk Management Unit. Include the AQMD Contract Number on the face of the certificate. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR 8. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, indemnify, and defend 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 as a result of the performance of this Contract. PAYMENT - AQMD shall pay CONTRACTOR a fixed price of One Hundred Forty Three Thousand Two Hundred Eight Dollars ($143,208) for station components identified in Attachment 1 - Statement of Work. Payment shall be in accordance with Attachment 2 - Payment Schedule, attached hereto and made a part 2 Exhibit "A" Contract No 03100 . hereof. Payment shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an invoice prepared and furnished by CONTRACTOR showing services performed and referencing tasks and deliverables as shown in Attachment 1 . Statement of Work, and the amount of charge claimed. Each invoice 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, Attn: Larry Watkins, Technology Advancement 10. REFUELING STATION OPERATIONAL AVALlABILlTY - CONTRACTOR is obligated to comply with the alternative.fuel refueling infrastructure Operational Availability requirements set forth as follows: A. CONTRACTOR commits to that the refueling station remain operational and accessible to public and/or fleets for a period of no less than five (5) years from the date the station begins dispensing fuel in its initial capacity. Should CONTRACTOR not fulfill this obligation, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided for the fueling facilities as indicated in the table below: 5 year Operational Availability Obligation Percentage of AQMD Funds to be Termination Occurs 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. Should the station become inoperable and unable to be technically repaired or the repair would be too costly, CONTRACTOR shall be excused from the payback provision above, provided that the technical failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. C The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date the station ceases operation. 11. INTEllECTUAL PROPERTY RIGHTS. Title and full ownership rights to any software, documents, or reports developed under this Contract shall at all times remain with AQMD. Such material is agreed to be AQMD'S proprietary information. A. Rights of Technical Data. AQMD shall have the unlimited right to use technical data, including material designated as a trade secret, resulting from the performance of services by CONTRACTOR under this Contract CONTRACTOR shall have the right to use data for its own benefit B. Copyright. CONTRACTOR agrees to grant AQMD a royalty free, nonexclusive, irrevocable license to produce, translate, publish, use, and dispose of all copyrightable material first produced or composed in the performance of this Contract 12. NOTICES. Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. 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. AQMD: South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Attn: Larry Watkins, Technology Advancement . 3 Exhibit "A" . e e Contract No. 03100 CONTRACTOR City of San Bernardino Public Services Department 300 N. D Street San Bernardino, CA 92418 Attn: Lynn Merrill 13. EMPLOYEES OF CONTRACTOR A. AQMD reserves the right to review the resumes of any of CONTRACTOR'S employees, and/or employees of any subcontractors selected to perform the work specified here and to disapprove CONTRACTOR'S choices. 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, its officers, employees, agents, representatives or subcontractors shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, representatives or subcontractors be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. 14. CONFIDENTIALITY - It is expressly understood and agreed that AQMD may designate in a conspicuous manner the information which CONTRACTOR obtains from AQMD as confidential and CONTRACTOR agrees to: A. Observe complete confidentiality with respect to such information, including without limitation, agreeing not to disclose or otherwise permit access to such information by any other person or entity in any manner whatsoever, except that such disclosure or access shall be permitted to employees of CONTRACTOR requiring access in fulfillment of the services provided under this Contract B. Ensure that CONTRACTOR'S officers, employees, agents, representatives, and independent contractors are informed of the confidential nature of such information and to assure by agreement or otherwise that they are prohibited from copying or revealing, for any purpose whatsoever, the contents of such information or any part thereof, or from taking any action otherwise prohibited under this paragraph. C. Not use such information or any part thereof in the performance of services to others or for the benefit of others in any form whatsoever whether gratuitously or for valuable consideration, except as permitted under this Contract D. Notify AQMD promptly and in writing of the circumstances surrounding any possession, use, or knowledge of such information or any part thereof by any person or entity other than those authorized by this paragraph. E. Take at CONTRACTOR'S expense, but at AQMD'S option and in any event under AQMD'S control, any legal action necessary to prevent unauthorized use of such information by any third party or entity which has gained access to such information at least in part due to the fault of CONTRACTOR F. Take any and all other actions necessary or desirable to assure such continued confidentiality and protection of such information. G. Prevent access to such by any person or entity not authorized under this Contract H. Establish specific procedures in order to fulfill the obligations of this paragraph. I. Notwithstanding the above, nothing herein is intended to abrogate or modify the provisions of Government Code Section 6250 etseq. (Public Records Act). 4 Exhibit "A" . . . Contract No. 03100 15. PUBLICATION A. AQMD shall have the right of prior written approval of any document which shall be disseminated to the public by CONTRACTOR in which CONTRACTOR utilized information obtained from AQMD In connection with performance under this Contract. B. Information, data, documents, or reports developed by CONTRACTOR for AQMD, pursuant to this Contract, shall be part of AQMD'S public record unless otherwise indicated. CONTRACTOR may use or publish, at its own expense, such information provided to AQMD. The following acknowledgment of support and disclaimer must appear in each publication of materials, whether copyrighted or not, based upon or developed under this Contract. "This report was prepared as a result of work sponsored, paid for, in whole or in part, by the South Coast Air Quality Management District (AQMD). The opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of AQMD AQMD, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and assume no legal liability for the information in this report. AQMD has not approved or disapproved this report, nor has AQMD passed upon the accuracy or adequacy of the information contained herein." C. CONTRACTOR shall inform its officers, employees, and subcontractors involved in the performance of this Contract of the restrictions contained herein and require compliance with the above. 16. 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 or mental disability 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 (PL 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 paragraph and shall include in each such subcontract language similar to this paragraph. 17. SOLICITATION OF EMPLOYEES - CONTRACTOR expressly agrees that CONTRACTOR shall not, during the term of this Contract, nor for a period of six months after termination, solicit for employment, whether as an employee or independent contractor, any person who is or has been employed by AQMD during the term of this Contract without the consent of AQMD. 18 PROPERTY AND SECURITY - Without limiting CONTRACTOR'S obligations with regard to security, CONTRACTOR shall comply with all the rules and regulations established by AQMD for access to and activity in and around AQMD'S premises 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. 20. NON-EFFECT OF WAIVER - The failure of CONTRACTOR or AQMD 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 5 Exhibit "A" e Contract No. 03100 21. ATTORNEYS' FEES. In the event any action is filed In connection with the enforcement or Interpretation of this Contract, each party shall bear 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 jndirec~y, from acts of God, civil or milrtary 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. 21 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 compelent 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 pan hereof 24. HEADINGS - Headings on the paragraphs 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. e GOVERNING LAW . This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of Ihe Slate of California Venue for resolution of any disputes under this Contract shall be Los Angeles County, California 27. CITIZENSHIP AND ALIEN STATUS A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and others, and that its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (PL 99.603) CONTRACTOR shall obtain from all covered employees performing services hereunder all verification and other documentation of employees' eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. CONTRACTOR shall have a continuing obligation to verify and document the continuing employment authorization and authorized alien status of employees performing services under this Contract to insure continued compliance with all federal statutes and regulations. 8. Notwithstanding paragraph A above, CONTRACTOR, in the performance of this Contract, shall not discriminate against any person in violation of 8 use Section 1324b. C CONTRACTOR shall retain such documentation for all covered employees for the period described by law. CONTRACTOR shall indemnify, defend, and hold harmless AQMD, its officers and employees from employer sanctions and other liability which may be assessed against CONTRACTOR or AQMD, or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Contract. e 28. APPROVAL OF SUBCONTRACT A. If CONTRACTOR intends to subcontract a portion of the work under this Contract, written approval of the terms of the proposed subcontract(s) shall be obtained from AQMD's Executive Officer or designee 6 Exhibit "A" _ -30. _ Contract No 03100 . .. . prior to execution of the subcontract No subcontract charges wilt be reimbursed unless such approval has been obtained. B. Any material changes to the subcontract(s) that affect the scope of work, deliverable schedule, and/or cost schedule shall also require the written approval of the Executive Officer or designee prior to execution. C. The sole purpose of AQMD's review is to insure that AQMD's contract rights have not been diminished in the subcontractor agreement AQMD shalt not supervise, direct, or have control over, or be responsible for, subcontractor's means, methods. techniques, work sequences or procedures or for the safety precautions and programs incident thereto, or for any failure of subcontractor to comply with any local, state, or federal laws, or rules or regulations. .,. 29. PREVAILING WAGES - CONTRACTOR is alerted to the prevailing wage nequirements of California Labor Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the AQMD's headquarters, of which shalt be made available to any interested party on request Notwithstanding the preceding sentence, CONTRACTOR shalt be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing wage rate requirements to its subcontractors. CONTRACTOR shall indemnify, defend and hold harmless the South Coast Air Quality Management District against any and all claims, demands, ." damages, defense costs or liabilities based on failure to adhere to the above referenced statutes . .... 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 wriling and signed by the party against whom enforcement of such waiver, alteration, or modification is sought (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) '. ~~" : " " :~. ",.'t ;":'{'.' ~.,. ; 'lit '-,' ",-' -.)-,'" ;"":'-.,:i. 7 ..",-, .'.., , '. "'.~" '-["':","~ __:J>';:~,_~\. "~/~\, ~:,i'.:<\-.I.' !: "tF:~ .~<~~.) ': ..'},::..:. Exhibit "A" , " e e e Contract No. 03100 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 Norma J Glover, Chairman of the Board By Date Date: ATTEST Jackie Dix, Clerk of the Board By. APPROVED AS TO FORM Barbara Baird, District Counsel By~~Q ~~ ~ ~V~ JS~ 8 Exhibit "A" . . e ATTACHMENT I ST A TEMENT OF WORK FOR CITY OF SAN BER."\ARDINO CONTRACTOR shall construct and operate a public access, liquefied natural gas and liquefied/compress natural gas (LNG-L/CNG) fueling station. The fueling facility location is at the City of San Bernardino Municipal Service Yard, located at the intersection of Pershing and Redick Streets in the City of San Bernardino. CONTRACTOR shall design and size the LNG- L/CNG fueling station to meet CONTRACTOR's long-term needs as well as its other public/private partners. The new station will be designed to accommodate residential and commercial refuse collection vehicles. CONTRACTOR agrees that the LNG-LlCNG station shall be publicly accessible to all refuse fleets within the basin for the entire term of the contract. CONTRACTOR agrees that the LNG- LlCNG station equipment shall remain within the geographical boundaries of the AQMD for the term of this Contract. The CONTRACTOR's proposal dated December 4,2001, in response to RFP No. P2002-19 is hereby incorporated by reference as part of this Contract. Any changes or deviations from CONTRACTOR's proposal, including but not limited to station components, will require written approval by the AQMD Project Officer. This approval must be provided as supporting documentation for any invoice requesting payment for station components that deviate from those originally approved for AQMD funding. CONTRACTOR shall perform the following tasks: Task 1 Construction and Installation of Fueling Station CONTRA.CTOR shall provide AQMD a copy of its solicitation for the construction of the LNG- L/CNG fueling station. CONTRACTOR shall provide AQMD a copy of its subcontractor agreement for AQMD review prior to proceeding with fuel site installation. The LNG-LlCNG station will consist of the following components: . 15,000 gallon bulk tank . 165 psig maximum allowable working pressure, insulated to achieve a normal evaporative rate less than or equal to 0.5 percent per day . LNG two-stage pump providing 95 psig minimum differential pressure at 60 gpm with a submerged pump to eliminate need for a cool down period . LNG single hose dispenser with an average flow rate of 25 to 50 gpm, with piping and stub-ups to add two additional dispensers at a later date as demand dictates . Mass metering with an accuracy of plus or minus 1.5 percent and a meter on each pump/dispenser . Two CNG dual-hose dispenser(s) capable of dispensing CNG at both 3,000 and 3,600 psi . 30,000 scf combined storage with priority sequencing C:\Documents and Senings\HPearce\Local Settings\Temporary Internet files\OLK18\City of San BernardinO 03100 SOWandPaySch,doc Exhibi t "A" . . e Installation including, but not limited to, utility tie-ins, start-up, debugging and stabilizing the facility along with design, engineering, permitting, project management training and purchasing will be provided by CONTRACTOR. Task 2 Operation of Station CONTRACTOR agrees it shall operate the station for at least five (5) years after installation and commencing to dispense fuel to fleets. Should CONTRACTOR desire to remove the station to another location outside the geographical bounds of the AQMD or close the site prior to the end date of this Contract, the CONTRACTOR shall reimburse the AQMD a prorated share offunds per the terms of the CONTRACT. CONTRACTOR's maintenance staff shall be available 24 hours per day, seven days per week. Task 3 Reporting CONTRACTOR shall provide quarterly, annual and final reports as well as two-page summary as stated in Deliverables. C:\Documents and Settings\HPearce\Local Setlings\Temporary Internet Files\OLK18\City of San Bernardino 03100 SOWandPaySch,doc Exhibit "A" . . . PROJECT MILESTONES CITY OF SAN BERNARDINO Milestone Due Date Documentation of bid process and contractor selection .........................May 2004 to construct fueling facility Award construction contract, submit copies of approved .......................June 2004 Construction permits, including grading building, electrical, etc. Start construction and installation of facility ...........................................June 2004 Full operation and Final Report ..............................................................December 2004 Two-Page Project Summary ....................................................................December 2004 Quarterly Progress Reports..... .......... ........ ..... ... ... ... .... ............... ...... ....... .December 2003 (Due the 10th of the following month) .....................................................November 2004 Annual Project Progress Reports. ......... ..................................................December 2005-09 (Due the 15th of the month) C:\Documents and Setlings\HPearce'oLocal Settings\Temporary Intemet Flles\OLK28\City of San Bernardino 03100 SOWandPaySchdoc Exhibit "A" e e e Deliverables, Including Reporting & Formatting Requirements In addition to the deliverables set forth in the above-referenced statement of work, CONTRACTOR shall supply the following reports to the AQMD under this Contract. Each submitted report shall be stapled, not bound, printed in black ink, double-sided type, on an 8-1/2 by 11 inch page, and shall include camera-ready originals. 1. Two stapled copies of each quarterly progress report due by the 10th day of each month following the reporting period. CONTRACTOR shall submit one copy of each progress report to AQMD's Project Manager, and one copy to AQMD's Contract Administrator-Technology Advancement, in conjunction with the invoice for the same period. Each progress report shall include, but not be limited to, the following: a. b. Reference to AQMD contract number and title of project. Reporting time period (months, year). Description of work completed during the reporting period, including a discussion of problems encountered and how those problems were resolved; and other relevant activities. Color photographs in a digital format, such as .ppt. .tif, .jpg on a CD or sent electronically, of fueling infrastructure during the reporting period. Discussion of work planned for the next reporting period. Discussion of project status with respect to time schedule and steps being taken to resolve any delays. Discussion of cost status with respect to budget status and work completed to date, costs to date, explanation of any overruns, and steps being taken to bring costs back into line. c. d. e. f a O' 2. Three stapled copies of a final report for review, comment, and approval shall be submitted no later than the date specified in the project milestones. CONTRACTOR shall submit two written copies and one electronic version of the final report to AQMD's Project Manager and one written copy to AQMD's Contract Administrator-Technology Advancement. This document shall be considered in the public domain, in conformance with the California Public Records Act (Government Code Section 6250 et seq.). Any trade secret information may be submitted to AQMD in a separate report in which the trade secret information is specifically identified. AQMD agrees to treat such trade secret information in accordance with its Public Records Act guidelines relating to trade secret information. AQMD shall complete its review of the final report within four weeks of its receipt from CONTRACTOR. The final report shall include, but not be limited to, the following: a. b. Reference to AQMD contract number and title of project. Project background and objectives. C:\Documents and Seltings\J-1Pearce\Local Setlings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc Exhibit "A" e e e c. An executive summary up to three pages in length to include a short, definitive statement of the problem/project; objective of the project, including emission control objectives or goals and reference to AQMD Rules if applicable; subject of the project including the technology demonstration site, participants, dates, etc.; conclusions (potential emissions impact, cost implications, and other factors); recommendations (design changes/optimization, other applications of the technology, and commercialization paths); and acknowledgment of all project sponsors. A detailed description of the scope of work. Annual fuel throughput Color photographs in a digital format, such as .ppt. .tif, jpg on a CD or sent electronically, of fully operational fueling infrastructure. Results - a discussion of the expected project results versus what was actually achieved. Costs - a comparison and discussion of expected versus actual AQMD contract costs. Problems - a discussion of significant problems encountered during the contract and how they were resolved. Recommendations d. e. f. g. h. I. J. 3. Two stapled copies of an annual report, plus one electronic copy, to be submitted annually for the term of the agreement as specified in project milestones. This document shall be considered in the public domain, in conformance with the California Public Records Act (Government Code Section 6250 et seq.). The annual report shall include, but not be limited to, the following: a. Reference to AQMD contract number and title of project. b. Slides or photos in electronic format of: - The natural gas fueling site. c. A description of the operation of the fueling site including: - Annual fuel throughput. _ Amount of natural gas purchased during the reporting period. d. Problems - a discussion of significant problems encountered during the year and how they were resolved. 4. CONTRACTOR shall submit a two-page project synopsis. Attachment 3 to this contract provides the format and content to be used for this synopsis. In addition to a hard copy, CONTRACTOR shall provide the synopsis in an electronic version, using Microsoft WORD. All color photographs and images shall be embedded within the synopsis AND provided separately in digital format, such as .ppt, .tif. or jpg, on a CD or sent electronically. C:\Documenls and Settings\HPearcc\Local Scttings\Temporary Internet Files\OLK1R\City of San Bernardino 03100 SOWandPaySch.doc Exhibit "A" e e e A TT ACHMENT 2 PAYMENT SCHEDULE FOR CITY OF SAN BERNARDINO This is a fixed price contract. CONTRACTOR shall be reimbursed in the amount of $143,208 as cost-share to offset the costs of purchasing and installing LNG-L/CNG fueling systems at CONTRACTOR's site located at the intersection of Pershing and Redick Streets. The AQMD cost-share of capital investments for storage and dispensing equipment shall not exceed $143,208. An invoice must be accompanied by supporting documentation, including equipment delivery, installation of the fueling facility, and proof that station is fully operational. Final invoice shall be paid upon the receipt and acceptance of final report. Milestone Payment Fully Operational Station & Final Report $143,208 Not-to-exceed amount $143,208 C:\Documents and SeningslHPearce\Local Seuings\Temporary Internel Files\OLK28\City of San Bernardino 03100 SO\l./andPaySch.doc Exhibit "A" . . . Attachment 3 4Q.\fD COII/mel # Diltt! of Publicmiul1 (as month yt!ar) Project Title Contractor Prince conlrocto" unu' .\i,l'll{!c:(lI1: YlIDcuntroc!or.s Cosponsors list cosponsors/rom highest con:nbillOf to lowes{ . ...~ Project Officer :.JQAIO prop..:u mor:ngcr name Background This section is a brief Introduction describl:lg the need for the technology and/or clean fuel, as defined by rules and regu!auoJls;' !l1andates of AQMD, ARB. EPA. DOE, ere. Ifapplicoble, describe other [-elevant factors, sLlch as econurnlc :S5ues. ene:-gy savings, elC Project Objective This section should bricfl) describe the project objectiv'es as urigll1<1lly slated in the Board (or EO) lcnel Jfthc objective evolved slgniflcJlltl> dUring the cOlllraCllng procedure, it should be noted how and why Technology Description This section describes the general principles of operation and emissions control approach oftl1e technology and/or clenn fuel involved in the proJect. I; applicable, discllss how the principle of operation differs from other. currently available eCluipment. Thls includes describing what the "advancernent" actually is over currently available technologIes, Status This sectIOn descnbes the status or progress of the proJect. If the project was completed, provide the d3te of compktion Zlnd note that the final repOl1 is on file with complete technical details of the project, Oescnbc ma}or project ner.ts, such JS the development i testir~g de!lvery ofh3rdware (If applic3ble), If the proJect was terminated or ended prematurely you sull need to fiie this repoJ1 Regardless of how It ended, per sa 199 YOll must describe any unanllcipated problems that v,'ere encountered dunng the project, and ho,-'" they were (or y...'ere I1ot) I'eso!ved, !f"fa:JI" proble:ns \yerc encoLllllerecJ, tl1ls seC:IOll v.n] I be the )le;J!-1 of;he repor1, S\liCe II would bc unlikely' th2lt f112lJor benefits or emiSSions reductions \\ere realIzed ill J tennlnatec: project. PiClHre ofre:hnology thet has been srlpported with rlQMD/Techr;%sY Ac!vancerl7ent cosponsorship !/"app/n.a6/e The jJn:wr2, preferably CI photogruph, shcndd cleur/}' illustrate the technologv The sr::e 0/ (hi! image should be aboLlt 3x3 toft thIS r,~() cO/lImn/ermar The picture of the rechnology 'i/wuld he puslfwned on the/rent page Results ThiS section sLlmm<:lrizes 311 JvailC'..bk emissions r('sults ;:Jnd ke;' performance Cnal"JctelStlCS Performance is meant In the broJdest tc~ms, Including (os applicable) emissions. energy efficiency, o~eration and mJlIltenance requirements, overall e:l\lronmenul ;clpacls. aild performance tl"adeoffs, The primal)' emphaSIS or this section :s the presentZltlOn of project data. Performance results should be summarized uS~lng clear, graphIcal depictions whenever possible, Graph or rable summurl2ing Ke,v pe,Ijcmnance c!wracrensl1CS Grapl75 are prslerred ove!' !ablr?s when puss/bfe GrClphicui da/a presented should show the must representcl!I\'e dU[LI n/lhe prujt'C! "s/techno!cs,T1' '5 perjornll1l1ce One graph .vGuld he preferred, ou! no more (hem Avo dOlO presentatIons i/1 thiS document MeJsurec performance is :'0 be compared with the objectives, g'J(I]s set for lhe project COlTIparisons should focus on tJrgetccl er.1!SSlons reductions Exhibit "A" . il:ldor olne:- key' performance gozds (e.g range for e\ectrtC \e~lcles'l T:le~e s:lou]d (llso be a brief cLscussion of perfo:1Tlance tradeoffs. That IS. did achieving one pcrfonnance characteristic goal, such as er:liSSlc'ns. compromise anot1er performance CtL3r2.ctCrlstlC. suc~ as efflcie:lCY. Benefits "f:-:15 se:::JOll u:,s:Zlitizes the above-noted performance ch";"actenstlcs into pmject benefits, e.g, reduced emissions, JJ1crcased efficiency, reduced global warr.1ing gases, or other environmental ~l1efits. The potential emissions Inventory itnpa~'(ofthjs technology applied in the South Coa.st Ail- Basin mL:st be estimated based 011 performance results of this project and some estlll1ate of mal'lcer penetration (concisely state assu:Tlptlons) . It ciearly descrihes hO\\i those actual benefits compare With the benefits thJt were antlcipated at the proJect's stan Be as detailed as possible, Illcludmg discussion of o\'era!1 environmental Impdcts ~li1d ben~rlts Address the question of \vhcther the technology may reduce ZIn air poliutant whlie Imp~OVlTIg (or v..'orselllng) problems \\llth \\<lter pollutloll, solid waste, global \\'ar:T1lTIg, :OXIC emISSIons, etc Project Costs ThiS brief section describes the actual costs of [he p.ogram (AQMD's funding contnbution as well as the overall cost sharmg) and how they compare with the onginally projected costs of the project as stated in the Board (or EO) letter Cost InfofJT',ation can be presented graphIcally, in a table, or in paragraph form This section does not address cost effeCtlveness or cost of commet'C la! iz;.nion . Commercialization and Applications ThiS sec:ion describes the anticipated or poten/ia! appJ Icatlons of the demonstrated technology' and/or clean fuel. If applicable. discllss follow on ~rojects to further improve [he techr.ology. If avZ!.iiable or applicable. dISCUSS expected costs of comrol and cost.effectiver:ess in the context of curremiy aV8.llable tec~,-Ilo1og~es. Cost data should be noted as estim<1tes or projec~ions, especially sillce T A projects are often "'first of a kmd." Prospects for commercialization should in.::lude <l dlscllssion of the potential size of the target or primar)-' marker, and If there IS another' market segr.1ent or application th<::t eQuid use the technology, DISCUSSIon of the commercIal sta:us of the technology should address questions such as: (1) ho\\- close to a commercial product IS n; (:2) what work remains to bflng it to market; (3) when could it be made commercially avaibble and competitIve, <lnd (4) \-\lJat barriers !'emain before the technoiogy can be co:ntllerciaiized For 1II0re /tj!nrmauol7 Techno/a,\!)' Advancement O/flce South Cuosr Air Qua/it'!' A/anagement Dlstl'lc{ :3/865 Copley Dl'n'e Dwmond Bur CA 9/765 9093963300 Fax 909 396 3::52 Exhibit "A" . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lynn Merrill, Director Subject: Resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the City a Contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-UCNG Fueling station at the City Corporate Yard. Dept: Public Services Date August 11, 2003 S~~{J Meeting Date: AUEjU3t W,' 2003 January 7, 2002 Reso 2002-12 Ratification for submittal of application for funds from SCAQMD $143,208 Recommended Motion: Adopt resolution '~1t4 ,. Signature Contact person Lynn Merrill, Director Phone: 5140 Supporting data attached: Ward: 3rd Ward FUNDING REQUIREMENTS: Amount: 0 Finance: Council Notes: Agenda Item No. e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: A resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the City a Contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-L1CNG Fueling station at the City Corporate Yard. Background: The South Coast Air Quality Management District has adopted various District Rules that mandate municipalities that operate fleets of medium and heavy-duty trucks must purchase vehicles that operate on alternative fuels such as Compressed Natural Gas (CNG) and Liquified Natural Gas (LNG). Over the last three years, the City has been successful in obtaining various grants totaling $1,125,952 to fund the design and construction of a LNG- L1CNG Fueling Station for the City Yard. On January 7, 2002, the Mayor and Common Council ratified a grant application for $143,208.00 from the South Coast Air Ouality Management District as part of the $1,125,952 in grant funds, (Attachment 1). A letter dated November 6, 2002 from AOMD transmitted the attached contract and was received by the Public Services Department on November 7,2002, (Attachment 2 and 3). Due to the nature of the project, it had been determined by the previous City Engineer that this project fit the scope of a Public Works project and this contract was forwarded to the Development Services Department for processing and preparation of an agenda item. The contract was inadvertently filed and was just recently discovered on July 29, 2003. Staff contacted the AOMD Contract Administrator on August 6, 2003 and was advised that the contract was still valid. Due to delays in the project relating to environmental issues and concerns, the Contract Administrator advised staff to make pen and ink changes to two pages of Attachment 1 of the contract as it relates to the Statement of Work, specifically the dates that various actions and items would be completed. Staff made these changes to the attached contract and is now asking for authorization to execute this contract in order to receive this funding. Financial Impact: The following table summarizes the funding sources for construction of the LNG-L1CNG Fueling Station at the City Corporate Yard: Funding Source Funding Amount Percent of Project Cost I SAN BAG CMAO $ 911,859 73% MSRC Match $ 70,885 '6% Refuse Funds to be allocated $ 124,100 10% SCAOMD RFP - P2202-19 $ 143,208 11% TOTAL $ 1,250,052 100% Recommendation: Adopt resolution. e 1 2 3 4 5 6 7 8 9 10 11 12 13 Attachment 1 RESOLUTION NO. 2002-12 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FOR RATIFICATION OF A GRANT APPLICATION TO HELP FUND A PUBLIC-ACCESS LNG/LCNG FUELING FACILITY WHEREAS, The South Coast Air Quality Management Distric;:t (SCAQMD) has extended a Request for Proposal for the Development of LNG Refueling Stations in the South Coast Air Basin. This grant will provide cost-share funds to assist public and private fleets to establish LNG-UCNG fuel dispensing facility projects for public access in the four county areas. NOW, THEREFORE BE IT RESOLVED that the Mayor and Common Council of the City of San Bernardino ratify the submission of an application for a grant in the amount of $143,208 from the South Coast Air Quality Management District to help e 14 fund a public-access LNG/LCNG Fueling Facility. e 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /1/ /1/ /1/ /1/ 1/1 11/ 11/ 11/ 11/ 1/1/1 11/ II 2002-12 e: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO FOR RATIFICATION OF A GRANT APPLICATION TO HELP FUND A PUBLIC-ACCESS LNGfLCNG FUELING FACILITY 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 5 ~ day of January ,2002, by the following vote, to wit: 6 Council Members: AYES NAYS 7 ESTRADA X 8 LIEN X 9 MCGINNIS X 10 SCHNETZ X II SUAREZ X 12 ANDERSON --- I3 MCCMMACK -- .: 16 ABSTAIN ABSENT X X ~~rk~i~ The foregoing resolution is hereby approved this ,_ 'I, dayof January ,2002, 17 18 19 20 Approved as to Form and legal content: 21 JAMES F, PENMAN, 22 City Attorney 23 24 By: ~ 25 0 7-, f e-w~ 26 -: r _ , . , , e e e Attachment 2 ~'(7;:~. ~;;~:.- .. South Coast t!~~ Air Quality Management District ;'.~'~ 21865 E. Copley Drive, Diamond Bar, CA 91765-4182 ~~i:~i:::f'~ (909) 396-2000 . www.aqmd.gov November 6, 2002 Ms. Lynn Merrill City of San Bernardino Public Services Department 300 North D Street San Bernardino, CA 924 18 RE: CONTRACT NO. 03100 Dear Ms. Merrill: Enclosed herewith are two originals of the above-mentioned contract in the amount of $143,208 as cost-share for the purchase and installation of a LNG-L1CNG fueling station at your San Bernardino facility. Please have both originals signed and returned to my attention at your earliest convenience. Once the contract is fully executed by both parties, one original will be sent to you for your records. If you have any questions regarding the contract, please contact me by telephone at 909 396-3237 or bye-mail at dramirez@aqmd.gov. Respectfull y, q;j}clC 0 P{thUI[~-: Drue A. Ramirez Contracts Science & Technology Advancement Idar OVERNIGHT Enclosures .--, .... OO[g@[gOW[g@ NOV - 7 2002 a:cu130:4letter DIRECTOII PUBUC -.-.J1CC5 . . . :".:_~":7","_~;':,-. South Coast ~: ~ Air Quality Management District 21865 E. Copley Drive, Diamond Bar, CA 91765-4182 (909) 396-2000 . www.aqmd.gov ~"t"-l:'iIIl August 21. 2003 Mr. Lynn Merrill City of San Bernardino Public Services Department 300 North 0 Street San Bernardino, CA 92418 RE: REVISED CONTRACT NO. 03100 Dear Mr. Merrill: Enclosed herewith are two new originals of the above-mentioned contract in the amount of $143,208 as cost-share for the purchase and installation of a LNG-L1CNG fueling station at your San Bernardino facility. These revised originals incorporate the self- insurance clause in Article 7 and update the milestones and deliverable dates. Please have both originals signed and returned to my attention at your earliest convenience. Once the contract is fully executed by both parties, one original will be sent to you for your records. If you have any questions regarding the contract, please contact me by telephone at 909 396-3237 or bye-mail at dramirez@aqmd.gov. Respectfully, ", I (1,,~)I)H~{Y~("II\t~( _ '--J ) v, Drue A. Ramirez j Contracts Science & Technology Advancement /dar OVERNIGHT Enclosures E:\tech_adv\Contracts Folder\lnfrastructure Contracts\City of San Bernardino 03100 leiter, doc I] .a:m . . Contract No. 03100 South Coast Air Quality Management District This Contract consists of 16 pages. 1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (referred to here as "AQMD") whose address is 21865 East Copley Drive, Diamond Bar, California 91765, and City of San Bernardino (referred to here as "CONTRACTOR") whose address is Public Services Department, 300 North D Street, San Bernardino, California 92418. 2. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California. AQMD is authorized to enter into this Contract under California Health and Safety Code Section 40489. AQMD desires to contract with CONTRACTOR for services described in Attachment 1 - Statement of Work, attached hereto and made a part hereof. CONTRACTOR warrants that it is well-qualified and has the experience to provide such services on the terms set forth here. B. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board. C. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney. D. CONTRACTOR agrees to obtain the required licenses, permits, and all other appropriate legal authorizations from all applicable federal, state and local jurisdictions and pay all applicable fees. 3. PERFORMANCE REQUIREMENTS A. CONTRACTOR warrants that it holds all necessary and required licenses and permits to provide these services. CONTRACTOR further agrees to immediately notify AQMD in writing of any change in its licensing status. B. CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of Work. All reports shall be submitted in an environmentally friendly format: recycled paper; stapled, not bound; black and white, double-sided print; and no three-ring, spiral, or plastic binders or card stock covers. AQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. C. CONTRACTOR shall perform all tasks set forth in Attachment 1 - Statement of Work, and shall not engage, during the term of this Contract, in any performance of work that is in direct or indirect conflict with duties and responsibilities set forth in Attachment 1 - Statement of Work. D. CONTRACTOR shall be responsible for exercising the degree of skill and care customarily required by accepted professional practices and procedures subject to AQMD'S final approval which AQMD will not unreasonably withhold. Any costs incurred due to the failure to meet the foregoing standards, or otherwise defective services which require re-performance, as directed by AQMD, shall be the responsibility of CONTRACTOR CONTRACTOR'S failure to achieve the performance goals and objectives stated in Attachment 1- Statement of Work, is not a basis for requesting re-performance unless work conducted by CONTRACTOR is deemed by AQMD to have failed the foregoing standards of performance. . e e 9. Contract No. 03100 E. CONTRACTOR shall ensure, through its contracts with any subcontractor(s), that employees and agents performing under this Contract shall abide by the requirements set forth in this paragraph. 4. CO-FUNDING A CONTRACTOR shall obtain cofunding as follows: SAN BAG CMAQ, Nine Hundred Eleven Thousand Eight Hundred Fifty Nine Dollars ($911,859) and MSRC, Seventy Six Thousand Seven Hundred Ninety Two Dollars ($76,792). B. If CONTRACTOR fails to obtain funding in the amount(s) referenced above, then AQMD reserves the right to renegotiate or terminate this Contract. C. CONTRACTOR shall provide cofunding in the amount of One Hundred Eighteen Thousand One Hundred Forty One Dollars ($118,141) for this project. If CONTRACTOR fails to provide this cofunding, then AQMD reserves the right to renegotiate or terminate this Contract. 5. TERM - The term of this Contract is from the date of execution by both parties to December 31,2009, unless further extended by amendment of this Contract in writing. No work shall commence until this Contract is fully executed by all parties. 6. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the 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 the Contract. The nonbreaching party shall either 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 Paragraph 12. The nonbreaching party reserves all rights under law and equity to enforce this Contract and recover any damages. AQMD reserves the right to terminate this Contract at any time for nonbreach, and for the convenience of AQMD for any reason judged sufficient by AQMD. AQMD will reimburse CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all noncancellable commitments incurred in performance of this Contract through the effective date of termination for any reason other than breach. 7. INSURANCE - CONTRACTOR is permissibly self-insured and will maintain self-insurance in accordance with applicable provisions of California law as evidenced by certificate of self-insurance. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management District, Attn: Human Resources, Workers Safety & Risk Management Unit. Include the AQMD Contract Number on the face of the certificate. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 8. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, indemnify, and defend 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 as a result of the performance of this Contract. PAYMENT - AQMD shall pay CONTRACTOR a fixed price of One Hundred Forty Three Thousand Two Hundred Eight Dollars ($143,208) for station components identified in Attachment 1 - Statement of Work. Payment shall be in accordance with Attachment 2 - Payment Schedule, attached hereto and made a part 2 e e e Contract No. 03100 hereof. Payment shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an invoice prepared and furnished by CONTRACTOR showing services performed and referencing tasks and deliverables as shown in Attachment 1 - Statement of Work, and the amount of charge claimed. Each invoice 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. Attn: Larry Watkins, Technology Advancement. 10. REFUELING STATION OPERATIONAL AVALlABILlTY - CONTRACTOR is obligated to comply with the alternative-fuel refueling infrastructure Operational Availability requirements set forth as follows: A. CONTRACTOR commits to that the refueling station remain operational and accessible to public and/or fleets for a period of no less than five (5) years from the date the station begins dispensing fuel in its initial capacity. Should CONTRACTOR not fulfill this obligation, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided for the fueling facilities as indicated in the table below: 5 year Operational Availability Obligation Percentage of AQMD Funds to be Termination Occurs 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. Should the station become inoperable and unable to be technically repaired or the repair would be too costly, CONTRACTOR shall be excused from the payback provision above, provided that the technical failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. C. The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date the station ceases operation. 11. INTEllECTUAL PROPERTY RIGHTS - Title and full ownership rights to any software, documents, or reports developed under this Contract shall at all times remain with AQMD. Such material is agreed to be AQMD'S proprietary information. A. Rights of Technical Data - AQMD shall have the unlimited right to use technical data, including material designated as a trade secret. resulting from the performance of services by CONTRACTOR under this Contract. CONTRACTOR shall have the right to use data for its own benefit. B. Copyright - CONTRACTOR agrees to grant AQMD a royalty free, nonexclusive, irrevocable license to produce, translate, publish, use, and dispose of all copyrightable material first produced or composed in the performance of this Contract. 12. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. 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. AQMD: South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Attn: Larry Watkins, Technology Advancement 3 e e e Contract No 03100 CONTRACTOR: City of San Bernardino Public Services Department 300 N. D Street San Bernardino, CA 92418 Attn: Lynn Merrill 13. EMPLOYEES OF CONTRACTOR A. AQMD reserves the right to review the resumes of any of CONTRACTOR'S employees, and/or employees of any subcontractors selected to perform the work specified here and to disapprove CONTRACTOR'S choices. 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, its officers, employees, agents, representatives or subcontractors shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, representatives or subcontractors be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. 14. CONFIDENTIALITY - It is expressly understood and agreed that AQMD may designate in a conspicuous manner the information which CONTRACTOR obtains from AQMD as confidential and CONTRACTOR agrees to: A. Observe complete confidentiality with respect to such information, including without limitation, agreeing not to disclose or otherwise permit access to such information by any other person or entity in any manner whatsoever, except that such disclosure or access shall be permitted to employees of CONTRACTOR requiring access in fulfillment of the services provided under this Contract. B. Ensure that CONTRACTOR'S officers, employees, agents, representatives, and independent contractors are informed of the confidential nature of such information and to assure by agreement or otherwise that they are prohibited from copying or revealing, for any purpose whatsoever, the contents of such information or any part thereof, or from taking any action otherwise prohibited under this paragraph. C. Not use such information or any part thereof in the performance of services to others or for the benefit of others in any form whatsoever whether gratuitously or for valuable consideration, except as permitted under this Contract. D. Notify AQMD promptly and in writing of the circumstances surrounding any possession, use, or knowledge of such information or any part thereof by any person or entity other than those authorized by this paragraph. E. Take at CONTRACTOR'S expense, but at AQMD'S option and in any event under AQMD'S control, any legal action necessary to prevent unauthorized use of such information by any third party or entity which has gained access to such information at least in part due to the fault of CONTRACTOR. F. Take any and all other actions necessary or desirable to assure such continued confidentiality and protection of such information. G. Prevent access to such by any person or entity not authorized under this Contract. H. Establish specific procedures in order to fulfill the obligations of this paragraph. I. Notwithstanding the above, nothing herein is intended to abrogate or modify the provisions of Government Code Section 6250 et.seq. (Public Records Act). 4 . . e Contract No 03100 15. PUBLICATION A. AQMD shall have the right of prior written approval of any document which shall be disseminated to the public by CONTRACTOR in which CONTRACTOR utilized information obtained from AQMD in connection with periormance under this Contract. B. Information, data, documents, or reports developed by CONTRACTOR for AQMD, pursuant to this Contract, shall be part of AQMD'S public record unless otherwise indicated. CONTRACTOR may use or publish, at its own expense, such information provided to AQMD. The following acknowledgment of support and disclaimer must appear in each publication of materials, whether copyrighted or not, based upon or developed under this Contract. "This report was prepared as a result of work sponsored, paid for, in whole or in part, by the South Coast Air Quality Management District (AQMD). The opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of AQMD. AQMD, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and assume no legal liability for the information in this report. AQMD has not approved or disapproved this report, nor has AQMD passed upon the accuracy or adequacy of the information contained herein." C. CONTRACTOR shall inform its officers, employees, and subcontractors involved in the periormance of this Contract of the restrictions contained herein and require compliance with the above. 16. NON-DISCRIMINATION - In the periormance 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 or mental disability 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 paragraph and shall include in each such subcontract language similar to this paragraph. 17. SOLICITATION OF EMPLOYEES - CONTRACTOR expressly agrees that CONTRACTOR shall not, during the term of this Contract, nor for a period of six months after termination, solicit for employment, whether as an employee or independent contractor, any person who is or has been employed by AQMD during the term of this Contract without the consent of AQMD. 18. PROPERTY AND SECURITY - Without limiting CONTRACTOR'S obligations with regard to security, CONTRACTOR shall comply with all the rules and regulations established by AQMD for access to and activity in and around AQMD'S premises. 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. 20. NON-EFFECT OF WAIVER - The failure of CONTRACTOR or AQMD to insist upon the periormance 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 periormance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 5 e Contract No. 03100 21. ATTORNEYS' FEES - In the event any action is filed in connection with the enforcement or interpretation of this Contract, each party shall bear 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 paragraphs 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. e 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 disputes under this Contract shall be Los Angeles County, California 27 CITiZENSHIP AND ALIEN STATUS A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and others, and that its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (PL 99-603). CONTRACTOR shall obtain from all covered employees performing services hereunder all verification and other documentation of employees' eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. CONTRACTOR shall have a continuing obligation to verify and document the continuing employment authorization and authOrized alien status of employees performing services under this Contract to insure continued compliance with all federal statutes and regulations. B. Notwithstanding paragraph A above, CONTRACTOR, in the performance of this Contract. shall not discriminate against any person in violation of 8 USC Section 1324b. C. CONTRACTOR shall retain such documentation for all covered employees for the period described by law. CONTRACTOR shall indemnify, defend, and hold harmless AQMD, its officers and employees from employer sanctions and other liability which may be assessed against CONTRACTOR or AQMD, or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Contract. e 28. APPROVAL OF SUBCONTRACT A. If CONTRACTOR intends to subcontract a portion of the work under this Contract, written approval of the terms of the proposed subcontract(s) shall be obtained from AQMD's Executive Officer or designee 6 . . . Contract No 03100 prior to execution of the subcontract No subcontract charges will be reimbursed unless such approval has been obtained. B. Any material changes to the subcontract(s) thaI affect the scope of work, deliverable schedule, and/or cost schedule shall also require the written approval of the Executive Officer or designee prior to execution. C. The sole purpose of AQMD's review is to insure that AQMD's contract rights have not been diminished in the subcontractor agreement. AQMD shall not supervise, direct, or have control over, or be responsible for, subcontractor's means, methods, techniques, work sequences or procedures or for the safety precautions and programs incident thereto, or for any failure of subcontractor to comply with any local, state, or federal laws, or rules or regulations. 29. PREVAILING WAGES - CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the AQMD's headquarters, of which shall be made available to any interested party on request. Notwithstanding the preceding sentence, CONTRACTOR shall be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rale of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing wage rate reqUirements to its subcontractors. CONTRACTOR shall indemnify, defend and hold harmless the South Coast Air Quality Management District against any and all claims, demands, damages, defense costs or liabilities based on failure to adhere 10 the above referenced statutes. 30. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 7 . :. .';" c- . . . Contract No 03100 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 Norma J. Glover, Chairman of the Board By: Date: Date: ATTEST: Jackie Dix, Clerk of the Board By APPROVED AS TO FORM: Barbara Baird, District Counsel BY~ &. ~~ k., ~~ ~ 8 e e e A TT ACHMENT 1 STATEMENT OF WORK FOR CITY OF SAN BERNARDINO CONTRACTOR shall construct and operate a public access, liquefied natural gas and liquefied/compress natural gas (LNG-L/CNG) fueling station. The fueling facility location is at the City of San Bernardino Municipal Service Yard, located at the intersection of Pershing and Redick Streets in the City of San Bernardino. CONTRACTOR shall design and size the LNG- L/CNG fueling station to meet CONTRACTOR's long-term needs as well as its other public/private partners. The new station will be designed to accommodate residential and commercial refuse collection vehicles. CONTRACTOR agrees that the LNG-L/CNG station shall be publicly accessible to all refuse fleets within the basin for the entire term of the contract. CONTRACTOR agrees that the LNG- L/CNG station equipment shall remain within the geographical boundaries of the AQMD for the term of this Contract. The CONTRACTOR's proposal dated December 4, 200 I, in response to RFP No. P2002-19 is hereby incorporated by reference as part of this Contract. Any changes or deviations from CONTRACTOR's proposal, including but not limited to station components, will require written approval by the AQMD Project Officer. This approval must be provided as supporting documentation for any invoice requesting payment for station components that deviate from those originally approved for AQMD funding. CONTRACTOR shall perform the following tasks: Task 1 Construction and Installation of Fueling Station CONTRACTOR shall provide AQMD a copy of its solicitation for the construction of the LNG- L/CNG fueling station. CONTRACTOR shall provide AQMD a copy of its subcontractor agreement for AQMD review prior to proceeding with fuel site installation. The LNG-L/CNG station will consist of the following components: . 15,000 gallon bulk tank . 165 psig maximum allowable working pressure, insulated to achieve a normal evaporative rate less than or equal to 0.5 percent per day . LNG two-stage pump providing 95 psig minimum differential pressure at 60 gpm with a submerged pump to eliminate need for a cool down period . LNG single hose dispenser with an average flow rate of 25 to 50 gpm, with piping and stub-ups to add two additional dispensers at a later date as demand dictates . Mass metering with an accuracy of plus or minus 1.5 percent and a meter on each pump/dispenser . Two CNG dual-hose dispenser(s) capable of dispensing CNG at both 3,000 and 3,600 psi . 30,000 scf combined storage with priority sequencing C:\Documents and Settings\HPearce\Local Settings\Temporary lnternet Fjles\OLK28\City of San Bernardino 03100 SOWandPaySch.doc e e e Installation including, but not limited to, utility tie-ins, start-up, debugging and stabilizing the facility along with design, engineering, permitting, project management, training and purchasing will be provided by CONTRACTOR. Task 2 Operation of Station CONTRACTOR agrees it shall operate the station for at least five (5) years after installation and commencing to dispense fuel to fleets. Should CONTRACTOR desire to remove the station to another location outside the geographical bounds of the AQMD or close the site prior to the end date of this Contract, the CONTRACTOR shall reimburse the AQMD a prorated share of funds per the terms of the CONTRACT. CONTRACTOR's maintenance staff shall be available 24 hours per day, seven days per week. Task 3 Reporting CONTRACTOR shall provide quarterly, annual and final reports as well as two-page summary as stated in Deliverables. C:\Documents and Seuings\HPearce\Local Scttings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc . PROJECT MILESTONES CITY OF SAN BERNARDINO Milestone Due Date Documentation of bid process and contractor selection .........................May 2004 to construct fueling facility Award construction contract, submit copies of approved .......................June 2004 Construction permits, including grading building, electrical, etc. Start construction and installation of facility ...........................................June 2004 Full operation and Final Report...............................................................December 2004 Two-Page Project Summary ....................................................................December 2004 Quarterly Progress Reports .. ........... ........................................................ December 2003 . (Due the loth of the following month) .....................................................November 2004 Annual Project Progress Reports. ...........................................................December 2005-09 (Due the 15th of the month) . C:\Documents and Settings\HPearce\Local Settings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch,doc . . . Deliverables, Including Reporting & Formatting Requirements In addition to the deliverables set forth in the above-referenced statement of work, CONTRACTOR shall supply the following reports to the AQMD under this Contract. Each submitted report shall be stapled, not bound, printed in black ink, double-sided type, on an 8-112 by 11 inch page, and shall include camera-ready originals. 1. Two stapled copies of each quarterly progress report due by the 10th day of each month following the reporting period. CONTRACTOR shall submit one copy of each progress report to AQMD's Project Manager, and one copy to AQMD's Contract Administrator-Technology Advancement, in conjunction with the invoice for the same period. Each progress report shall include, but not be limited to, the following: a. b. Reference to AQMD contract number and title of project. Reporting time period (months, year). Description of work completed during the reporting period, including a discussion of problems encountered and how those problems were resolved; and other relevant activities. Color photographs in a digital format, such as .ppt. .tif, .jpg on a CD or sent electronically, of fueling infrastructure during the reporting period. Discussion of work planned for the next reporting period. Discussion of project status with respect to time schedule and steps being taken to resolve any delays. Discussion of cost status with respect to budget status and work completed to date, costs to date, explanation of any overruns, and steps being taken to bring costs back into line. c. d. e. f. g. 2. Three stapled copies of a final report for review, comment, and approval shall be submitted no later than the date specified in the project milestones. CONTRACTOR shall submit two written copies and one electronic version ofthe final report to AQMD's Project Manager and one written copy to AQMD's Contract Administrator-Technology Advancement. This document shall be considered in the public domain, in conformance with the California Public Records Act (Government Code Section 6250 et seq.). Any trade secret information may be submitted to AQMD in a separate report in which the trade secret information is specifically identified. AQMD agrees to treat such trade secret information in accordance with its Public Records Act guidelines relating to trade secret information. AQMD shall complete its review of the final report within four weeks of its receipt from CONTRACTOR. The final report shall include, but not be limited to, the following: a. b. Reference to AQMD contract number and title of project. Project background and objectives. C:\Documents and Settings\HPearce\Local Settings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc r- . . . c. An executive summary up to three pages in length to include a short, definitive statement of the problem/project; objective of the project, including emission control objectives or goals and reference to AQMD Rules if applicable; subject of the project including the technology demonstration site, participants, dates, etc.; conclusions (potential emissions impact, cost implications, and other factors); recommendations (design changes/optimization, other applications of the technology, and commercialization paths); and acknowledgment of all project sponsors. A detailed description ofthe,scope of work. Annual fuel throughput Color photographs in a digital format, such as .ppt. .tif, jpg on a CD or sent electronically, of fully operational fueling infrastructure. Results - a discussion of the expected project results versus what was actually achieved. Costs - a comparison and discussion of expected versus actual AQMD contract costs. Problems - a discussion of significant problems encountered during the contract and how they were resolved. Recommendations d. e. f. g. h. 1. J. 3. Two stapled copies of an annual report, plus one electronic copy, to be submitted annually for the term of the agreement as specified in project milestones. This document shall be considered in the public domain, in conformance with the California Public Records Act (Government Code Section 6250 et seq.). The annual report shall include, but not be limited to, the following: a. Reference to AQMD contract number and title of project. b. Slides or photos in electronic format of: - The natural gas fueling site. c. A description of the operation of the fueling site including: - Annual fuel throughput. - Amount of natural gas purchased during the reporting period. d. Problems - a discussion of significant problems encountered during the year and how they were resolved. 4. CONTRACTOR shall submit a two-page project synopsis. Attachment 3 to this contract provides the format and content to be used for this synopsis. In addition to a hard copy, CONTRACTOR shall provide the synopsis in an electronic version, using Microsoft WORD. All color photographs and images shall be embedded within the synopsis AND provided separately in digital format, such as .ppt, .tif. or jpg, on a CD or sent electronically. C:\Documents and Settings\HPearce\Local Settings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc . . . ATTACHMENT 2 PAYMENT SCHEDULE FOR CITY OF SAN BERNARDINO This is a fixed price contract. CONTRACTOR shall be reimbursed in the amount of $143,208 as cost-share to offset the costs of purchasing and installing LNG-L/CNG fueling systems at CONTRACTOR's site located at the intersection of Pershing and Redick Streets. The AQMD cost-share of capital investments for storage and dispensing equipment shall not exceed $143,208. An invoice must be accompanied by supporting documentation, including equipment delivery, installation of the fueling facility, and proof that station is fully operational. Final invoice shall be paid upon the receipt and acceptance of final report. Milestone Payment Fully Operational Station & Final Report $143,208 Not-to-exceed amount $143,208 C:\Documents and SettingsIHPearce\Local Settings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc e e e Attachment 3 AQMD Col/tract # Dllte oj PubliCi/tioll (us Illollth year) Project Title Contractor Prime confractor and slgl7~,tiC[/n{ subcontractors Cosponsors List cosponsors/rom highest conrnbwor 10 lowesl .;~ Project Officer AQ,'HD project manoger name Background This section is a brief introduction describing the need for the technology and/or clean fuel, as defined by rules and regulations / mandates of AQMD. ARB. EPA. DOE. elc. If applicable. describe other relevant factors, such as economic issues. energy S;l','mgs, etc, Project Objective This section should briefly describe the project objectives as originally stated in the BOJrd (or EO) Jettel', It"the objective evolved significantly during the contractll1g procedure, it should be noted ho\v and \\/hy Technology Description This section describes the general principles of operation and emissions control approach of the technology and/or clean fuel involved in the project. If applicable. discuss how Ihe principle of operatlOn differs from other, currently available equipment, This includes describing what the "advancement" actually is over currently available technologies. Status This section describes the status or progress of the project. If the project was completed, provide the date of completion Zlnd note that the final report is on file Wilh complete Iechnical delails of tee project. Describe major project events, such as the development i testing,l delivery of hardware (if applicable). If the project was terminated or ended prematurely you still need to file this report, Regardless of how iI ended. per 5B 199 you must describe any unanticipated problems that \-vere encountered during the project. and how they were (or were not) resolvctJ, If''fawl'' problems were encountered, this section will be the heart of the report, since it would be unlikely thal major benefits or emissions reductions were realized in a terminated project. Picture of technology thot has been supported with A Q!vfD:Technology A dvancemefll cosponsorship, if applicable The picture, preferahly a photograph, should clearly illustrate the tee/molo,e)", The Sf:::.e of the Image should be about 3x3 to fit this two column format The picture o/the technologJ' shuuld be pOSitIOned on [he front page Res u Its This section summarizes all 3vailable emissions results and key' performance characteristics. Performance is meant in the brolJ.dest terms, including (as applicable) emissions, energy efficiency, operation and maintenance requirements, overall environmental impacts, and performance tradeoffs. The primary emphasis or this section is the presentation of project data. Performance results should be summarized using clear, graphical depictions whenever possible: Graph or table swnmari::ing ke,v pelfor/nance characreristics. Graphs are preferred over tables \1ihen possible Graph/en! data presented should show !hl.! most repre<;enwtlve dafa oj the prOject 's/technolos,"T)!'s performance One graph would he preferred. but no more {hCln (1.1'0 data presentations In this document Measured performance is to be compared with the objectives/goals set for the project. Comparisons should foclls on targeted emissions reductions e and/or other key performance goals (e.g range for electric \:ehicks) There should also be a brief discussion of performance tradeoffs. lhat is. did achieving one performance characteristic goaL such as emissions, compromise another performance characteristic. such as efficienc:J. Benefits Th]s section crystallizes the above-noted performance characteristics into proJect benefits, e.g., reduced emissions, increased efficiency, reduced global wanning gases. or other environmental ~nefits. The potential emissions inventory impactofthis technology applied in the South Coast Air Basin must be estImated based on performclnce results of this project and some estimate of market penetration (concisely state assumptions). e It clearly describes how those actual benefits compare with the benefits that were anticipated at the projecr"s stal1. Be as detailed as possible, including dlsclIssion of overall environmental impacts <J.nd benefits. Address the question of whethet. the technology lTlay reduce an ail" pollutant while improving (or \....orsening) problems \\itn water pollution, solid ViJste. global \\-arming. toxic emissions. etc Project Costs This brief section describes the actual costs of the program (AQMD's funding contribution as well as the overall cost sharing) and how they' compare \vith the anginally' projected costs of the project as stated in the Board (or EO) letter. Cost information can be presented graphically, in a table, or in paragraph form. This section does not address cost effectiveness or cost of commercialization e Commercialization and Applications ThIS section describes the ant:cipated or potential applications of the demonstrated technology andi'or clean fuel. If applicable. discLlss follow on projects to further improve the technology- If available or applicable. discuss expected costs of cOrlITol and cost-effective:1ess in the comext of currently available technologies. Cost data should be noted as estimates or pro.iections, especially since T A projects are often "first of a kind." Prospects for commercialization should include J discussion of the potential size of the target or prtmary' market, and If ther'e is another market segment or application that could use the techno log)'. Discussion of the commercial status of the tec~nology should address questions such as: (1) how close to a commercial product is it; (2) v,"hat work remains to bring it to market: (3) when could it be made commercially available and competitive; and (4) what barriers remain before the technology can be commercialized. For more :"jonnatlOlI Technology Advance!Jlent Office. South CO(1st A I" Qualltv /'vlanagemenl District ~ 1865 Copiey Drive DlamQl1d Bar CA 9176j 9093963300 Fax 909396 3:52 [I -.. - - Contract No. 03100 South Coast Air Quality Management District This Contract consists of 16 pages. 1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (referred to here as "AQMD") whose address is 21865 East Copley Drive, Diamond Bar, California 91765, and City of San Bernardino (referred to here as "CONTRACTOR") whose address is Public Services Department, 300 North D Street, San Bernardino, California 92418. 2. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California. AQMD is authorized to enter into this Contract under California Health and Safety Code Section 40489. AQMD desires to contract with CONTRACTOR for services described in Attachment 1 - Statement of Work, attached hereto and made a part hereof. CONTRACTOR warrants that it is well-qualified and has the experience to provide such services on the terms set forth here. B. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board. C. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney. D. CONTRACTOR agrees to obtain the required licenses, permits, and all other appropriate legal authorizations from all applicable federal, state and local jurisdictions and pay all applicable fees. 3. PERFORMANCE REQUIREMENTS A. CONTRACTOR warrants that it holds all necessary and required licenses and permits to provide these services. CONTRACTOR further agrees to immediately notify AQMD in writing of any change in its licensing status. B. CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of Work. All reports shall be submitted in an environmentally friendly format: recycled paper; stapled, not bound; black and white, double-sided print; and no three-ring, spiral, or plastic binders or cardstock covers. AQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. C. CONTRACTOR shall perform all tasks set forth in Attachment 1 - Statement of Work, and shall not engage, during the term of this Contract, in any performance of work that is in direct or indirect conflict with duties and responsibilities set forth in Attachment 1 - Statement of Work. D. CONTRACTOR shall be responsible for exercising the degree of skill and care customarily required by accepted professional practices and procedures subject to AQMD'S final approval which AQMD will not unreasonably withhold. Any costs incurred due to the failure to meet the foregoing standards, or otherwise defective services which require re-performance, as directed by AQMD, shall be the responsibility of CONTRACTOR. CONTRACTOR'S failure to achieve the performance goals and objectives stated in Attachment 1- Statement of Work, is not a basis for requesting re-performance unless work conducted by CONTRACTOR is deemed by AQMD to have failed the foregoing standards of performance. Contract No. 03100 E. CONTRACTOR shall ensure, through its contracts with any subcontractor(s), that employees and . agents performing under this Contract shall abide by the requirements set forth in this paragraph. 4. CO-FUNDING A. CONTRACTOR shall obtain cofunding as follows: SAN BAG CMAQ, Nine Hundred Eleven Thousand Eight Hundred Fifty Nine Dollars ($911,859) and MSRC, Seventy Six Thousand Seven Hundred Ninety Two Dollars ($76,792). B. If CONTRACTOR fails to obtain funding in the amount(s) referenced above, then AQMD reserves the right to renegotiate or terminate this Contract. C. CONTRACTOR shall provide cofunding in the amount of One Hundred Eighteen Thousand One Hundred Forty One Dollars ($118,141) for this project. If CONTRACTOR fails to provide this cofunding, then AQMD reserves the right to renegotiate or terminate this Contract. . .9. 5. TERM - The term of this Contract is from the date of execution by both parties to December 31,2009, unless further extended by amendment of this Contract in writing. No work shall commence until this Contract is fully executed by all parties. 6. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the 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 the Contract. The nonbreaching party shall either 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 Paragraph 12. The non breaching party reserves all rights under law and equity to enforce this Contract and recover any damages. AQMD reserves the right to terminate this Contract at any time for nonbreach, and for the convenience of AQMD for any reason judged sufficient by AQMD. AQMD will reimburse CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all noncancellable commitments incurred in performance of this Contract through the effective date of termination for any reason other than breach. 7. INSURANCE - CONTRACTOR is permissibly self-insured and will maintain self-insurance in accordance with applicable provisions of California law as evidenced by certificate of self-insurance. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management District, Attn: Human Resources, Workers Safety & Risk Management Unit. Include the AQMD Contract Number on the face of the certificate. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 8. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, indemnify, and defend 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 as a result of the performance of this Contract. PAYMENT - AQMD shall pay CONTRACTOR a fixed price of One Hundred Forty Three Thousand Two Hundred Eight Dollars ($143,208) for station components identified in Attachment 1 - Statement of Work. Payment shall be in accordance with Attachment 2 - Payment Schedule, attached hereto and made a part 2 e Contract No. 03100 hereof. Payment shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an invoice prepared and furnished by CONTRACTOR showing services performed and referencing tasks and deliverables as shown in Attachment 1 - Statement of Work, and the amount of charge claimed. Each invoice 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, Attn: Larry Watkins, Technology Advancement. 10. REFUELING STATION OPERATIONAL AVALlABILlTY - CONTRACTOR is obligated to comply with the alternative-fuel refueling infrastructure Operational Availability requirements set forth as follows: A. CONTRACTOR commits to that the refueling station remain operational and accessible to public and/or fleets for a period of no less than five (5) years from the date the station begins dispensing fuel in its initial capacity. Should CONTRACTOR not fulfill this obligation, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided for the fueling facilities as indicated in the table below: 5 year Operational Availability Obligation Percentage of AQMD Funds to be Termination Occurs 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% e B. Should the station become inoperable and unable to be technically repaired or the repair would be too costly, CONTRACTOR shall be excused from the payback provision above, provided that the technical failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. C. The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date the station ceases operation. 11. INTEllECTUAL PROPERTY RIGHTS - Title and full ownership rights to any software, documents, or reports developed under this Contract shall at all times remain with AQMD. Such material is agreed to be AQMD'S proprietary information. A. Rights of Technical Data - AQMD shall have the unlimited right to use technical data, including material designated as a trade secret, resulting from the performance of services by CONTRACTOR under this Contract. CONTRACTOR shall have the right to use data for its own benefit. B. Copyright - CONTRACTOR agrees to grant AQMD a royalty free, nonexclusive, irrevocable license to produce, translate, publish, use, and dispose of all copyrightable material first produced or composed in the performance of this Contract. 12. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. 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. AQMD: South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Attn: Larry Watkins, Technology Advancement e 3 e e e Contract No. 03100 CONTRACTOR: City of San Bernardino Public Services Department 300 N. D Street San Bernardino, CA 92418 Attn: Lynn Merrill 13. EMPLOYEES OF CONTRACTOR A. AQMD reserves the right to review the resumes of any of CONTRACTOR'S employees, and/or employees of any subcontractors selected to perform the work specified here and to disapprove CONTRACTOR'S choices. 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, its officers, employees, agents, representatives or subcontractors shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, representatives or subcontractors be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. 14. CONFIDENTIALITY - It is expressly understood and agreed that AQMD may designate in a conspicuous manner the information which CONTRACTOR obtains from AQMD as confidential and CONTRACTOR ag rees to: A. Observe complete confidentiality with respect to such information, including without limitation, agreeing not to disclose or otherwise permit access to such information by any other person or entity in any manner whatsoever, except that such disclosure or access shall be permitted to employees of CONTRACTOR requiring access in fulfillment of the services provided under this Contract. B. Ensure that CONTRACTOR'S officers, employees, agents, representatives, and independent contractors are informed of the confidential nature of such information and to assure by agreement or otherwise that they are prohibited from copying or revealing, for any purpose whatsoever, the contents of such information or any part thereof, or from taking any action otherwise prohibited under this paragraph. C. Not use such information or any part thereof in the performance of services to others or for the benefit of others in any form whatsoever whether gratuitously or for valuable consideration, except as permitted under this Contract. D. Notify AQMD promptly and in writing of the circumstances surrounding any possession, use, or knowledge of such information or any part thereof by any person or entity other than those authorized by this paragraph. E. Take at CONTRACTOR'S expense, but at AQMD'S option and in any event under AQMD'S control, any legal action necessary to prevent unauthorized use of such information by any third party or entity which has gained access to such information at least in part due to the fault of CONTRACTOR. F. Take any and all other actions necessary or desirable to assure such continued confidentiality and protection of such information. G. Prevent access to such by any person or entity not authorized under this Contract. H. Establish specific procedures in order to fulfill the obligations of this paragraph. I. Notwithstanding the above, nothing herein is intended to abrogate or modify the provisions of Government Code Section 6250 et.seq. (Public Records Act). 4 e e e Contract No. 03100 15. PUBLICATION A. AQMD shall have the right of prior written approval of any document which shall be disseminated to the public by CONTRACTOR in which CONTRACTOR utilized information obtained from AQMD in connection with performance under this Contract. B. Information, data, documents, or reports developed by CONTRACTOR for AQMD, pursuant to this Contract, shall be part of AQMD'S public record unless otherwise indicated. CONTRACTOR may use or publish, at its own expense, such information provided to AQMD. The following acknowledgment of support and disclaimer must appear in each publication of materials, whether copyrighted or not, based upon or developed under this Contract. "This report was prepared as a result of work sponsored, paid for, in whole or in part, by the South Coast Air Quality Management District (AQMD). The opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of AQMD. AQMD, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and assume no legal liability for the information in this report. AQMD has not approved or disapproved this report, nor has AQMD passed upon the accuracy or adequacy of the information contained herein." C. CONTRACTOR shall inform its officers, employees, and subcontractors involved in the performance of this Contract of the restrictions contained herein and require compliance with the above. 16. 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 or mental disability 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 paragraph and shall include in each such subcontract language similar to this paragraph. 17. SOLICITATION OF EMPLOYEES - CONTRACTOR expressly agrees that CONTRACTOR shall not, during the term of this Contract, nor for a period of six months after termination, solicit for employment, whether as an employee or independent contractor, any person who is or has been employed by AQMD during the term of this Contract without the consent of AQMD. 18. PROPERTY AND SECURITY - Without limiting CONTRACTOR'S obligations with regard to security, CONTRACTOR shall comply with all the rules and regulations established by AQMD for access to and activity in and around AQMD'S premises. 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. 20. NON-EFFECT OF WAIVER - The failure of CONTRACTOR or AQMD 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. 5 _21. Contract No. 03100 ATTORNEYS' FEES. In the event any action is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own attorneys' fees and costs. 22. FORCE MAJEURE - Neither AOMD 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 indirecUy, 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 AOMD 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 paragraphs 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 Slate of California Venue for resolution of any disputes under this Contract shall be Los Angeles County, California 28. APPROVAL OF SUBCONTRACT A. It CONTRACTOR intends to subcontract a portion of the work under this Contract, written approval of the Iemns of the proposed subcontract{s) shall be obtained from AQMD's ExecuUve Officer or designee _ 6 . .30. . Contract No. 03100 prior to execution of the subcontract No subcontract charges will be reimbursed unless such approval h as been obtained. B. Any material changes to the subcontract(s) that affect the scope of work, deliverable schedule. and/or cost schedule shall also require the written approval of the Executive Officer or designee prior to execution. C. The sole purpose of AQMD's review is to insure that AQMD's contract rights have not been diminished in the subcontractor agreement. AQMD shall not supervise, direct, or have control over, or be responsible for, subcontractor's means, methods, techniques, work sequences or procedures or for the safely precautions and programs incident thereto, or for any failure of subcontractor to comply with any local, state. or federal laws, or rules or regulations. 29. PREVAILING WAGES - CONTRACTOR is alerted to the prevailing wage requirements of Califomia Labor Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the AQMO's headquarters, of which shall be made available to any interested party on request Notwithstanding the preceding sentence, CONTRACTOR shall be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interesled party . upon request, paying any applicable prevailing rates, posting copies thereof al the job site and flowing all applicabie prevailing wage rate requirements to its subcontractors. CONTRACTOR shall indemnify, defend. and hold harmless the South Coast Air Quality Management District against any and all claims, demands, damages, defense costs or liabilities based on failure to adhere to the above referenced statutes. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modifICation of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification IS sought. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 7 ^ ':; ." '. ~_~, c . ...-:\., ,\.~. ;.':~~:::-'::'~ <: 'W _/ ;~.:;_.'::, ,i~~.., , , ,',.- . <)t''-''t(J . ,_....~'"'..~_c~~. . ;{,;~ .'.....~;, _o:.,'jf-. ',I' . . e Contract No. 03100 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: Norma J. Glover, Chairman of the Board By: Date: Date: ATTEST: Jackie Dix, Clerk of the Board By APPROVED AS TO FORM: Barbara Baird, District Counsel By(;~e~~ ~~v~JS~ 8 . . . ATTACHMENT I ST ATEMENT OF WORK FOR CITY OF SAN BERNARDINO CONTRACTOR shall construct and operate a public access, liquefied natural gas and liquefied/compress natural gas (LNG-L/CNG) fueling station. The fueling facility location is at the City of San Bernardino Municipal Service Yard, located at the intersection of Pershing and Redick Streets in the City of San Bernardino. CONTRACTOR shall design and size the LNG- L/CNG fueling station to meet CONTRACTOR's long-term needs as well as its other public/private partners. The new station will be designed to accommodate residential and commercial refuse collection vehicles. CONTRACTOR agrees that the LNG-L/CNG station shall be publicly accessible to all refuse fleets within the basin for the entire term of the contract. CONTRACTOR agrees that the LNG- L/CNG station equipment shall remain within the geographical boundaries of the AQMD for the term of this Contract. The CONTRACTOR's proposal dated December 4, 200 I, in response to RFP No. P2002-19 is hereby incorporated by reference as part of this Contract. Any changes or deviations from CONTRACTOR's proposal, including but not limited to station components, will require written approval by the AQMD Project Officer. This approval must be provided as supporting documentation for any invoice requesting payment for station components that deviate from those originally approved for AQMD funding. CONTRACTOR shall perform the following tasks: Task I Construction and Installation of Fueling Station CONTRACTOR shall provide AQMD a copy of its solicitation for the construction of the LNG- L/CNG fueling station. CONTRACTOR shall provide AQMD a copy of its subcontractor agreement for AQMD review prior to proceeding with fuel site installation. The LNG-L/CNG station will consist of the following components: . 15,000 gallon bulk tank . 165 psig maximum allowable working pressure, insulated to achieve a normal evaporative rate less than or equal to 0.5 percent per day . LNG two-stage pump providing 95 psig minimum differential pressure at 60 gpm with a submerged pump to eliminate need for a cool down period . LNG single hose dispenser with an average flow rate of 25 to 50 gpm, with piping and stub-ups to add two additional dispensers at a later date as demand dictates . Mass metering with an accuracy of plus or minus 1.5 percent and a meter on each pump/dispenser . Two CNG dual-hose dispenser(s) capable of dispensing CNG at both 3,000 and 3,600 psi . 30,000 scf combined storage with priority sequencing C:\Documents and Scttings\HPearce\Local Settings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc e e e Installation including, but not limited to, utility tie-ins, start-up, debugging and stabilizing the facility along with design, engineering, permitting, project management, training and purchasing will be provided by CONTRACTOR. Task 2 Operation of Station CONTRACTOR agrees it shall operate the station for at least five (5) years after installation and commencing to dispense fuel to fleets. Should CONTRACTOR desire to remove the station to another location outside the geographical bounds of the AQMD or close the site prior to the end date of this Contract, the CONTRACTOR shall reimburse the AQMD a prorated share of funds per the terms of the CONTRACT. CONTRACTOR's maintenance staff shall be available 24 hours per day, seven days per week. Task 3 Reporting CONTRACTOR shall provide quarterly, annual and final reports as well as two-page summary as stated in Deliverables. C:\Documents and Settings\HPearce\Local Settings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc e e e PROJECT MILESTONES CITY OF SAN BERNARDINO Milestone Due Date Documentation of bid process and contractor selection .........................May 2004 to construct fueling facility Award construction contract, submit copies of approved .......................June 2004 Construction permits, including grading building, electrical, etc. Start construction and installation of facility ...........................................June 2004 Full operation and Final Report ...............................................................December 2004 Two-Page Project Summary ....................................................................December 2004 Quarterly Progress Reports..................................................................... .December 2003 (Due the 10th of the following month) .....................................................November 2004 Annual Project Progress Reports. ............................................................December 2005-09 (Due the 15th of the month) C:\Documents and Settings\HPearce\Local Settings\Temporary lnternet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc e e e Deliverables, Including Reporting & Formatting Requirements In addition to the deliverables set forth in the above-referenced statement of work, CONTRACTOR shall supply the following reports to the AQMD under this Contract. Each submitted report shall be stapled, not bound, printed in black ink, double-sided type, on an 8- 1/2 by I I inch page, and shall include camera-ready originals. I. Two stapled copies of each quarterly progress report due by the 10th day of each month following the reporting period. CONTRACTOR shall submit one copy of each progress report to AQMD's Project Manager, and one copy to AQMD's Contract Administrator-Technology Advancement, in conjunction with the invoice for the same period. Each progress report shall include, but not be limited to, the following: a. b. c. Reference to AQMD contract number and title of project. Reporting time period (months, year). Description of work completed during the reporting period, including a discussion of problems encountered and how those problems were resolved; and other relevant activities. Color photographs in a digital format, such as .ppt. .tif, jpg on a CD or sent electronically, of fueling infrastructure during the reporting period. Discussion of work planned for the next reporting period. Discussion of project status with respect to time schedule and steps being taken to resolve any delays. Discussion of cost status with respect to budget status and work completed to date, costs to date, explanation of any overruns, and steps being taken to bring costs back into line. d. e. f. g. 2. Three stapled copies of a final report for review, comment, and approval shall be submitted no later than the date specified in the project milestones. CONTRACTOR shall submit two written copies and one electronic version of the final report to AQMD's Project Manager and one written copy to AQMD's Contract Administrator-Technology Advancement. This document shall be considered in the public domain, in conformance with the California Public Records Act (Government Code Section 6250 et seq.). Any trade secret information may be submitted to AQMD in a separate report in which the trade secret information is specifically identified. AQMD agrees to treat such trade secret information in accordance with its Public Records Act guidelines relating to trade secret information. AQMD shall complete its review of the final report within four weeks of its receipt from CONTRACTOR. The final report shall include, but not be limited to, the following: a. b. Reference to AQMD contract number and title ofproject. Project background and objectives. C:\Documents and Settings\HPearce\Local Settings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc . . . c. An executive summary up to three pages in length to include a short, definitive statement of the problem/project; objective of the project, including emission control objectives or goals and reference to AQMD Rules if applicable; subject of the project including the technology demonstration site, participants, dates, etc.; conclusions (potential emissions impact, cost implications, and other factors); recommendations (design changes/optimization, other applications of the technology, and commercialization paths); and acknowledgment of all project sponsors. A detailed description of the scope of work. Annual fuel throughput Color photographs in a digital format, such as .ppt. .tif, jpg on a CD or sent electronically, of fully operational fueling infrastructure. Results - a discussion of the expected project results versus what was actually achieved. Costs - a comparison and discussion of expected versus actual AQMD contract costs. Problems - a discussion of significant problems encountered during the contract and how they were resolved. Recommendations d. e. f. g. h. I. J. 3. Two stapled copies of an annual report, plus one electronic copy, to be submitted annually for the term of the agreement as specified in project milestones. This document shall be considered in the public domain, in conformance with the California Public Records Act (Government Code Section 6250 et seq.). The annual report shall include, but not be limited to, the following: a. Reference to AQMD contract number and title ofproject. b. Slides or photos in electronic format of: - The natural gas fueling site. c. A description of the operation of the fueling site including: - Annual fuel throughput. - Amount of natural gas purchased during the reporting period. d. Problems - a discussion of significant problems encountered during the year and how they were resolved. 4. CONTRACTOR shall submit a two-page project synopsis. Attachment 3 to this contract provides the format and content to be used for this synopsis. In addition to a hard copy, CONTRACTOR shall provide the synopsis in an electronic version, using Microsoft WORD. All color photographs and images shall be embedded within the synopsis AND provided separately in digital format, such as .ppt, .tif. or .jpg, on a CD or sent electronically. C:\Documents and Settings\HPcarce\Local Settings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc r-. . . . ATTACHMENT 2 PAYMENT SCHEDULE FOR CITY OF SAN BERNARDINO This is a fixed price contract. CONTRACTOR shall be reimbursed in the amount of $143,208 as cost-share to offset the costs of purchasing and installing LNG-L1CNG fueling systems at CONTRACTOR's site located at the intersection of Pershing and Redick Streets. The AQMD cost-share of capital investments for storage and dispensing equipment shall not exceed $143,208. An invoice must be accompanied by supporting documentation, including equipment delivery, installation of the fueling facility, and proof that station is fully operational. Final invoice shall be paid upon the receipt and acceptance of final report. Milestone Payment Fully Operational Station & Final Report $143,208 Not-to-exceed amount $143,208 C:\Documents and Settings\HPearce\Local Settings\Temporary Internet Files\OLK28\City of San Bernardino 03100 SOWandPaySch.doc . . . Attachment 3 AQ.l1D COlltract # Date (~r Publication (as month ,rear) Project Title Contractor Pr.-mt! contrac{()r uno' .\Ign~licunf subcontractors Cosponsors Lisl cosponsors ji-om highest comributor fo lon-est " ..-u.,: Project Officer .'I()JfO pf'o)\!cr mOI1C1-,?er name Background This section is a brief introduction describing the need for the technology and,/or cJean fuel, as de(l11ed by rules and regulations mand::lles of AQMD, ARB. EPA, DOE, ete. II' applicable, descr:be other relevant factors. such as economic issul:s, energy SJVll1gs, ete Project Objective This section should briefly describe the project ob,lectives as onginally stated in the Board (or EO) lener If the objective evolved significc\J1tl) during the contracting procedure. It should be noted how and why Technology Description This section describes the general principles of operation and emissions control approach of the technology and,/or clean fuel involved in the proJect. If applicable, discuss how the principle of operation differs from other, currently available equipment. This includes describing what the "advancement" ac:ually is over currently available technologies. Status This sectIon describes the status or progress of the project. If the project was compieted. provide the d~te of compietion and note that the final report IS on file \.vith complete technical details of the project. Describe major project events, sllch as the development'/ testing! delivery of hardware (if applicable). If the project was terminated or ended prematurely you still need to fije this report. Regardless or how it ended. per 58 199 VOll must describe any' unanticipated problems that v..'ere encountered during the project. and how they' were (or were not) resolved.. If''fatal'' problems were encoLllltered, thIS section will be the heart of the repon. Slllce it would be unlikely that major benefits or emissions reductions VI'ere realized in a terminated project. Picture aftechnology thczt has been supported with AQAID/Technolog} Advancemem cosponsorship, Ijapplicahle, The picture, preferahly a photograph. should clear!). illustrute the tcchnolos...r'v. The see a/the Image should Oil aboUl 3x3 lrJ fitthls two column format. The pIcture of the technolog) should he posltlOned on the Font page Results This section sUlTlmarizes all Zlvailable emissions results nnd key' performance characteristics. Performance is meant in the broJdest terms, including (as applicable) emissions. energy efficiency, operation and maintenance requirements, overall environme:1tal impacts. and performance tradeoffs. The primary emphasls of this section is the presentation of project data. Performance results should be summarized using clear, graphical depictions \\'henever possible: Graph ar table swnmari=tng key peljonnance characteristics, Graphs are preferred over wbles when possible Graphicul data presented should shmv the most represemativ(! dUlLl of {he pruject 's/technology '.1 performance, Glle graph \-vauld he preferred but no more than flvO data presentations In this document Measured performance is to be compared with the objectives/goals set for the project. Comparisons should foclls on targeted emissions reductions . and or other key performance goals (e.g range for elec~ric vehicles) There should also be a brief discussion of perfonnance tradeoffs. That is, did achieving one performance characteristic goal, such as emissions, compromise another performance characteristic. such as efficiencJ', Benefits This section crY5talJizes the above-noted performance charactenstics Into project benefits, e.g., reduced emissions, increased efficiency. reduced global wanning gases. or other environmental ~nefi[s. The potential emissions inventory' impactofthis technology applied in the South Coast Air Basin mllst be estimated based on performance results of this project and some estimate of market penetratlon (concisely state assumptions) . It clearly describes how those actual benefits compare with the benefits that were anticipated at the project's start. Be as detailed <J.S possible, including discussion of overall environmental Impacts and benefits. Address the question of whether the technology may reduce an ail" pollutant whlie improving (or wOI'sening) problems with water pollution. solid waste. global \.varming, toXIC emissions, etc Project Costs This brief section describes the actual costs of the program (.A.QMD's funding contribution as \-vell as the overall cost sharing) and ho\\/ they compare vv'ith the originally projected costs of the projec: as sta.ted in the Board (or EO) letter. Cost InformatIon can be presented graphically', in a table, or in paragraph form. ThIS section does not address cost effectiveness 01' cost of commercialization . Commercialization and Applications This section describes the anticipated or potential applicatIons of the demonstrated technology and/or clean fuel. If applicable. discllss follow on projects to further lJT1prove the technology If available or applicable. discuss eX;Jected costs of control and cost-effectiveness in the context of currentiy aVcilable technologies. Cost data should be noted as estimates or projections, especially Slllce T A projects are often .'first of a kind," Prospects for commercialization should include a discussion of the potential size of the target or primary ~narket, and if there is another marker segment or application that could use the technolog). Discussion of the commercial status of the technology should address questions such as: (1) ho\.\' close to a commercial product is it; (2) what work remains to bring it to market; (3) when could it be made commercially available and competitjve~ and (4) what barriers remain before the technology can be commercialized. For 1/I0r2 mformallO/7 Technology Advancemel1l Office. South CUllS! Air Qua/lty lv!anagement District ]iS65CopfeyDnve DlamondBJr CA 91:65.909.3963300 FCLY:9093963-:52 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.us ~",' September 18, 2003 Mr. Larry Watkins, Technology Advancement South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Dear Mr. Watkins, At the Mayor and Common Council meeting of September 15, 2003, the City of San Bernardino adopted Resolution 2003-261 - Resolution authorizing the Mayor to execute a contract between the City of San Bernardino and the South Coast Air Quality Management District for the receipt of grant funds in the amount of $143.208 for the construction of the LNG-L/CNG Fueling Station at the City Corporate Yard. Enclosed are two (2) original agreements. Please obtain signatures in the appropriate location and return one original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by November 14, 2003. If you have any questions, please do not hesitate to contact me at (909)384-5002. Si~cerel~, _. /' .-1., ,..1)( (~/4 ({ lc .)4.:1 Michelle Taylor (/ Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty South Coast Air Quality Management District 21865 E. Copley Drive. Diamond Bar. CA 91765-4182 (909) 396-2000 . www.aqmd.gov I!Z1.:~ October 2, 2003 Mr. Lynn Merrill City of San Bernardino Public Services Department 300 North D Street San Bernardino, CA 92418 RE: REVISED CONTRACT NO. 03100 De~: Enclosed herewith are two originals of the above-mentioned contract in the amount of $143,208 as cost-share for the purchase and installation ofa LNG-L/CNG fueling station at your San Bernardino facility. These originals simply replaced the signature page to update the names of our Chairman and Clerk of the Board. Please have the new signature pages where tagged signed and both complete originals returned to me at your earliest opportunity. Note I also replaced the fax pages with the original pages. Once the contract is fully executed by both parties, which should take one week upon receipt from the City, an original will be sent to Michelle Taylor for the City's records. I apologize that execution of this contract has been so convoluted and drawn out. If you have any questions regarding the contract, please contact me by telephone at 909 396-3237 or bye-mail at dramirez@aqmd.gov. R.~e/S ctfully, C 1\ ",~ ", J Drue . Ramirez Contracts Science & Technology Advancement Idar Fed Ex Enclosures E:\tech _adv\Contracts Folder\Infrastructure Contracts\City of San Bernardino 03100 letter.doc ~: :~~ South Coast 1I~< Air Quality Management District ).xc,; , 21865 E. Copley Drive, Diamond Bar, CA 91765-4182 i, ......,-_ (909) 396-2000 . www.aqmd.gov November 6, 2003 Ms. Lynn Merrill City of San Bernardino Public Services Department 300 N. D Street San Bernardino, CA 92418 RE: AQMD Contract #03100 Dear Ms. Lynn Merrill: Enclosed please find one fully executed original of the above-mentioned contract for the project, Purchase/Install LNG-UCNG Fueling System at San Bernardino. Facility. Please retain this copy for your records. Future correspondence for this contract, including invoices and progress reports, should be sent to the attention of Contract Administrator-Technology Advancement. If you have any questions, please feel free to contact Drue Ramirez at (909) 396-3237 or Larry Watkins at (909) 396-3246. :fdt First Class Enclosures oo~@rnDwrn@ NOV 1 0 2003 DIRECTOR PUBUC SERVICES . , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): Vote: Ayes 1- " q-IS-O:S Item # Nays _10 'ZUS-3 - Lfo I \~ Resolution # Abstain -0 Absent G Change to motion to amend original documents: Rcso. # On Attachments: ~ Contract term: - Null/VoidAfter:ioG D"'l"' ( \1-1'-I-C3 Note on Resolution of Attachment stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: 0,-\,-0:' q-II-'Y3 Date ofClerk/CDC Signature: <1- \ i:<'C'~ ./ ........... Date Sent to Mayor: Date of Mayor's Signature: Reso, Log Updated: Seal Impressed: Date Memo/Letter Sent for Signature: q-\ "';-C'~ See Attached: ../ Date Returned: See Attached: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): YesL No By Ye3 No-L.. By Yes No.-L By Yes No ,/ By Yes No 7 By Copies Distributed to: City Attorney /' Parks & Rec. Code Compliance Dev. Services Police Public Services ,,/' Water EDA Finance Others: Notes: MIS BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.l Ready to File: _ Date: Revised 01/12/01