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HomeMy WebLinkAbout55A - RESO - GRANT APP AND AA AWARD FROM AQMD-MSRCREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2012 TITLE: RESOLUTION AUTHORIZING SUBMISSION OF 2012 GRANT APPLICATION TO AND APPROPRIATION ADJUSTMENT ACCEPTING 2011 GRANT AWARD FROM AQMD-MSRC LOCAL GOVERNMENT MATCH PROGRAM FOR ALTERNATIVE ENERGY PROJECTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt resolution authorizing staff to submit 2012 grant application for Air Quality Management District (AQMD) Mobile Source Air Pollution Reduction Review Committee (MSRC) Clean Transportation Local Government Match Program grant funds in the amount of $320,000 for the purchase of nine Medium- and Heavy-Duty Alternative Fuel vehicles and installation of five electric vehicle charging stations on various City-owned properties. 2. Accept 2011 grant award in the amount of $527,500 from AQMD-MSRC Clean Transportation Local Government Match Program comprised of two grant contracts as follow: a. AQMD-MSRC Contract No. ML 11029 Corporate Yard Alternative Energy Fueling Stations (Fixed Stock) in the amount of $262,500 to install a Propane station, upgrade existing Compressed Natural Gas (CNG) stations, and modify the Yard fleet maintenance facility to allow public access to the alternative energy fueling stations as required by the grant. b. AQMD-MSRC Contract No. ML 11041 Alternative Energy Vehicles (Rolling Stock) in the amount of $265,000 to purchase seven Propane-powered heavy-duty trucks and retrofit six Diesel heavy-duty trucks with diesel particulate filters. 3. Authorize staff to execute said grant contracts and approve Appropriation Adjustment recognizing new revenue of $527,500 in Revenue Account 03116002-52040 Air Quality Improvement Fund and appropriating the same in Expenditure Account 03110101 66220 Fleet Services-Air Quality Improvement. 55A-1 AQMD-MSRC Alternative Energy Grants May 21, 2012 Page 2 DISCUSSION In September 2011, the City adopted a 5-Year Alternative Energy Strategic Plan which the Corporate Yard Facilities/Fleet Service Manager presented to the City Council at the meeting of March 19, 2012. The Plan outlines the strategy to move the City's Fleet operations from conventional fuel (diesel and unleaded gasoline) to alternative energy such as Compressed Natural Gas (CNG), electricity, hydrogen, and propane. Currently, only 5% of the City's Fleet is powered by alternative energy. The goal of the Plan is to increase this 5% rate to 75% in five years by gradually retrofitting or replacing fleet equipment. The fueling infrastructure to support this new breed of fleet equipment is also addressed in the Plan which proposes to develop alternative energy fueling stations to be used not only by City fleet operators but also by Santa Ana residents and the community at large. These publicly accessible facilities will be equipped with credit card readers to capture City revenue from the public sale of alternative fuel. Staff requests Council to adopt a resolution (Attachment 1) authorizing the Facilities-Fleet Services-Central Stores Manager to submit the 2012 grant application (Attachment 2) for the AQMD-MSRC Clean Transportation Local Government Match Program in the amount of $320,000 to help fund the FY 2012-2013 Alternative Energy Action Plan. Total cost for 2013 Plan implementation is $775,000. City will initially pay all costs using FY 2012-2013 money in Account Nos. 03110101 Air Quality Improvement-Fleet and 07510101 Equipment Replacement Fund. The 2012 grant award of $320,000 would reimburse Account No. 03110101. Net cost to the City in 2013 would be $455,000. Staff also requests Council to accept the 2011 grant award (Attachment 3) of $527,500 from the AQMD-MSRC Clean Transportation Local Government Match Program to help fund the current year Alternative Energy Action Plan. Total cost for 2012 Plan implementation is $1,055,000. City will initially pay all costs using current year funds in Account Nos. 03110101 Air Quality Improvement-Fleet and 07510101 Equipment Replacement Fund. The 2011 grant award of $527,500 would reimburse Account No. 03110101. Net cost to the City in 2012 would be $527,500. FISCAL IMPACT 1. There is no current year fiscal impact associated with the 2012 grant application. 2. FY 11-12 Alternative Energy Action Plan implementation has a total cost of $1,055,000. The AQMD-MSRC 2011 grant award of $527,500 will be recognized in Revenue Account 03116002-52040 Air Quality Improvement Fund and appropriated in Expenditure Account 03101101-66220 Fleet Services-Air Quality Improvement. City match funds required by the grant are available in Expenditure Account 07510101-66400 Equipment Replacement Fund. 55A-2 AQMD-MSRC Alternative Energy Grants May 21, 2012 Page 3 Francisco Gutierrez Executive Director Finance & Management Services Agency Attachments: 1. Resolution 2. 2012 AQMD-MSRC Grant Application 3. 2011 AQMD-MSRC Grant Award (ML 11029 and ML 11041) 55A-3 55A-4 Attachment 1 Council Resolution No. 2012- 55A-5 Iss05/14/12 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR PROJECT FUNDING UNDER THE MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1990 the State of California enacted AB 2766, authorizing the collection of additional motor vehicle registration fees to implement programs to reduce motor vehicle air pollution; and B. The South Coast Air Quality Management District ("AQMD"), has been authorized to manage the AB 2766 funds for the Southern California area; and C. Thirty percent (30%) of the AB2766 funds is available on a competitive basis through the Mobile Source Air Pollution Reduction Committee ("MSRC"), Clean Transportation Local Government Match Program, to implement and monitor programs to reduce vehicle air pollution; and D. AQMD has issued a call for projects to be funded through MSRC for 1) The purchase of "Near Zero Emission" medium and medium- heavy duty vehicles ; and 2) The development of alternative fuel infrastructure; and E. The City of Santa Ana will utilize the funding to purchase nine medium and heavy duty alternative fuel vehicles and install three Electric Vehicle charging stations which will be accessible to the public; and F. The MSRC program requires that the City provide matching funds necessary for the completion of approved applications. Section 2. The City Council of the City of Santa Ana authorizes the submission of applications for Mobile Source Air Pollution Reduction funding in 55A-6 the amount of $270,000 for purchase of alternative fuel medium and heavy duty vehicles, and in the amount of $50,000 for the installation of alternative fuel infrastructure. Section 3. The City Council appoints the City Manager, or the Executive Director of the Finance and Management Services Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 55A-7 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 55A-8 Attachment 2 2012 AQMD-MSRC Grant Application 55A-9 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS P. David Benavides Carlos Bustamante Michele C. Martinez Vincent F. Sannlento Sal Tlnajero April 5, 2012 CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 Cynthia Ravenstein MSRC Program Administrator Mobile Source Air Pollution Reduction Review Committee 21865 East Copley Drive Diamond Bar, California 91765 Dear Ms. Ravenstein: INTERIM CITY MANAGER Paul Walters INTERIM CITYATTORNEY Joseph Straka CLERK OF THE COUNCIL Maria D. Huizer Please accept the City of Santa Ana's application to the Mobile Source Air Pollution Reduction Review Committee (MRSC) Clean Transportation Funding Local Government Match Program 2012 Edition. Santa Ana is seeking co-funding in the MSRC project categories listed below. 1. Purchase of Heavy-Duty Alternative Fuel Vehicles 2. Installation of Electric Vehicle Charging Stations I will be the contact for technical and contractual matters. My contact information is listed below. Rick Longobart Facilities, Fleet and Central Stores Manager 215 South Center Street Santa Ana, CA 714 926 6332 Telephone 714 647 3599 FAX riongobart@santa-ana.org Please contact me if you needed additional information. I look forward to working with you and your staff on these new projects. ° Sincere ay ? ?4_ Rick Lonq 55A-10 Clean Transportation Funding from the MSRC Mnt)i?n SntuC6 Air Q ?1lulinn Waidtjr.linn M7?,;iew Comrnittpg Local Government Match Program 2012 Edition A Funding Opportunity for Cities & Counties in the South Coast Air Quality Management District PA2012-14 City of Santa Ana April 10, 2012 55A-11 MSRC Clean Transportation FundingTm 2012 Local Government Match Program MEDIUM AND HEAVY-DUTY VEHICLE PURCHASE APPLICATION FORMS PART A - APPLICANT INFORMATION Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles A. Please provide the following applicant information in the space provided. Applicant Name: CITY OF SANTA ANA Address: 215 South Center Street Santa Ana California Contact Person: Rick Longobart Title: Facilities Fleet and Central Stores Manager Telephone Number: 714 926 6332 Fax #: 714 647 3599 E-Mail Address: riongobart0santa-ana org B. Please answer the following questions: YES NO 1. Are you submitting a Joint Application with other Cities/Counties? ? 6 2. If "Yes", are you authorized to act in behalf of all participants? ? ? 3. If "Yes", please provide the names of all other project participants. Please designate if the other participants are public agencies or private entities: PUBLIC PRIVATE a) ? ? b) ? 0 YES NO 4. If you answered "Yes" 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? 55A-12 MSRC Clean Transportation FundingTm 2012 Local Government Match Program PART B - PROJECT DESCRIPTION/STATEMENT OF WORK Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles A. PROJECT DESCRIPTION: Describe the proposed alternative-fuel vehicle purchase(s). For each vehicle to be purchased, please provide the information in the table below, or attach a separate sheet: 1. vehicle make and model; 2. Fuel Type (CNG, LNG, LPG, etc,) ; 3. Engine model, including horsepower; 4. Gross vehicle weight; 5. Estimated vehicle life; 6. Vehicle duty cycle (i.e., trash collection, local delivery, etc.) 7. Annual operation within the geographical jurisdiction of the South Coast Air District (indicate whether mileage or hours) _ Annual Vehicle Make & Engine Model & Gross Vehicle Vehicle Life Vehicle Duty Vehicle Operation Model fuel Type Horsepower Weight (years) Cycle (hours or mileage) Ford E-550 CNG 6.8 Liter 14,500 8 transit 15,000 1 362 HP Ford E-550 CNG 6.8 Liter 14,500 8 transit 15,000 2 362 HP Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000 3 362 HP Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000 4 362 HP Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000 5 362 HP Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000 6 362 HP Ford F-550 Propane TI-Liter 15,000 10 utility 8,000 7 362 HP _ _ Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000 8 362 HP 9 Ford F-550 T Propane 6.8 Liter 15,000 10 utility 8,000 362 HP 10. Total Number of Medium-Duty Alt-Fuel Vehicles (GVWR 8,501-14,000 pounds): 0 Total Number of Heavy-Duty Alt-Fuel Vehicles (GVWR >14,000 pounds): 9 2 55A-13 MSRC Clean Transportation FundingT"' 2012 Local Government Match Program PART C - PROJECT BUDGET Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles A. Please provide your Current Unallocated Subvention Fund Balance: $ 0 (all allocated) B. Please provide the following Alternative Fuel Vehicle Purchase Cost by Category Information: PROJECT COSTS BY FUNDING CATEGORY AMOUNT 1. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE PURCHASES FROM EXISTING UNALLOCATED BALANCE: $ 0 2. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE PURCHASES FROM FUTURE YEAR ALLOCATION (FY 2012/2013): $ 155,000 3. OTHER FUNDS APPLIED TO ALT-FUEL VEHICLE PURCHASES (MOTTO EXCEED $250,000): $ 250.000 4. TOTAL AB 2766 SUBVENTION FUNDS AND OTHER FUNDS APPLIED TO HEAVY-DUTY VEHICLE PURCHASES (SUM OF LINES 1, 2, AND 3): $ 405,000 5. AMOUNT OF MSRC MATCH FUNDING REQUESTED FOR HEAVY DUTY VEHICLE PURCHASE ($1 FOR $1 MATCH UP TO $30,000 PER VEHICLE): $ 270.000 6. ADDITIONAL PROJECT CO-FUNDING FROM OTHER SOURCES: $ 0 7. TOTAL PROJECT COST: $ 675,000 3 55A-14 MSRC Clean Transportation FundingTm 2012 Local Government Match Program PART D - PROJECT IMPLEMENTATION SCHEDULE Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles Please provide, either in the space outlined below or separate attached sheet, a Milestone Schedule for your proposed vehicle purchase project. The schedule should include anticipated start and completion dates for each task, activity, or milestone identified in PART B, "Project Description/Statement of Work". The format requirements for the Project Implementation Schedule are flexible. A template is provided below: Implementation Schedule: Purchase of Nine Alternative-Fuel Vehicles PROJECT MILESTONE START DATE COMPLETION DATE 1. Sign agreement with MSRC and receive authorization to proceed ATP ATP 2. Finalize vehicle options ATP ATP + 1 month 3. Complete bid package and forward to vendors ATP + 1 month ATP + 1 months 4. Receive bids, select vendor and process purchase order ATP + 2 months ATP + 2 months 5. Schedule and conduct staff training ATP + 3 months ATP + 3 months 6. Receive and test vehicles ATP + 3months ATP + 4 months 7. Assign vehicles to service routes ATP + 3 months ATP + 4 months 8. Process all requests for reimbursements ATP + 6 months ATP + 7 months 9. Complete progress report ATP + 6 months ATP + 7 months 10. Complete final report ATP + 8 months ATP + 12 months 55A-15 MSRC Clean Transportation FundingTM 2012 Local Government Match Program ELECTRIC VEHICLE CHARGING INFRASTRUCTURE FORMS PART A - APPLICANT INFORMATION Electric Vehicle Charging Infrastructure A. Please provide the following applicant information in the space provided. Applicant Name: CITY OF SANTA ANA Address: 215 South Center Street Santa Ana California Contact Person: Rick Loneobart Title: Facilities, Fleet and Central Stores Manager Telephone Number: 714 926 6332 Fax #: 714 647 3599 E-Mail Address: riongobart@santa-ana.org B. Please answer the following questions: YES NO 4. Are you submitting a Joint Application with other Cities/Counties? 171 V 5. If "Yes", are you authorized to act in behalf of all participants? ? (73 6. If "Yes", please provide the names of all other project participants. Please designate if the other participants are public agencies or private entities: PUBLIC PRIVATE C) ? ? d) 173 173 YES NO 5. If you answered "Yes" to questions land 2, above, have you attached a letter from each entity designating a lead agency and Q ? authorizing that agency to act on behalf of the other participants? 5 55A-16 MSRC Clean Transportation Funding TM 2012 Local Government Match Program PART B - PROJECT DESCRIPTION/STATEMENT OF WORK Electric Vehicle Charging Infrastructure A. PROJECT DESCRIPTION: Please describe the proposed electric vehicle charging infrastructure project, including: a) technical description of the proposed hardware (i.e., charger types, charger unit model, manufacturer, charging level or rated power; etc.); b) site locations for charging infrastructure installation; and c) level of public accessibility (i.e., available to all users, accessible to city/county fleet vehicles only, etc.). The City of Santa Ana proposes to install five electric vehicle charging stations. The charging stations will be located at the sites listed below. 1. Santa Ana Corporate Yard 2. Santa Ana City Hall 3. Civic Center Complex All sites are City-owned properties. Each location will have charging infrastructure that is publicly accessible to all users on a twenty-four hour basis. initially, there will be no cost for recharging. The Corporate Yard location will additionally have chargers that are available for staff use. The hardware will be manufactured by ClipperCreek, Inc. The charging units will CS-40 Series with Access Control, Online Managed Account and Point of Sale options. Mounting Bases will be Duel Mount Pedestals equipped with two units each. One wall mounted unit for placement in the Corporate Yard shop area will also be purchased. Comparable equipment may be substituted based on bid results and availability. The chargers are Level 2 and UL Listed. B. STATEMENT OF WORK: Please provide a Statement of Work for the proposed electric vehicle charging infrastructure project. Include all Project Tasks as they relate to project design, development, and implementation. Each Task should be described with sufficient detail to adequately convey the work to be performed. The City of Santa Ana will have full responsibility for the development and implementation of the electric vehicle charging infrastructure project. The City will contract for outside services from a qualified firm for preliminary engineering. A formal bid package will be developed and forwarded to three highly qualified providers. The City will review the bid responses and selected the most qualified vendor, taking budget into consideration. The vendor will provide equipment, permitting, installation, technical assistance, service maintenance and start-up training. All aspects of the project will conform to all local planning, building, and fire department regulations including the National Fire Protection Code (NFPA-58 & Title 8). The selected vendor(s) will be licensed California contractors, EVSE providers, and well versed in the planning, construction, and the service maintenance required for implementing and maintaining electric vehicle charging infrastructure. A sequential list of tasks is detailed the Project Implementation Schedule on page 9 of this application. 55A-17 MSRG Clean Transportation FundingTM 2012 Local Government Match Program PART C - PROJECT BUDGET Electric Vehicle Charging Infrastructure A. Please provide your Current Unallocated Subvention Fund Balance: $ 0 fall allocated) B. Please provide the following Electric Vehicle Charging Infrastructure Project Cost by Category Information: PROJECT COSTS BY FUNDING CATEGORY AMOUNT 1. AB 2766 SUBVENTION FUNDS APPLIED TO INFRASTRUCTURE PROJECT FROM EXISTING UNALLOCATED BALANCE: $ 0 2. AB 2766 SUBVENTION FUNDS APPLIED TO EV INFRASTRUCTURE PROJECT FROM NEXT YEAR ALLOCATION (FY 2012/2013): $ 0 3. OTHER FUNDS APPLIED TO EV INFRASTRUCTURE PROJECT (NOT TO EXCEED $250,000): $ 50,000 4. TOTAL AB 2766 SUBVENTION FUNDS AND OTHER FUNDS APPLIED TO EV INFRASTRUCTURE PROJECT (SUM OF LINES 1, 2, and 3): $ 50.000 5. AMOUNT OF MSRC MATCH FUNDING REQUESTED (MAXIMUM AMOUNT IS EQUAL TO LINE 4 (DOLLAR FOR DOLLAR MATCH OF LINE 4 NOTTO EXCEED $500,000): $ 50,000 6. ADDITIONAL PROJECT CO-FUNDING FROM OTHER SOURCES: $ 0 7. TOTAL PROJECT COST: $ 100.000 7 55A-18 MSRC Clean Transportation Funding TM 2012 Local Government Match Program PART C - PROJECT BUDGET CONTINUED Electric Vehicle Charging Infrastructure A. As applicable, please list all EV infrastructure costs by Cost Element. Please provide as much detail as practicable when specifying project costs. For example, please provide labor categories, hourly rates, number of hours, etc. when defining labor costs. CAPITAL EQUIPMENT COSTS (ELECTRIC VEHICLE CHARGR HARDWARE, SITE MODIFICATIONS, ETC.): 1. 4 Duel Mount Pedestals with 2 charging units each 2. 1 Wall Mount with 1 charging unit 3. Site Improvements 4. Signage TOTAL CAPITAL EQUIPMENT COSTS: DIRECT LABOR COSTS: 1. 40 LABOR HOURS x 120 $/HOUR = 2. 20 LABOR HOURS x 60 $/HOUR = 3. LABOR HOURS x $/HOUR = 4. LABOR HOURS x $/HOUR = TOTAL DIRECT LABOR COSTS: OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS: 1. Preliminarv Enaineerina and Proiect Desien 2. Construction Oversight: Site Improvements 3. Installation 4. Fees and Permits _ 5. Construction Equipment Rental 6. Contingency TOTAL OTHER DIRECT COSTS: TOTAL PROJECT COST: x $ 40,000 $ $ 25,000 $ 3,000 $ 76,000 $ 4,800 $ 1,200 $ 6,000 $ 8,000 $ 2,000 $ 6,000 $ 1,000 $ 600 $ 400 $ 18,000 $ 100.000 55A-19 MSRC Clean Transportation Funding" 2012 Local Government Match Program PART D - PROJECT IMPLEMENTATION SCHEDULE Electric Vehicle Charging Infrastructure Please provide, either in the space outlined below or separate attached sheet, a Milestone Schedule for your proposed Match Program project. The schedule should include anticipated start and completion dates for each task, activity, or milestone identified in PART B, "Project Description/Statement of Work". The format requirements for the Project Implementation Schedule are flexible. A template is provided below: Implementation Schedule: Electric Vehicle Charging Infrastructure PROJECT MILESTONE START DATE 1. Receive Executed Contract from AQMD ATP 2. Award Consultant Contract for Preliminary Engineering ATP + 1 and Project Design 3. Complete RFP and Solicit Bids ATP + 3 4. Select Contractor(s) and Award Contract(s) ATP + 6 5. Order Major Long Lead Time Equipment ATP + 9 6. Submit Drawings/Specs for Permits ATP + 9 7. Obtain Permits for Site Improvements ATP + 10 8. Start Construction ATP + 13 9. Complete Installation ATP + 13 10. Conduct Training ATP + 15 11. Implement Media and Community Outreach ATP + 15 12. Complete Reporting ATP + 16 9 COMPLETION DATE ATP ATP+3 ATP + 6 ATP+8 ATP + 10 ATP+10 ATP+12 ATP+14 ATP + 14 ATP + 15 ATP + 16 ATP + 18 55A-20 Attachment 3 2011 AQM D-MSRC Grant Award 1. ML 11029 2. ML 11040 55A-21 Clean Transportation -? Funding from the MSRC Mobile Source Air Pollution Reduction Review CortrNttee Mr. Rick Longobart City of Santa Ana 215 South Center Street Santa Ana, CA 92703 Dear Mr. Longobart: 21865 Copley Drive Diamond Bar CA 91765 909.396.3269 fax 909.396.3682 November 15, 2011 Please find attached two original copies of Contract Number ML11029 for signatures. This contract is to Install LPG and Upgrade CNG Stations. Please return both copies to me at: Rachel Valenzuela South Coast AQMD/MSRC 21865 Copley Drive Diamond Bar, CA 91765 In addition, please provide documentation designating appropriate signatory authority on behalf of the agency, corporation, partnership, LLC, etc., and attest that said signature is empowered to contract on behalf of contractor in both an operational and financial capacity and to legally bind contractor. Please sign the signature page provided in the contract. If your agency's policy compels you to use a separate signature page, make sure to include the MSRC/AQMD contract number on the additional page. Once the contract has been executed, I will return to you a copy for your files. If you have any questions, please don't hesitate to call me at (909) 396-3101. Sincerely, Attachments Rachel B. Valenzuela MSRC Contracts Administration rachelCc#cleantransoortationfunding.org MEMBER ORGANIZATIONS: California Air Resources Board - Los Angeles County Metropolitan Transportation Authority - Orange County Transportation Authority - Riverside County Transportation Commission - San Bernardino Associated Governments - South Coast Air Quality Management District - Southern California Association of Governments - Regional Ridesharing Agency 55A-22 South Coast Ciean Transportation Contract No. ML11029 Air Quality Management District u^,d'a9,from .'ha MSRC LOCAL GOVERNMENT MATCH PROGRAM CONTRACT 1. PARTIES - 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, California 91765-4178, and the City of Santa Ana (hereinafter referred to as "CONTRACTOR") whose address is 20 Civic Center Plaza, Santa Ana, California 92702. 2. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution within the geographical boundaries of the South Coast Air Quality Management District in the State of California (State). 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 California Clean Air Act. B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set motor vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD. C. AB 2766 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. D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by AQMD'S Governing Board, AQMD Board authorized a contract with CONTRACTOR for services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference and made a part hereof of this Contract. E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR's Local Government Match Program Application dated April 1, 2011. 3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD'S receipt 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, 4. AUDIT - Additionally, 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, AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. 55A-23 Contract No. ML11029 5. REPORTING - CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of Work. AQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. TERM - The term of this Contract is Ninety (90) months from the date of execution by both parties, unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of this Contract in writing, or unless all work is completed and a final report is submitted and approved by AQMD prior to the termination date. 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. Upon written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may extend the Contract up to an additional twelve months at no additional cost. Term extensions greater than twelve months must be reviewed and approved by the MSRC. 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 shall constitute a material breach of the Contract. The nonbreaching 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 Clause 15 below, entitled - Notices. Termination shall not be the exclusive remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any and all remedies provided by law. 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. 8. EARLY TERMINATION - This Contract may be terminated early due to any of the following circumstances: A. The vehicles or equipment become inoperable through mechanical failure of components or systems directly related to the alternative fuel technology being utilized and such failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance. INSURANCE - CONTRACTOR represents that it is permissibly self-insured and will maintain such self- insurance in accordance with applicable provisions of California law throughout the term of this Contract. CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any extensions thereof that meet or exceed the minimum requirements set forth by the South Coast AQMD below. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management District, Attn: Risk Management Office. The AQMD Contract Number shall be included 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. Minimum insurance coverages are as follows: A. Worker's compensation insurance in accordance with either California or other state's applicable statutory requirements. 2 55A-24 Contract No. ML11029 B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and $2,000,000 in general aggregate. C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined single limit for bodily injury or property damage. 10. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify, 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 in the performance of this Contract. 11. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Two Hundred Sixty Two Thousand Five Hundred Dollars ($262,500) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and fist 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 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachments 1 and 2 is completed and proof of completion is provided to AQMD. If the project described in Attachments 1 and 2 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. 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 the total AB 2766 Funds applied to the project described in Attachments 1, 2, and 3 of this Contract. F. If, at the completion of the Project described in Attachment 1, the vehicle expenditures and/or infrastructure expenditures are less than the Total Cost amount(s) contained in Attachment 2, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis as described in Attachment 2. G. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this Contract or invoice may not be paid. 12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be generated and/or sold. 55A-25 Contract No. ML11029 B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766-MSERCs." C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC application is submitted. AQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the MSERCs not associated with AB 2766 funding. 13. DISPLAY OF MSRC LOGO - CONTRACTOR agrees to permanently display one MSRC decal in a prominent location on each vehicle purchased pursuant to this Contract. CONTRACTOR also agrees to permanently display one MSRC decal in a prominent location on each fueling or charging station constructed or upgraded pursuant to this Contract. Decals will be provided by MSRC upon notification that subject fueling station equipment and/or vehicles are placed into service. Decals are approximately twelve (12) inches in height and eighteen (18) inches in width (Note: a smaller decal may be provided if CONTRACTOR demonstrates that application of the standard decal is not feasible). CONTRACTOR shall maintain decal for life of vehicle or equipment subject to this Contract. Should any decal become damaged, faded, or otherwise unreadable, CONTRACTOR shall request replacement decal from MSRC and apply new decal in the same or other prominent location. MSRC shall not be responsible for damage to paint or other vehicle surfaces arising from application or removal of decals. In addition, all promotional materials related to the project, including, but not limited to, press kits, brochures and signs shall include the MSRC logo. Press releases shall acknowledge MSRC financial support for the project. 14. REFUELING STATION OPERATIONAL AVAILABILITY - CONTRACTOR is obligated to comply with the alternative-fuel refueling infrastructure Operational Availability requirements set forth as follows: A. CONTRACTOR commits to ensuring fast-fill refueling stations 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 either its initial or expanded capacity. Should CONTRACTOR desire to deviate from this obligation, for reasons other than those stated in Clause 8.B, above, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided for fueling facilities as indicated in the table below: 5 year Operational Availability Obligation Termination Occurs Percentage of MSRC Funds to be 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% 55A-26 Contract No. ML11029 15. 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 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator CONTRACTOR: City of Santa Ana 215 South Center Street Santa Ana, CA 92703 Attn: Rick Longobart 16. EMPLOYEES OF CONTRACTOR A. 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 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 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. 17. 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 handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, of se q.), 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 clause and shall include in each such subcontract language similar to this clause. 18. AQMD LIEN RIGHTS - CONTRACTOR hereby grants AQMD a security interest in any and all equipment or vehicles purchased in whole or in part by funding provided by AQMD pursuant to this Contract. CONTRACTOR acknowledges and agrees that AQMD shall have all lien rights as a secured creditor on any and all equipment and/or vehicles purchased in whole or in part by the CONTRACTOR, under this Contract or any amendments thereto. The AQMD shall have lien rights in effect until the CONTRACTOR satisfies all 55A-27 Contract No. ML11029 terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly, CONTRACTOR further agrees that AQMD is authorized to file a UCC filing statement or similar security instrument to secure its interests in the equipment and/or vehicles that are the subject of the Contract. In the event CONTRACTOR files for bankruptcy protection, CONTRACTOR shall notify AQMD within 10 business days of such filing. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. SEVERABILITY - In the event that any one 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. 25. HEADINGS - Headings on the clauses 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. 26. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 27. 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 dispute shall be Los Angeles County, California. 55A-28 Contract No, ML11029 28. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR 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, precontract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 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 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. 30. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR, submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures. CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by both parties. 31. 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 Statement of Work - Attachment 1, The Payment Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by reference herein and made a part hereof. 32. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational and financial capacity and that the requirements and obligations under this Contract are legally enforceable and binding on CONTRACTOR. [The Remainder of this Page is Intentionally Left Blank] 55A-29 Contract No. ML11029 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 SANTA ANA By: By:_ Dr. William A. Burke, Chairman, Governing Board Name: Title: Date: Date: ATTEST: Saundra McDaniel, Clerk of the Board By: APPROVED AS TO FORM: Kurt R. Wiese, General Counsel By: 11MSRC06Loca1GovtMatch Updated 22 October 2008 55A-30 Attachment 1 Statement of Work City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11029 Project Description At their corporate yard located at 215 South Center Street, Santa Ana, California, 92703, CONTRACTOR shall install a new liquefied petroleum gas (LPG) station, expand their existing compressed natural gas (CNG) station, and modify their vehicle maintenance facility to accommodate gaseous-fueled vehicles, as specified in Attachment 3, Supporting Documents, Alternative Fuel Infrastructure Specifications. Statement of Work LPG Fuelinq Station CONTRACTOR shall install an LPG fueling station as specified in Attachment 3.1.A., Alternative Fuel Infrastructure Specifications - LPG Station. CONTRACTOR shall be reimbursed according to Attachment 2 - Payment Schedule. CNG Fueling Station CONTRACTOR shall modify their existing CNG fueling station as specified in Attachment 3.1.B., Alternative Fuel Infrastructure Specifications - CNG Station. CONTRACTOR shall be reimbursed according to Attachment 2 - Payment Schedule. Maintenance Facility Modifications CONTRACTOR shall- improve their vehicle maintenance facility as specified in Attachment 3.1.C., Alternative Fuel Infrastructure Specifications - Maintenance Facility Modifications. CONTRACTOR shall be reimbursed according to Attachment 2 - Payment Schedule. Promotion CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the MSRC's co-funding of the infrastructure improvements. Acceptable outreach may include, but is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices, flyers, and information items at CONTRACTOR Board meetings and community events. The Public Outreach Plan shall automatically be deemed approved 30 days following receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall implement the approved Public Outreach Plan in accordance with the Project Schedule below. 9 55A-31 Attachment 1 Statement of Work - continued City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11029 Project Schedule (based on date of Contract execution) Task Completion Submit Public Outreach Plan Month 7 Enter contract(s) for LPG station installation, CNG station upgrade, and facility modifications Month 12 Complete installations and enter/return to service Month 26 Implement Public Outreach Plan Month 28 Quarterly reports Months 4, 7, 10, 13, 16, 19, 21 and 24 Final Report Month 30 Hardware: Fueling station equipment; ventilation system upgrades, gas detection and alarm system, electric heaters, explosion-proof lighting, and fire-rated doors. Reports Quarterly Reports: Until all subject facilities enter/return to service, CONTRACTOR shall provide quarterly progress reports that summarize the project results to date including, but not limited to: tasks completed, issues or problems encountered, resolutions implemented, and progress to date. Progress reports that do not comply will be returned to the CONTRACTOR as inadequate. Final Report: A Final Report shall be submitted by the CONTRACTOR in the format provided by AQMD staff. Report shall include, at a minimum: a) an executive summary; and b) a detailed discussion of the results and conclusions at this project. CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers, and impact of project on future alternative fuel projects. 10 55A-32 Attachment 2 Payment Schedule City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11029 Cost Breakdown Maximum AB2766 Purchase Discretionary Other Funds Total Cost Category Funds payable Applied under this Contract Install LPG station $75,000 $75,000 $150,000 Expand CNG $120,000 $120,000 $240,000 station Modify maintenance $67,500 $67,500 $135,000 facility Totals $262,500 $262,500 $525,000 Reimbursement will be made: • only after verification of new station, station upgrade, or facility upgrade completion. At a minimum, acceptable verification shall consist of: o Representative photos of completed work; o a report signed by a responsible official certifying that the work has been completed as described in Attachments 1 and 3; and o invoice(s) from subcontractor(s) performing the installations, if any. If, at the completion of the Project, the expenditures are less than the Total Cost amount above, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis, so that the amount reimbursed to CONTRACTOR shall not exceed the actual amount of other funds applied. 11 55A-33 Attachment 3 Supporting Documentation City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11029 The supporting documents attached hereto as Attachment 3, represent obligations of the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or obligations by the AQMD or granting any rights to third parties against the AQMD. 1. Alternative Fuel Infrastructure Specifications 2. Proof of Self-Insurance 12 55A-34 Attachment 3 Supporting Documentation City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11029 Alternative Fuel Infrastructure Specifications All installations and upgrades shall be made at CONTRACTOR's corporate yard located at 215 South Center Street, Santa Ana, California, 92703. A. LPG Fueling Station The new LPG fueling station to be installed pursuant to this contract is described as follows: i. At least one dispenser with two (2) hoses ii. Storage capacity of at least 2,000 gallons iii. Card reader accepting major credit cards for payment iv. Station shall be publicly accessible 24 hours per day B. CNG Fueling Station The expanded CNG fueling station to be installed pursuant to this contract is described as follows: i. Modify existing fast-fill fueling island access to make publicly accessible ii. Add card reader accepting major credit cards for payment iii. Move existing seven time-fill posts, and add three more time-fill posts for a total of ten C. Maintenance Facility Modifications At a minimum, the following modifications shall be made at the existing vehicle maintenance facility: i. Install upgraded ventilation system; ii. Install gas detection and alarm system; iii. Install electric heating; iv. Install electrical control panel which can shut off power to natural gas vehicle repair area; and v. Replace existing lighting with explosion proof lighting; vi. Install fire-rated, self-closing doors; and vii. Upgrade ceiling wiring and fittings. 13 55A-35 MAYOR Miguel A. I'ulido MAYOR PRO TEM Claudia C. Alvarez C04JNCIL Mi:MBERS P. David Benavides Carlos Dustamante Michele Martinez Vincent F. Slrmiento sal Tinaiero October 26, 2011 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA • P,O. BOX 1988 SANTA ANA, CALIFORNIA 92702 South Coast Air Quality Management District Mobile Source Air Pollution Reduction Review Committee (MSRC) 21865 Copley Drive Diamond Bar, CA 91765 To whom it may concern: CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Huizar The City of Santa Ana is a member of Big Independent Cities Excess Pool (BICEP). Current reinsurance and excess municipal liability is insured from $2M to $52M and includes auto liability coverage. The City self insures and funds the first $1M of claim payments. BICEP covers the layer from $1M to $2M. The City is permissively self-insured for workers' compensation and self-administers this program as well. The City, through BICEP, purchases excess statutory coverage through the California State Association of Counties - Excess Insurance Authority (CSAC-EIA) above $750K. The City funds claim payments under $750K. The City is also a member of the Public Entity Property Insurance Program (PEPIP). At present, membership is over 6,400 entities, Current property insurance is $113 per occurrence for "All Risk" coverage and flood coverage is $82.5M or $50M based on the flood zone where our insured property is located. If you need further information please contact me at (714) 647-5470. Sincerely, Edward S. Raya Assistant Personnel Director cc: William Navaja 14 55A-36 City of Santa Ana Certificate of Self-Insurance City of Santa Ana, Risk Management, M-28, 20 Civic Center Plaza, Santa Ana, CA 92701 This is to certify that the City of Santa Ana is self-insured for the following coverage: Type of Coverage Self-Insurance Limit General Liability: Bodily Injury and Property Damage $1,000,000 Terms, Conditions and Special Items: The provisions under General Liability, above, shall apply only with respect to claims arising out of the negligent acts or omissions of the City of Santa Ana, its officers, agents and employees or any other person under its direction and control. Cancellation: Should any of the above described self-insured coverages be modified or cancelled before the expiration date shown below, the City of Santa Ana will provide 30 days written notice to the named certificate holder. Certificate Holder South Coast Air Quality Management District Mobile Source Air Pollution Reduction Review Committee (MSRC) 21865 Copley Drive Diamond Bar, CA 91765 Certificate Effective Date: 07/01/2011 Certificate Expiration Date: 07/01/2012 istant Personne irector (714) 647-5470 Date Certificate Issued: 10/26/2011 15 55A-37 } 2106, Copley Drive Diamond Bar CA 91765 Clean Transportation ? 909.396.3269 Funding from the MSRC fax 909.396.3682 Mobile Source Air Pollution Reduction Review Committee January 12, 2012 Mr. Rick Longobart City of Santa Ana 215 South Center Street Santa Ana, CA 92703 Dear Mr. Longobart: Please find attached two original copies of Contract Number ML11041 for signatures. This contract is for the Purchase of 7 LPG Heavy-Duty Vehicles and Retrofit 6 Heavy-Duty Diesel Vehicles. Please return boo copies to me at: Rachel Valenzuela South Coast AQMD/MSRC 21865 Copley Drive Diamond Bar, CA 91765 In addition, please provide documentation designating appropriate signatory authority on behalf of the agency, corporation, partnership, LLC, etc., and attest that said signature is empowered to contract on behalf of contractor in both an operational and financial capacity and to legally bind contractor. Please sign the signature page provided in the contract. If your agency's policy compels you to use a separate signature page, make sure to include the MSRC/AQMD contract number on the additional page. Once the contract has been executed, I will return to you a copy for your files. If you have any questions, please don't hesitate to call me at (909) 396-3101. Sincerely, Rachel B. Valenzuela MSRC Contracts Administration rachel(ftleantransportationfunding.org Attachments MEMBER ORGANIZATIONS: California Air Resources Board - Los Angeles County Metropolitan Transportation Authority - Orange County Transportation Authority - Riverside County Transportation Commission - San Bernardino Associated Governments - South Coast Air Quality Management District - Southern California Association of Governments - Regional Ridesharing Agency 55A-38 South Coast Contract No. ML11041 Clean Transportation Air Quality Management District Funding from 1he MSRC LOCAL GOVERNMENT MATCH PROGRAM CONTRACT PARTIES - 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, California 91765-4178, and the City of Santa Ana (hereinafter referred to as "CONTRACTOR") whose address is 20 Civic Center Plaza, Santa Ana, California 92702. 2. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution within the geographical boundaries of the South Coast Air Quality Management District in the State of California (State). 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 California Clean Air Act. B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set motor vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD, C. AB 2766 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. D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by AQMD'S Governing Board, AQMD Board authorized a contract with CONTRACTOR for services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference and made a part hereof of this Contract. E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR's Local Government Match Program Application dated May 25, 2011. 3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD'S receipt 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. AUDIT - Additionally, 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. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. 55A-39 Contract No. ML11041 REPORTING - CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of Work. AQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. TERM - The term of this Contract is for seventy four (74) months from the date of execution by both parties, unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of this Contract in writing, or unless all work is completed and a final report is submitted and approved by AQMD prior to the termination date. 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, Upon written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may extend the Contract up to an additional twelve months at no additional cost, Term extensions greater than twelve months must be reviewed and approved by the MSRC. 7. TERMINATION A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide 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 this Contract. The non- breaching party shall 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 Clause 15. The non-breaching party reserves all rights under law and equity to enforce this contract and recover damages. B. AQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30) days' written notice. Once such notice has been given, CONTRACTOR shall, except as and to the extent or directed otherwise by AQMD, discontinue any Work being performed under this Contract and cancel any of CONTRACTOR's orders for materials, facilities, and supplies in connection with such Work, and shall use its best efforts to procure termination of existing subcontracts upon terms satisfactory to AQMD. Thereafter, CONTRACTOR shall perform only such services as may be necessary to preserve and protect any Work already in progress and to dispose of any property as requested by AQMD, C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the effective date of termination under Clause 7.13. Before expiration of the thirty (30) days' written notice, CONTRACTOR shall promptly deliver to AQMD all copies of documents and other information and data prepared or developed by CONTRACTOR under this Contract with the exception of a record copy of such materials, which may be retained by CONTRACTOR. EARLY TERMINATION - This Contract may be terminated early due to any of the following circumstances: A. The vehicles or equipment become inoperable through mechanical failure of components or systems directly related to the alternative fuel technology being utilized and such failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance. 9. INSURANCE - CONTRACTOR represents that it is permissibly self-insured and will maintain such self- insurance in accordance with applicable provisions of California law throughout the term of this Contract. CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any 55A-40 Contract No, ML11041 extensions thereof that meet or exceed the minimum requirements set forth by the South Coast AQMD below. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management District, Attn: Risk Management Office. The AQMD Contract Number shall be included 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. Minimum insurance coverages are as follows: A. Worker's compensation insurance in accordance with either California or other state's applicable statutory requirements. B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and $2,000,000 in general aggregate. C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined single limit for bodily injury or property damage. 10. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify, 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 in the performance of this Contract. 11. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Two Hundred Sixty Five Thousand Dollars ($265,000) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished 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 District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachments 1 and 2 is completed and proof of completion is provided to AQMD. If the project described in Attachments 1 and 2 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, 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 the total AB 2766 Funds applied to the project described in Attachments 1, 2, and 3 of this Contract. 55A-41 Contract No. ML11041 F. If, at the completion of the Project described in Attachment 1, the vehicle expenditures and/or infrastructure expenditures are less than the Total Cost amount(s) contained in Attachment 2, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis as described in Attachment 2. G. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this Contract or invoice may not be paid. 12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be generated and/or sold. B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AB 2766 Funds, must be retired, The portion of prospective credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766-MSERCs." C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC application is submitted, AQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the MSERCs not associated with AB 2766 funding. 13. DISPLAY OF MSRC LOGO - CONTRACTOR agrees to permanently display one MSRC decal in a prominent location on each vehicle purchased pursuant to this Contract. CONTRACTOR also agrees to permanently display one MSRC decal in a prominent location on each fueling or charging station constructed or upgraded pursuant to this Contract. Decals will be provided by MSRC upon notification that subject fueling station equipment and/or vehicles are placed into service, Decals are approximately twelve (12) inches in height and eighteen (18) inches in width (Note: a smaller decal may be provided if CONTRACTOR demonstrates that application of the standard decal is not feasible). CONTRACTOR shall maintain decal for life of vehicle or equipment subject to this Contract. Should any decal become damaged, faded, or otherwise unreadable, CONTRACTOR shall request replacement decal from MSRC and apply new decal in the same or other prominent location. MSRC shall not be responsible for damage to paint or other vehicle surfaces arising from application or removal of decals. In addition, all promotional materials related to the project, including, but not limited to, press kits, brochures and signs shall include the MSRC logo. Press releases shall acknowledge MSRC financial support for the project. 14. ACCRUAL OF MILEAGE WITHIN SOUTH COAST AIR QUALITY DISTRICT - CONTRACTOR is obligated to comply with the geographical restriction requirements as follows: A. Each of the vehicles funded under this Contract must accrue at least 85% of its annual mileage or engine hours of operation within the geographical boundaries of the South Coast Air Quality Management 55A-42 Contract No. ML11041 District for a period of no less than five (5) years from the date the vehicle enters service (new vehicles) or returns to service (repowered vehicles). Should CONTRACTOR deviate from or fail to comply with this obligation, for reasons other than those stated in Clause 8.A., CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided for the vehicle as indicated in the table below: 5 year Operations Obligation Termination Occurs Percentage of MSRC Funds to be 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 C. The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date the vehicle ceases to operate in accordance with the geographical restriction. CONTRACTOR shall not be responsible for any reimbursement to AQMD if the obligation is terminated as a result from one or more reasons set forth in Clause 8.A. Should CONTRACTOR sell, lease, transfer, assign or otherwise divest itself of the vehicles during the five year period referred to in clause 14.A, notice shall be provided to AQMD no less than 30 days preceding the sale, lease, transfer, or assignment is effectuated. The agreement effectuating the sale, lease, transfer or assignment shall state that the AQMD is an intended third-party beneficiary of the agreement and shall include the following requirement: the obligation to accrue mileage within the South Coast Air Quality Management District shall be a continuing obligation of the subsequent purchaser, lessee, transferee, successor in interest, heir or assign and shall remain in full force and effect until the expiration of the five year operation period. This obligation shall be passed down to any subsequent purchaser, lessee or transferee during this five year term and AQMD shall be an intended third-party beneficiary of any subsequent agreement. Upon receiving notice of any subsequent sale, lease, transfer, assignment or other divestiture, AQMD may elect to either require the reimbursement specified in Clause 14.A and 14.6, or require the subsequent purchaser, lessee, transferee or assignee to comply with the continuing obligation to operate the vehicle for a period of no less than five (5) years from the date the vehicle entered service (new vehicles) or re-service (re-powered vehicles). Notice of AQMD's election of remedies shall be provided to CONTRACTOR and any subsequent purchaser, lessee, transferee or assignee in a timely fashion. 15. 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 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator 55A-43 Contract No. ML11041 CONTRACTOR: City of Santa Ana 215 South Center St. Santa Ana, CA 92703 Attn: Rick Longobart 16. EMPLOYEES OF CONTRACTOR A. 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 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 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. 17. 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 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 clause and shall include in each such subcontract language similar to this clause. 18. AQMD LIEN RIGHTS - CONTRACTOR hereby grants AQMD a security interest in any and all equipment or vehicles purchased in whole or in part by funding provided by AQMD pursuant to this Contract. CONTRACTOR acknowledges and agrees that AQMD shall have all lien rights as a secured creditor on any and all equipment and/or vehicles purchased in whole or in part by the CONTRACTOR, under this Contract or any amendments thereto. The AQMD shall have lien rights in effect until the CONTRACTOR satisfies all terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly, CONTRACTOR further agrees that AQMD is authorized to file a UCC filing statement or similar security instrument to secure its interests in the equipment and/or vehicles that are the subject of the Contract. In the event CONTRACTOR files for bankruptcy protection, CONTRACTOR shall notify AQMD within 10 business days of such filing. 19. 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. 55A-44 Contract No. ML11041 20. 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. 21. 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. 22. 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. 23. 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. 24. SEVERABILITY - In the event that any one 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. 25. HEADINGS - Headings on the clauses 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. 26. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 27, 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 dispute shall be Los Angeles County, California. 28. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR 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, precontract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 29. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR, submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures. 55A-45 Contract No. ML11041 CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by both parties. 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 Statement of Work - Attachment 1, The Payment Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by reference herein and made a part hereof. 31, AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational and financial capacity and that the requirements and obligations under this Contract are legally enforceable and binding on CONTRACTOR. [The Remainder of this Page is Intentionally Left Blank] 55A-46 Coribi d No. ML11041 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 SANTA ANA By: _ By:_ Or. William A. Burke, Chairman, Governing Board Name: Title: Date: Date: ATTEST: Saundra McDaniel, Clerk of the Board By: APPROVED AS TO FORM: Kurt R. Wiese, General Counsel A By: IrJ 11MSRC06Loca1GovlMetch Updated 22 October 2008 55A-47 Attachment 1 Statement of Work City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11041 Project Description CONTRACTOR will purchase seven (7) liquefied petroleum gas (LPG) heavy-duty, vehicles as specified below. CONTRACTOR will also purchase and install verified after- treatment devices on six of CONTRACTOR's heavy-duty diesel vehicles as specified below. Statement of Work Vehicles CONTRACTOR shall purchase seven (7) LPG heavy-duty vehicles, each with gross vehicle weight rating greater than 14,000 pounds and equipped with a dedicated LPG engine. Vehicles are required to operate for a minimum of five years, but it is expected that the vehicles will continue to operate for their entire life expectancy. Vehicles Life Expectancy 7 LPG Ford F-550 Trucks 10 ears each Each engine must be certified by the California Air Resources Board (CARB) at, or cleaner than, the 2010 heavy-duty engine emission standards of 0.2 g/bhp-hr for oxides of nitrogen (NOx) and 0.01 g/bhp-hr for particulate matter (PM). CONTRACTOR shall be reimbursed for vehicles according to the costs stated in Attachment 2 - Payment Schedule. Retrofits CONTRACTOR shall purchase, install and operate after-treatment devices on six (6) of CONTRACTOR's heavy-duty diesel vehicles, each with gross vehicle weight rating greater than 14,000 pounds. The specific vehicles to be retrofitted are as follows: Vehicle Description Expected Life After Retrofit 1998 Ford F-450 Boom Truck 5 ears 2000 GMC C71-1042 Dump Truck 5 ears 1995 Ford CF7000 Water Truck 5 ears 1992 Ford CF7000 Water Truck 5 ears 1993 International 460OLP Cement Truck 5 ears 1992 GMC TC7H042 Clam Truck 5 ears Each after-treatment device must be verified by the California Air Resources Board (GARB) to CARB's Level 3 standard. Level 3 verification is for those technologies achieving at least an 85% or greater reduction in particulate matter. Additionally, CARB's verification is often limited to specific engine families and/or may include other conditions. Each retrofitted vehicle must satisfy any and all conditions associated with the specific after-treatment device's verification. 10 55A-48 Attachment 1 Statement of Work - continued - City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11041 CONTRACTOR shall be reimbursed for after-treatment devices according to the costs stated in Attachment 2 - Payment Schedule. Promotion CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the acquisition of the MSRC co-funded vehicles and after-treatment devices. Acceptable outreach may include, but is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices, flyers, and information items at CONTRACTOR Board meetings and community events. The Public Outreach Plan shall automatically be deemed approved 30 days following receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall implement the approved Public Outreach Plan in accordance with the Project Schedule below. Project Schedule (based on date of Contract execution) Task Completion Submit Public Outreach Plan Month 4 Order new vehicles Month 4 Order after-treatment devices Month 6 Installation of after-treatment devices Month 12 Place new vehicles into service Month 10 -Implement Public Outreach Plan Month 12 Quarter) reports Months 4 and 7 Final Report Month 14 Hardware: LPG heavy-duty vehicles and CARB-verified after-treatment devices as listed above. Reports Quarterly Reports: Until new vehicles are entered into service and subject engines are retrofitted, CONTRACTOR shall provide quarterly progress reports that summarize the project results to date including, but not limited to: tasks completed, issues or problems encountered, resolutions implemented, and progress to date. Progress reports that do not comply will be returned to the CONTRACTOR as inadequate. 11 55A-49 Attachment 1 Statement of Work - continued City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11041 Final Report: A Final Report shall be submitted by the CONTRACTOR in the format provided by AQMD staff. Report shall include, at a minimum: a) an executive summary; and b) a detailed discussion of the results and conclusions at this project. CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers. 12 55A-50 Attachment 2 Payment Schedule City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11041 Cost Breakdown Maximum AB2766 Purchase Discretionary Funds payable Other Funds Total Cost Category under this Applied Contract Heavy Duty LPG $210,000 (not to Vehicles exceed $30,000 per $210,000 $420,000 vehicle Level 3 verified after-treatment $55 000 (not to devices (including tax, , exceed $10,750 per $55,000 $110,000 delivery and device) installation Totals $265,000 $265,000 $530,000 CONTRACTOR shall be reimbursed according to the amounts stated above per vehicle upon proof of vehicle delivery, vehicle acceptance, and placement of vehicle into service. Documentation of the specific engine installed in the vehicle, including the year, manufacturer, and model, must accompany each request for reimbursement. CONTRACTOR shall be reimbursed up to the amounts stated above per after-treatment device upon proof of installation, proof of device's Level 3 verification, and return of vehicle to service. If, at the completion of the project, CONTRACTOR's expenditures are less than the Total Cost amount above, the amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis, as follows: • For vehicles, the amount reimbursed to CONTRACTOR shall not exceed the actual amount of Other Funds Applied; and • For retrofits, the amount reimbursed to CONTRACTOR shall not exceed the actual amount of Other Funds Applied. 13 55A-51 Attachment 3 Supporting Documentation City of Santa Ana Hereinafter Referred to as CONTRACTOR Contract Number ML11041 The supporting documents attached hereto as Attachment 3, represent obligations of the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or ,.,obligations by the AQMD or granting any rights to third parties against the AQMD. 1. Proof of Insurance. 14 55A-52 MAYOR Miguel A. PHlido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero October 26, 2011 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA • P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 South Coast Air Quality Management District Mobile Source Air Pollution Reduction Review Committee (MSRC) 21865 Copley Drive Diamond Bar, CA 91765 To whom it may concern: CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria 0. Huizar The City of Santa Ana is a member of Big Independent Cities Excess Pool (BICEP). Current reinsurance and excess municipal liability is insured from $2M to $52M and includes auto liability coverage. The City self insures and funds the first $1M of claim payments. BICEP covers the layer from $1M to $2M. The City is permissively self-insured for workers' compensation and self-administers this program as well. The City, through BICEP, purchases excess statutory coverage through the California State Association of Counties - Excess Insurance Authority (CSAC-EIA) above $750K. The City funds claim payments under $750K. The City is also a member of the Public Entity Property Insurance Program (PEPIP). At present, membership is over 6,400 entities. Current property insurance is $113 per occurrence for "All Risk" coverage and flood coverage is $82.5M or $50M based on the flood zone where our insured property is located. If you need further information please contact me at,(714) 647-5470, Sincerely, (( l ward S. Raya Assistant Personnel Director cc: William Navaja 15 r5 55A-53 'y4 ] City of Santa Ana Certificate of Self-insurance City of Santa Ana, Risk Management, M-28, 20 Civic Center Plaza, Santa Ana, CA 92701 This is to certify that the City of Santa Ana is self-insured for the following coverage: ` e of C ove 7 rage i elf-Inslirancellrnit . ; General Liability: Bodily Injury and Property Damage $1,000,000 Terms, Conditions and Special Items: The provisions under General Liability, above, shall apply only with respect to claims arising out of the negligent acts or omissions of the City of Santa Ana, its officers, agents and employees or any other person under its direction and control. Cancellation: Should any of the above described self-insured coverages be modified or cancelled before the expiration date shown below, the City of Santa Ana will provide 30 days written notice to the named certificate holder. Certificate Holder South Coast Air Quality Management District Mobile Source Air Pollution Reduction Review Committee (MSRC) 21865 Copley Drive Diamond Bar, CA 91765 Certificate Effective Date: 07/01/2011 Certlficate Expiration Date: 07/01/2012 - "? 'i? Or?? istant Personn or (714) 647-5470 Date Certificate Issued: 10/26/2011 16 55A-54