HomeMy WebLinkAbout23-City Administrator
~CI'FY .OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator
Subject:
Authority to execute contract
between South Coast Air Quality
District Management District and
City for matching funds to acquire
an electric vehicle.
Dept: Administrator's Office
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Date: August 13, 1997
Synopsis of Previous Council Action:
July 1997 approved budget allocation of $8700 to Transportation Fund Lease Payment Account No. 111-241-
5803.
Recommended Motion:
1. Appropriate $7,800 from account No. 111-000-3405 (Transportation Fund Balance Account) to
No. 111-241-5803 ("lease payments"), be approved,
AND
2. Adopt Resolution
f{6tt
Contact person: Teri Ledoux. Administrative Intern
Phone 5122
Supporting data attached: Staff Report. Resolution. MSRC Application
Ward:_
FUNDING REQUIREMENTS: Amount:$7.800.00
Source:(Acct. No.) 111-241-5803
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Council Notes:
Res 97- .;2 & 1
Agenda Item No. :J.. 3
'11~/'17
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'CITY.OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
75-0264
STAFF REPORT
Several funding opportunities are currently being offered as incentives to acquire electric vehicles.
A $5000 Air Quality District Credit is deducted directly from the price of the vehicles. In
addition, a Local Government Subvention Match Fund Program is offering a 20% match on
subvention funds used to procure an electric vehicle.
One year's lease payments were budgeted ($8700) for the City to acquire an electric vehicle in
FY 97/98. However, to take best advantage of the Match Program it would be in the City's best
interest to lease the vehicle with a single lease payment, rather than a 36 month lease. The total
payment due at lease signing would be $16,248, rather than 36 payments of $490 per month, for
a total $18,520. In addition, the 20% match on a single lease payment would be $3250 vs. only
$1,764 match with a 36 month lease (because the match program is only 18 months).
The match grant of $3,250 is paid on a reimbursement basis. Therefore, the full amount of
funding will be expended initially and paid upon execution and payment of lease obligation.
The vehicle would be utilized as a pool car for use by all departments. Leasing an electric
vehicle would provide visible evidence of the City's commitment to reduce mobile source
emissions and promote the concept to the public.
The Transportation Fund has an estimated balance of $312,000.
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B.IL APPLICANT INFORMATION
A. Please provide the following applicant information in the space provided. Return this
page as part of your Project Application:
Applicant Name:
Address:
Point of Contact:
Title:
Telephone Number:
FAX Number:
City of San Bernardino
300 North "D" Street San Bernardino, CA 92418
Lori Sassoon
Sr. Administrative Analyst
.
(909) ~R4-fi1??
(909) 384-5138
B. Please answer the following question(s):
1. Are you submitting a Joint Application with other cities/counties?
2. If'V es', are you authorized to act on behalf of all participants?
3. f'Ves', please proVide the names of all participating cities/counties:
a)
b)
c)
d)
e)
If you answered 'Ves' to questions 1 and 2. above, have you attached a
letter from each entity designating a lead agency and authorizing that
agency to act on behalf of the other participants?
B-2 .
YES
NO
CJ
CJ
d
CJ
YES NO
CJ
CJ
e B.III. PROJECT DESCRIPTION/STATEMENT OF WORK
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A. Please review the Qualifying Project Categories described in Section A, Subsection
A.IV, and check the Category box that Corresponds to your proposed project. Please
return this page as part of your Project Application:
1. Alternative FueVElectric Vehicles d 5. Transportation Demand Management CJ
2. Land Use Strategies CJ 6. Transportation Pricing Strategies CJ
3. Public Transportation CJ 7. Bicycle Related Projects CJ
4. Traffic Management CJ 8. Public Education Projects CJ
B. Please answer the following questions by checking the appropriate box and providing
explanatory information as requested:
YES NO
Is the proposed project a continuation of an existing project?
Is the proposed project an expansion of an existing project?
CJ
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C. If you checked the ''yes'' box for either of the above two questions, please provide a
brief exp1anation of the current project you wish to continue. If the proposed project
is an expansion of an existing project, please provide a brief explanation of the
existing project and the proposed expansion. Please feel free to attach an extra sheet
if necessary.
If you checked the ''yes'' boz. please explain:
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EXHIBIT A: PROJECT DESCRIPTION/STATEMENT OF WORK
PROJECT GOALS AND OBJECTIVES:
The City of San Bernardino is interested in acquiring an electric vehicle for use as a pool car.
All City departments will have access to the vehicle for various purposes such as, general pick-
ups, inspections, meetings etc.
The vehicle will provide visible evidence of the City's commitment to reduce mobile source
emissions and promote the important concept to the public.
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EXHIBIT B: PROJECT COST BREAKDOWN
(please return this page as part of your Project Application)
A. Please provide the following information.regarding project funding:
What is your Cu"ent Unallocated AB 2766 Subvention Fund Balance? $ ::! 1 2 000
B. Please provide the following Project Cost by Category Information:
PROJECT COST BY FUNDING CATEGORY
1. AS 2766 SUBVENTION FUNDS (existing unallocated funds)
2. AS 2766 SUBVENTION FUNDS FROM FY 1997-'98
3. MSRC DISCRETjONARY FUNDS REQUESTED
4. ADDITIONAl PROJECT CO-FUNDING
5. TOTAl PROJECT COST
Is the MSRC match funding request less than or equal to 25% of the
proposed AB 2766 Subvention Fund amount?
Is the MSRC match funding request less than or equal to 20% of the
Total Proposed Project Cost?
Does the applicant have sufficient funds available to cover the total
project cost, considering that MSRC match funds are available on a
reimbursement-basis only?
Does the applicant have sufficient funds available to cover ANY cost
increases, considering that increases in MSRC match funding will not
be available?
AMOUNT
$ 312,000.
$
$
$
$
175,000.
3250.00
o
16,248.00
YES NO
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C. Please list all funding sources other than AB 2766 Subvention or MSRC
Discretionary Match funds:
NON-AB 2766/MSRC FUNDING SOURCE
1.
2.
3.
4.
S.
TOTAL OTHER PROJECT CO.FUNDING:
8-6
AMOUNT
$
$
$
$
$
$
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D. As applicable, please list all project costs by cost element. Please provide as much
detail as practicable when detailing project costs. For example, please provide labor
categories, hourly rates, number of hours, etc. when defining labor costs.. Please
return this page as part of your Project Application:
CAPITAL EQUIPMENT COSTS (VEHICLE PURCHASE, ETC.):
1. Electric Vehicle Single Lease Payment $ 16,248.00
2. $
--
3. $
.._.___0______.
4. $
5. $
TOTAL CAPITAL ~QUIPMENT COSTS: $
DIRECT LABOR COSTS:
1. labor hours X $lhour = $
2. labor hours X . $lhour = $
-..
3. labor hours X $lhour = $
e 4. labor hours X $lhour = $
TOTAL DIRECT LABOR COSTS: $
OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS:
1. $
...---.--
2. $
--
3. $
----
4. $
TOTAL OTHER DIRECT COSTS: $
ADMINISTRATIVE COSTS: $
TOTAL PROJECT COST: $ 16,248.00
Please note that the Total Project Cost reflected in subsections B and D. above. should
be consistent.
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B-7
e EXHIBIT C: PROJECT MILESTONE SCHEDULE
Milestone
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01 car
Com letion Date
Se tember 1997
December 1997
December 1997
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e EXHIBIT D: EMISSIONS REDUCTION INPUT DATA
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1. Number of Vehicles to be leased:
One
2. Make/Model:
General Motors EVI
3. Alternative Fuel Type:
Electric motor
4. Engine Model:
Electric motor
5. Estimated Annual Vehicle Milage:
10,000 miles
6. Estimated Vehicle Life:
Unknown
,
CITY OF
San Bernardino
OFFICE OF THE CITV ADMINISTRATOR
RISK MANAGEMENT DIVISION
August 15, 1997
Michele Stitzel
MSRC Contracts Administrator
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar. CA 91765
MSRC Local Government Subvention Fund Match Program Letter of Self
Insurance
e Dear Ms. Stitzel:
Subject:
This is to certify that the City of San Bernardino self-administers and self insures.
defends. settles and pays third party claims for bodily injury. personnel injury, death
and/or property damage. Protection under this program is warranted to meet or
exceed $1 million. combined Single Limit. per occurrence. Additionally, the City of
San Bernardino is permissively self-insured for Workers' Compensation under laws of
the State of California.
The City agrees to provide the South Coast Air Quality Management District with
thirty 1301 days prior written notice of any changes in this program.
If you need any further information regarding this risk-retention program. please
contact the Risk Management Staff at 19091 384-5308.
Sincerely.
0i i iJc -) j. r;:. {:,-; "1'1 i / If" -
(::..J_"'~" ,c..: r- ,."{ 1..'\,/ 11;lr
Edward S. Raya
e Director of Risk Management. City of San Bernardino
ESR/mf
3 0 0 N 0 A T H . D' S T A E E T. SAN I E A N'A R 0 I NO.
CALIFORNIA 12411.0001 (...).........
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B. VII. PROJECT AUTHORIZATION DOCUMENTATION
Please attach the following items and submit them with your Project Application:
I. City Councilor County Board of Supervisors Minute Action that:
a) Authorizes the proposed project;
b) Commits the City or County to the finn Project Milestone Schedule reflected in
the Application; and
c) Allocates the AB 2766 Subvention Funds and any other co-funding to be applied
to the project.
2. A copy of the Agenda Item from the City Council or County Board of Supervisors
meeting agenda package.
3. Two (2) signed copies of the Contract Signature Page. Copies are provided in Section
C, pages C-7 and C-8.
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C.II. CONTRACT DOCUMENTS
Application No.--
Contract No. AB2766,......
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
AB 2766/MSRC LOCAL GOVERNMENT SUBVENTION FUND
MATCH PROGRAM CONTRACT
WHEREAS, the parties to this Contract are the South Coast Air Quality Management AQMD
(hereinafter referred to as "AQMD") whose address is 21865 Copley Drive, Diamond Bar,
California 91765, and.... (hereinafter referred to as "CONTRACTOR") and
WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary
source air pollution in the South Coast Air Basin in the State of Califomia (State) and AQMD
is authorized under State Hea~h & Safety Code Section 44225 (Assembly Bill (AB) 2766) to
levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and
to implement the California Clean Air Act; and
WHEREAS, under State Hea~h and Safety Code Section 44223(a) the AQMD's Governing
Board has authorized .the imposition of the statutorily set motor vehicle fee and by taking
such action the State's Department of Motor Vehicles (DMV) is required to collect such fee
and remit it periodically to AQMD; and
WHEREAS, State Health and Safety Code SectiOn 44243(c) further mandates that thirty (30)
percent of such vehicle registration fees be placed by AQMD into a separate account for the
sole purpose of implementing and monitoring programs to reduce air pollution from motor
vehicles; and
WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile
Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to
fund projects from the separate account and pursuant to approval of the work program by
AQMD's Governing Board, AQMD Board authorized a contract with CONTRACTOR for the
project described in Exhibit "A" (Project Description) incorporated herein and made a part
hereof, and
WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary
Funds as set forth in CONTRACTOR'S AS 2766 Local Govemment Subvention Match
Program Application dated
NOW THEREFORE, the Parties agree as follows:
TERMS AND CONDITIONS OF PERFORMANCE
1. DMV FEES _ CONTRACTOR acknowledges that AQMD cannot guarantee the amount
of fee to be collected under AB2766 will be sufficient to fund this Contract. CONTRACTOR
further acknowledges that AQMD's receipts of funds is contingent on the timely remittance by
State's DMV. AQMD assumes no responsibility for the collection and remittance of motor
vehicle registration fees by DMV to AQMD in a timely manner.
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2. A1.!Q!I - CONTRACTOR shall, at least once every two years, or within two years of
the termination of the contract if the term is less than two years, be subject to an audit by
AOMD or its authorized representative to determine if the revenues received by
CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the
Clean Air Act of 1988. AOMD shall coordinate such audit through CONTRACTOR'S audit
staff. If an amount is found to be inappropriately expended, AOMD may withhold revenue
from CONTRACTOR in the amount equal to the amount which was inappropriately
expended. Such withholding shall not be construed as AOMD's sole remedy and shall not
relieve CONTRACTOR of its obligation to perform under the terms of this Contract.
3. IEBM - The term of this Contract is from date of contract execution by both parties
through completion of the project or July 31, 1999, whichever occurs first unless terminated
earlier as provided for in Paragraph 4 below entitied Termination. All project deliverables and
requests for reimbursement must be received by July 31., 1999. Failure to meet this
deadline will result in forfeiture of AB 2766 Discretionary Funds. Extensions to this deadline
will not be granted. No work shall commence prior to the Contract start date, except at
CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully
executed.
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4. 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 Exhibits " A" and "C' , this shall constitute a material
breach of the Contract. The non-breaching party shall have the sole and exclusive option
either to notify the breaching party that it must cure this breach within fifteen (15) days or
provide written notification of its intention to terminate this Contract with thirty (30) day's
written notice. Notification shall be provided in the'manner set forth in Paragraph 21 below,
entitied - "Notices.' Termination shall not be the exclusive remedy of the non-breaching
party. The non-breaching 'party reserves the right to seek any and all remedies provided by
law. AOMD reserves the right to terminate this Contract for non-breach and will reimburse
CONTRACTOR for actual costs incurred in performance of this Contract through the
effective date of termination for non-breach.
5. INSURANCE - Prior to the start of this Contract, CONTRACTOR shall fumish evidence of
liability insurance with a combined single limit (general and automotive) of One Million Dollars
($1,000,000). CONTRACTOR shall maintain such coverage during the term of this Contract
and any extensions thereof. AOMD shall be named as an additional insured on such liability
policy and thirty-(30) days written notice of modification of any such insurance shall be given'
by CONTRACTOR to AOMD. Such modification is subject to pre-approval by AOMD. If
CONTRACTOR fails to maintain the required insurance coverage, AOMD reserves the right
to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or
deduct the cost thereof from any payments owed to CONTRACTOR.
6. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify
AOMD, its officers, employees, agents, representatives, and successors-In-interest against
any and all loss, damage, cost, or expenses which AOMD, its officers, employees, agents,
representatives, and successors-In-interest may incur or be required to pay by reason of any
injury or property damage caused or incurred by CONTRACTOR, its employees,
subcontractors, or agents in the performance of this Contract.
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7. PAYMENT
A. AOMD shall pay CONTRACTOR a Firm Fixed Price of - Dollars ($-) upon completion
of the project on a reimbursement basis. Any funds not expended upon early contract
termination or contract completion shall revert to the AB2766 Discretionary Fund. Payment
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of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval
by AQMD of an itemized invoice prepared and fumished by CONTRACTOR.
B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company
letterhead, and list AQMD's contract number, period covered by invoice, and
CONTRACTOR'S social security number or Employer Identification Number and submitted
to: South Coast Air Quality Management AQMD, 21865 East Copley Drive, Diamond Bar,
CA 91765. Attn: Michele Stitzel.
C. No funds shall be paid out to CONTRACTOR pursuant to this contract, until the project
described in Exhibit "A' is completed and proof of completion is provided to AQMD. If the
project described in Exhibit" A" is not completed and satisfactory proof of completion is not
provided to AQMD, no monies shall be due and payable to CONTRACTOR Proof of
completion shall include a Final Report estimating the emission reductions obtained from the
project and providing the basis of the estimate.
D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost
overruns. Any project cost overruns ,must be funded from other than AB 2766 Discretionary
Funds.
E. The Firm Fixed Price amount of this Contract shall not exceed 25% of the total AB 2766
Subvention Funds applied to the project described in Exhibits "A", "B', and "C" of this
Contract.
F. If, at the completion of the Project described in Exhibit " A', the actual amount of AS 2766
Funds utilized in performance of the project is less than the amount described in Exhibit "B',
the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 25%
of the actual AB 2766 Subvention Fund amount applied to the project.
8. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with
all federal, state, and local laws, ordinances, codes and regulations and orders of public
authorities in the performance of this Contract and to ensure that the provisions of this clause
are included in all subcontracts.
9. EMPLOYEES OF CONTRACTOR
A. CONTRACTOR shall be responsible for the cost of regular pay to his employees, as
well as cost of vacation, vacation replacements, sick leave, severance pay and pay for
legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for his employees and
shall maintain workers' compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense
be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers,
employees, agents, or representatives be entiUed to or eligible to participate in any benefits,
privileges, or plans, given or extended by AQMD to its employees.
D. CONTRACTOR warrants that it has no interest and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this Contract. CONTRACTOR further represents
that in performance of this Contract, no person having any such interest shall be employed
by CONTRACTOR or any subcontractor.
10. OWNERSHIP - Title and full ownership rights to any products purchased or developed
under this Contract shall at all times remain with CONTRACTOR.
11. NON-DISCRIMINA TlON - In the performance of this Contract, CONTRACTOR shall
not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the
basis of race, religious creed, color, national origin, ancestry, sex, age, or physical
handicap and shall comply with the provisions of the Califomia Fair Employment & Housing
Act (Govemment Code Section 12900, iLmll.), the Federal Civil Rights Act of 1964 (P.L.
88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register
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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.
12 ASSIGNMENT. The rights granted hereby may not be assigned, sold, licensed, or
otherwise transferred by either party without the written consent of the other, and any
attempt by either party to do so shall be void upon inception.
13. NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD's failure to insist upon the
performance of any or all of the terms, covenants, or conditions of this Contract, or failure to
exercise any rights or remedies hereunder, shall not be construed as a waiver or
relinquishment of the future performance of any such terms, covenants, or conditions, or of
the future exercise of such rights or remedies, unless otherwise provided for herein.
14. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in
connection with the enforcement or interpretation of this Contract, each party in said action
shall pay its own attomeys' fees and costs.
15. 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, directiy 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.
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16. 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 juris~iction, 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.
17. 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.
18. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy
shall have the force and effect of an original.
19. GOVERNING LAW - This Contract shall be construed and interpreted and the legal
relations created thereby shall be determined in accordance with the taws of the State of
Califomia. Venue for resolution of any dispute shall be Los Angeles County, Califomia.
20. PRE-CONTRACT COSTS - Any costs incurred by Contractor prior to AQMD receipt of
a fully executed Contract shall be incurred solely at the risk of the Contractor. In the event
that a formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for
any amounts expended in anticipation of a formal Contract. If a formal Contract does
result, pre-contract cost expenditures authorized by the Contract will be reimbursed in
accordance with the cost schedule and payment provision of the Contract.
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21. NOTICES _ Any notices from either party to the other shall be given in writing to the
allention 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. A notice shall be
deemed received when delivered or three days after deposit in the U. S. Mail, postage
prepaid, whicheveris earlier.
AQMD:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765
Alln.: Michele Stitzel
CONTRACTOR:
-
-
-
Alln: -
22. 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
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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 AQMD
(Name of City or County)
By:
By:
Nancy S. Covey
Contracts Manager, South Coast AQMD
Date:
(Name)
(Title)
By:
(Name)
(Title)
Date:
APPROVED AS TO FORM:
Peter Greenwald, General Counsel
By:
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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 AQMD
(Name of City or County)
By:
By:
Nancy S. Covey
Contracts Manager, South Coast AQMD
(Name)
(Title)
Date:
By:
(Name)
(Title) .
Date:
APPROVED AS TO FORM:
Peter Greenwald, General Counsel
By:
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Contract No. AB2766/016
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
AB 2766/MSRC LOCAL GOVERNMENT SUBVENTION FUND
MATCH PROGRAM CONTRACT
WHEREAS, the parties to this Contract are the South Coast Air Quality Management
District (hereinafter referred to as "AQMD") whose address is 21865 Copley Drive, Diamond
Bar, Califomia 91765, and City of San Bemardino (hereinafter referred to as
"CONTRACTOR") whose address is 300 N. "0" Street, San Bemardino, CA 92402.
WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary
source air pollution in the South Coast Air Basin in the State of Califomia (State) and AQMD
is authorized under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to
levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and
to implement the Califomia Clean Air Act; and
WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD's Goveming
Board has authorized the imposition of the statutorily set motor vehicle fee and by taking
such action the State's Department of Motor Vehicles (DMV) is required to collect such fee
and remit it periodically to AQMD; and
WHEREAS, State Health and Safety Code Section 44243(c) further mandates that thirty
(30) percent of such vehicle registration fees be placed by AQMD into a separate account
for the sole purpose of implementing and monitoring programs to reduce air pollution from
motor vehicles; and
WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile
Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to
fund projects from the separate account and pursuant to approval of the" work program by
AQMD's Goveming Board, AQMD Board authorized a contract with CONTRACTOR for the
project described in Exhibit "A" (Project Description) incorporated herein and made a part
hereof, and
WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary
Funds as set forth in CONTRACTOR'S AB 2766 Local Govemment Subvention Match
Program Applicatio!1 dated September 8, 1997.
NOW THEREFORE, the Parties agree as follows:
TERMS AND CONDITIONS OF PERFORMANCE
1. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount
of fee to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR
further acknowledges that AQMD's receipts of funds is contingent on the timely remittance
by State's DMV. AQMD assumes no responsibility for the collection and remittance of
motor vehicle registration fees by DMV to AQMD in a timely manner.
2. AUDIT - CONTRACTOR shall, at least once every two years, or within two years of
the termination of the contract if the term is less than two years, be subject to an audit by
AQMD or its authorized representative to determine if the revenues received by
CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to
the Clean Air Act of 1988. AOMD shall coordinate such audit through CONTRACTOR'S
audit staff. If an amount is found to be inappropriately expended, AOMD may withhold
revenue from CONTRACTOR in the amount equal to the amount which was inappropriately
expended. Such withholding shall not be construed as AOMD's sole remedy and shall not
relieve CONTRACTOR of its obligation to perform under the terms of this Contract.
3. TERM - The term of this Contract is from date of contract execution by both parties
through completion of the project or July 31, 1999, whichever occurs first unless terminated
earlier as provided for in Paragraph 4 below entitled Termination. All project deliverables
and requests for reimbursement must be received by July 31, 1999. Failure to meet this
deadline will result in forfeiture of AS 2766 Discretionary Funds. Extensions to this deadline
will not be granted. No work shall commence prior to the Contract start date, except at
CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully
executed.
4. 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 Exhibits "N and "C" , this shall constitute a
material breach of the Contract. The non-breaching party shall have the sole and exclusive
option either to notify the breaching party that it must cure this breach within fifteen (15)
days or provide written notification of its intention to terminate this Contract with thirty (30)
day's written notice. Notification shall be provided in the manner set forth in Paragraph 21
below, entitled - "Notices." Termination shall not be the exclusive remedy of the non-
breaching party. The non-breaching party reserves the right to seek any and all remedies
provided by law. AOMD reserves the right to terminate this Contract for non-breach and will
reimburse CONTRACTOR for actual costs incurred in performance of this Contract through
the effective date of termination for non-breach.
5. INSURANCE - CONTRACTOR is permissibly self-insured and will maintain self-
insurance in accordance with applicable provisions of Califomia law as evidenced by
certificate of self-insurance provided to AOMD. CONTRACTOR shall maintain such
coverage during the term of this Contract and any extensions thereof. If CONTRACTOR
fails to maintain the required insurance coverage, AOMD 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.
6. INDEMNIFICATION. CONTRACTOR agrees to hold harmless, defend, and indemnify
AOMD, its officers, employees, agents, representatives, and successors-in-interest against
any and all loss, damage, cost, or expenses which AOMD, its officers, employees, agents,
representatives, and successors-in-interest may incur or be required to pay by reason of any
injury or property damage caused or incurred by CONTRACTOR, its employees,
subcontractors, or agents in the performance of this Contract.
7. PAYMENT
A. AOMD shall pay CONTRACTOR a Firm Fixed Price of Three Thousand Two Hundred
and Fifty Dollars ($3,250) upon completion of the project on a reimbursement basis. Any
funds not expended upon early contract termination or contract completion shall revert to
the AS 2766 Discretionary Fund. Payment of charges shall be made by AOMD to
CONTRACTOR within thirty (30) days after approval by AOMD of an itemized invoice
prepared and fumished by CONTRACTOR.
S. An invoice submitted to AOMD for payment must be prepared in duplicate, on company
letterhead, and list AOMD'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 AQMD, 21865 East Copley Drive, Diamond Bar,
CA 91765. Alln: Michele Stitzel.
C. No funds shall be paid out to CONTRACTOR pursuant to this contract, unlilthe project
described in Exhibit "A" is completed and proof of completion is provided to AQMD. If the
project described in Exhibit "A" is not completed and satisfactory proof of completion is not
provided to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of
completion shall include a Final Report detailing the project goals and accomplishments,
data collected during project perfonmance, if any, documentation of significant results, and
emissions reduction input data needed for calculation of emissions reductions.
D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost
overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary
Funds.
E. The Finm Fixed Price amount of this Contract shall not exceed 25% of the total AB 2766
Subvention Funds applied to the project described in Exhibits "A", "B", and "C" of this
Contract. .
F. If, at the completion of the Project described in Exhibit "A", the actual amount of AB
2766 Funds utilized in perfonmance of the project is less than the amount described in
Exhibit "B", the Finm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not
exceed 25% of the actual AB 2766 Subvention Fund amount applied to the project.
8. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with
all federal, state, and local laws, ordinances, codes and regulations and orders of public
authorities in the perfonmance of this Contract and to ensure that the provisions of this
clause are included in all subcontracts.
9. EMPLOYEES OF CONTRACTOR
A. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as
well as cost of vacation, vacation replacements, sick leave, severance pay and pay for
legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees
and shall maintain workers' compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense
be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers,
employees, agents, or representatives be entitled to or eligible to participate in any benefits,
privileges, or plans, given or extended by AQMD to its employees.
D. CONTRACTOR warrants that it has no interest and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree with the perfonmance of
services required to be perfonmed under this Contract. CONTRACTOR further represents
that in perfonmance of this Contract, no person having any such interest shall be employed
by CONTRACTOR or any subcontractor.
10. OWNERSHIP - Title and full ownership rights to any products purchased or
developed under this Contract shall at all times remain with CONTRACTOR.
11. NON-DISCRIMINATION - In the perfonmance of this Contract, CONTRACTOR shall
not discriminate in recruiting, hiring, promotion, demotion, or tenmination practices on the
basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap
and shall comply with the provisions of the California Fair Employment & Housing Act
(Government Code Section 12900, et sea.), 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.
12. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or
otherwise transferred by either party wnhout the wrnten consent of the other, and any
attempt by either party to do so shall be void upon inception.
13. NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD's failure to insist upon the
performance of any or all of the terms, covenants, or conditions of this Contract, or failure
to exercise any rights or remedies hereunder, shall not be construed as a waiver or
relinquishment of the future performance of any such terms, covenants, or conditions, or of
the future exercise of such rights or remedies, unless otherwise provided for herein.
14. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in
connection with the enforcement or interpretation of this Contract, each party in said action
shall pay its own attorneys' fees and costs.
15. 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 milnary 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.
16. 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.
17. 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.
18. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed
copy shall have the force and effect of an original.
19. GOVERNING LAW - This Contract shall be construed and interpreted and the legal
relations created thereby shall be determined in accordance wnh the laws of the State of
California. Venue for resolution of any dispute shall be Los Angeles County, California.
20. PRE-CONTRACT COSTS - Any costs incurred by CONTRACTOR prior to AQMD
receipt of a fully executed Contract shall be incurred solely at the risk of the
CONTRACTOR. In the event that a formal Contract is not executed, neither the MSRC nor
the AQMD shall be liable for any amounts expended in anticipation of a formal Contract. If
a formal Contract does result, pre-contract cost expenditures authorized by the Contract will
be reimbursed in accordance with the cost schedule and payment provision of the Contract.
21. 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. A notice shall be
deemed received when delivered or three days after deposit in the U. S. Mail, postage
prepaid, whichever is earlier.
AQMD:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765
Alln: Michele Stitzel
CONTRACTOR:
City of San Bemardino
300 N. "0" Street
San Bemardino, CA 92402
Alln: Rachel Clark
22. 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.
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 AQMD
City of San Bernardino
(Name of City or County)
By: ~~A~
BY:/h,-~/~_
Na~:s~~oV~y ... /
Contracts Manager, South Coast AQMD
Date: II, /.~/ n
(Name)
Tom Minor
(Title)
Mayor
BY:~'~
(Name)
Rachel Clark
(Title)
City Clerk
Date:
q-t]r17
A 'liED AS TO FORM:
Peter G Gen
By:
~
fD
. ~0~g.j).
~W'/.);Y ~1
Y /: ~ G-'ID\?-~
cP~,
C-8
EXHIBIT A: PROJEer DESCRIPTION/STATEMENT OF WORK
PROJECT GOALS AND OBJECTIVES:
The City of San Bernardino is interested.in acquiring an electric vehicle for use as a pool car.
All City departments will have access to the vehicle for various purposes such as, general pick-
ups, inspections, meetings etc.
The vehicle will provide visible evidence of the City's commitment to reduce mobile source
emissions and promote the important concept to the public.
,
EXHIBIT B: PROJECT COST BREAKDOWN
(please return this page as part of your Project Application)
A. Please provide the following information'regarding project funding:
What is your Current Una/located AB 2766 Subvention Fund Balance? $ 31 ?, 000
B. Please provide the following Project Cost by Category Information:
PROJECT COST BY FUNDING CATEGORY
1. AB 2766 SUBVENTION FUNDS (existing unallocated funds)
2. AB 2766 SUBVENTION FUNDS FROM FY 1997-'98 .
3. MSRC DISCRETJONARY FUNDS REQUESTED
4. ADDITIONAL PROJECT CO-FUNDING
5. TOTAL PROJECT COST
AMOUNT
$'-312,91"1"--- \';;\)C\C\ ~
$~..
$ 3250.00
$ 0
$ 16.248.00
YES NO
I .
Is the MSRC match funding request less than or equal to 25% of the
proposed AB 2766 Subvention Fund amount?
Is the MSRC match funding request less than or equal to 20% of the
Total Proposed Project Cost?
Does the applicant have sufficient funds available to cover the total
project cost, considering that MSRC match funds are available on a
reimbursement-basis only?
Does the applicant have sufficient funds available to cover ANY cost
increases. considering that increases in MSRC match funding will not
be available?
~
(]
~
(]
~
(]
13
(]
C. Please list all funding sources other than AB . 2766 Subvention or MSRC
Discretionary Match funds:
NON-AB 2766/MSRC FUNDING SOURCE
AMOUNT
l.
2.
3.
4.
5.
TOTAL OTHER PROJECT CO-FUNDING:
$
$
$
$
$
$
o
D. As applicable, please list all project costs by cost element. Please provide as much
detail as practicable when detailing project costs. For example, please provide labor
categories, hourly rates, number of hours, etc. when defining labor costs;. . Please
return this page as part of your Project Application:
CAPITAL EQUIPMENT COSTS (VEHICLE PURCHASE, ETC.):
1. Electric Vehicle Single Lease Payment
2.
3.
4.
5.
TOTAL CAPITAL ~QUIPMENT COSTS:
DIRECT LASOR COSTS:
1. labor haulS X
2. labor houlS X
3. labor hoUIS X
4. Jabor houlS X
TOTAL DIRECT LASOR COSTS:
$/hour =
. $/hour =
$/hour =
$/hour =
OTHER DIRECT COSTS,INCLUDING SUBCONTRACTORS:
1.
---------.--
2.
-.---- -----
3.
4.
TOTAL OTHER DIRECT COSTS:
ADMINISTRATIVE COSTS:
TOTAL PROJECT COST:
$ 16,248.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 16,248.00
Please note that the Total Project Cost reflected in subsections Band D, above, should
be consistent.
EXHffiIT C: PROJECT MILESTONE SCHEDULE
Milestone
Com letion Date
S tember 1997
December 1997
December 1997
Order vehicle
Take ssession of vehicle
Be . us' vehicle for use as a 01 car