HomeMy WebLinkAbout55B - RESO - GRANT ALT ENERGY PROJECTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 16, 2013
TITLE:
RESOLUTION APPROVING GRANT
AWARD CONTRACT FROM MSRC FOR
LOCAL GOVERNMENT MATCH PROGRAM
FOR ALTERNATIVE.ENERGY PROJECTS
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2n° Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY M AGER
RECOMMENDED ACTION
1. Adopt Resolution approving Mobile Source Air Pollution Review Committee Clean Air
Transportation Local Government Match Program Grant Award Contract Number ML
12014.
2. Authorize City Manager and Clerk of the Council to execute an agreement with MSRC for
the implementation of Clean Air Transportation Local Government Match Program Grant
Award Contract Number ML 12014 which will reimburse City an amount not to exceed
$384,000, subject to non-substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
The City's Finance and Management Services Agency Fleet Division has adopted a Five-Year
Alternative Energy Strategic Plan. The objective of the plan is to incorporate alternative sources
of energy for its fleet such as electricity and natural gas. The goal of the Strategic Plan is to
increase the proportion of alternative fuel vehicles (AFVs) in the City Fleet from 5% in 2011 to
85% in 2016 by gradually retrofitting or replacing fleet equipment. Further, the Strategic Plan
proposes to develop alternative energy fueling facilities to support AFVs. The Fleet Division
presently operates Compressed Natural Gas (CNG) and hydrogen fueling stations in addition to
gasoline and diesel pumps.
Mobile Source Air Pollution Review Committee (MSRC) has approved the City's application for
Clean Air Transportation Local Government Match Program grant funds to implement three
alternative energy initiatives which include the purchase of nine AFVs, expansion of the
Corporate Yard CNG fueling facility, and installation of seven electric vehicle (EV) charging
stations.
The AFV total cost of $675,000 would be paid for by $270,000 from MSRC grant
reimbursements, $250,000 from a separate Caltrans grant reimbursement, and $155,000 from
55B-1
Agreement with MSRC for Grant Award Contract
September 16, 2013
Page 2 of 2
the City's AB 2766 Subvention Funds. The total cost of the CNG station expansion and the
installation of EV charging stations are $92,000 and $136,000 respectively. Total costs will be
paid for by MSRC grant reimbursements and City match dollars on a 50:50 basis. Since the City
will be utilizing AB 2766 Subvention Funds to meet all match dollar requirements, the three
alternative energy initiatives could potentially be implemented at no cost to the City. Staff
recommends approval of subject MSRC Grant Award Contract.
FISCAL IMPACT
Funds are available in AQMD Air Quality Program Acct. No. 03110101-66400 and Equipment
Replacement Fund Acct. No. 07510101-66400.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez r
Executive Director
Finance & Management Services Agency
wn
Attachments: 1. Resolution 2013-XXX
2. MSRC Grant Award Contract Number ML 12014
55B-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING GRANT AWARD CONTRACT
NUMBER ML 12014 FROM MOBILE SOURCE AIR
POLLUTION REVIEW COMMITTEE (MSRC) FOR
ALTERNATIVE ENERGY PROJECTS
jxs09/09/13
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. The South Coast Air Quality Management District (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.
B. The AQMD is authorized under State Health and Safety Code section
44225 (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.
C. The AQMD has exercised its powers to levy such fees. As a result, the
Department of Motor Vehicles is required to collect the fees and remit
these fees periodically to the AQMD.
D. AB 2766 mandates that thirty (30) percent of such vehicle registration fees
be placed in a separate account for the sole purpose of implementing and
monitoring programs to reduce air pollution from motor vehicles.
E. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review
Committee (MSRC) to develop a work program to fund projects which
foster the goal of reducing air pollution emanating from vehicles.
F. The City of Santa Ana submitted a Local Government Match Program
Application dated April 12, 2012 to the AQMD for grant monies under AB
2766.
G. The AQMD Governing Board has determined that the City of Santa Ana
meets the requirements for receipt of grant monies under AB 2766 and
has authorized Local Government Match Grant Award Contract ML 12014
with the City.
556'3 Resolution No. 2013-XXX
Page 1 of 3
Section 2. The City Council hereby approves the execution of the Local
Government Match Grant Award Contract ML 12014.
Section 3. The Council appoints the City Manager or the Executive Director of
Finance and Management Services Agency, or their designee(s), as agent of the City of
Santa Ana to conduct all negotiations, execute and submit all documents which may be
necessary for the completion of the projects as described in Contract ML 12014.
Section 4. The City agrees to comply with all terms and conditions outlined in
Local Government Match Grant Award Contract ML 12014.
Section 5. 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 12013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Sandoval
Chief Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2013-XXX 556'4
Page 2 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2013-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55B-5 Resolution No. 2013-XXX
Page 3 of 3
,
South Coast Cisa-n?ransportation Contract No ML12014
IN Air Quality Management District
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 Drive,
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 AS 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. AS 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
equipment or 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 AS 2766 Discretionary Funds as set forth in
CONTRACTOR's Local Government Match Program Application dated April 5, 2012.
3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be
collected under AS 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.
55B-6
Contract No. ML12014
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.
6, TERM - The term of this Contract is eighty one (81) 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 16. 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.
0. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the
effective date of termination under Clause 7.B. 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.
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.
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
55B-7
Contract No. M112014
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.
0. 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, costs,
lawsuits, claims, demands, causes of action judgments, attorney's fees, or any other expenses arising from
or related to any third party claim against AQMD, its officers, employees, agents, representatives, or
successors in interest that arise or result in whole or in part, from any actual or alleged act or omission of
CONTRACTOR, its employees, subcontractors, agents or representatives in the performance of this
Contract.
11. PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Three Hundred Eighty Four Thousand Dollars
($384,000) upon completion of the project on a reimbursement basis. Any funds not expended upon
early contract termination or contract completion shall revert to the AS 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 AS 2766 Discretionary Funds.
55B-8
Contract No. ML12014
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 iif, at the completion of nfrastructure expenditures ta are essthan dtherTotal Costtamountt(s) contained n?cAtt 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. REFUELING STATION OPERATIONAL AVAILABILITY - CONTRACTOR Is obligated to comply with the
alternative-fuel refueling infrastructure Operational Availability requirements set forth as follows.
55B-9
Contract No. ML12014
A. CONTRACTOR commits to ensuring fast-fill refuelng 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 Percentage of MSRC Funds to be
Termination Occurs Reimbursed
I Within Year 1
-----
Between Years 1-2 _ 1
Between Years 2-3 ?-
80°%
Between Years 3-4 -
40 /o
Belwaen Years 4-5 20% __
After Year 5 B. The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date the
station ceases operation. 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.B.
C. The obligations of this section shall survive the expiration of the Contract and continue in full force and
effect until the applicable operational availability period set forth above has been satisfied
15. 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
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 Percentage of MSRC Funds
Termination Occurs ! to be Reimbursed
Between Years 1-2
Between Years 2-3 60%
I Between Years 3-4 40%
I Between Years 4-5 20%
0%
B. 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.
C. Should CONTRACTOR sell, lease, transfer, assign or otherwise divest itself of the vehicles during the
five year period referred to in clause 15.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
55B-10
Contract No ML12014
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,
subsequent purchaser, either lessee, reimbursement specified
or assignee to comply nwitClause
h the
15SA and 15,8, or require divestiture,
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.
16. 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. Mai,, 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, California 92703
Attn: Rick Longobart
17. 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.
18. 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,
55B-11
Contract No. ML12014
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 seq.), the Federal Civil Rights Act of
1964 (P L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319),
and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall
likewise require each subcontractor to comply with this clause and shall include in each such subcontract
language similar to this clause.
19. 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.
20. 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. CONTRACTOR must also ensure that the equipment to be purchased or installed is in compliance
with all applicable federal, state, and local air quality rules and regulations, and that it will maintain
compliance for the full Contract term. CONTRACTOR shall ensure that the provisions of this clause are
included in all subcontracts.
21. 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.
22. 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.
23. 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.
24. 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.
55B-12
Contract No. ML12014
25. 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.
26. 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.
27. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
28. 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.
29. 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.
30. 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
31. 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.
32 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
55B-13
Contract No. ML12014
Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by reference
herein and made a part hereof.
33 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.
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 - Name.
Dr. William A, Burke, Chairman, Governing Board Title.
Date:
ATTEST,
Saundra McDaniel, Clerk of the Board
By
APPROVED AS TO FORM.
Kurt R. Wiese, General Counsel
111•dSRCo6Loca1GovtMatch
updated 22 October 2008
v
Jose Nanoovlu
Assistant City Attorney
55B-14
Attachment 1
Statement of Work
City of Santa Ana
Hereinafter
Contrract Number MI-112014
Project Description
CONTRACTOR will purchase nine compressed natural gas (CNG) and liquefied
petroleum gas (LPG) heavy-duty vehicles, expand their existing CNG station, and install
electric vehicle (EV) charging infrastructure as specified below.
Statement of Work
Vehicles
CONTRACTOR shall purchase nine heavy-duty vehicles, each with gross vehicle
weight ratings greater than 14,000 pounds and equipped with either dedicated CNG or
LPG engines as specified below. 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.
1 8 years each
(2) CNG transit vehicles
(7) LPG utility vehicles 10 years each
Engines 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/gbhp-hr for particulate matter (PM).
CONTRACTOR shall be reimbursed for vehicles according to the costs stated in
Attachment 2 - Payment Schedule.
Expand CNG Fueling Station
CONTRACTOR shall expand its existing CNG fueling station as specified in Attachment
3.1. - Alternative Fuel Infrastructure Specifications. CONTRACTOR shall be reimbursed
according to Attachment 2 - Payment Schedule.
EV Charging
CONTRACTOR shall install seven EV charging stations, distributed amongst the
following locations with at least one charging station in each location:
215 S. Center Street, Santa Ana, California
220 S. Daisy Avenue, Santa Ana, California
20 Civic Center Drive, Santa Ana, California
Civic Center Complex, Santa Ana, California
55B-15
Attachment 1
Statement of Work
city of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML12014
At least two stations shall be publicly accessible and all stations shall meet current
Society of Automotive Engineers J1772 standards. These locations are understood to
be tentative; CONTRACTOR shall notify AQMD staff of any location changes.
CONTRACTOR shall be reimbursed for charging station installations according to the
costs stated in Attachment 2 - Payment Schedule.
Disclaimer of Warranty
The purchase/lease of funded vehicles/equipment is the contractor's decision. The
AQMD does not make any express or implied warranty of merchantability, fitness for a
particular purpose or otherwise, quality or usefulness of the technology or product.
Without limiting the foregoing, the AQMD will not be financially responsible, or otherwise
liable, for the installation or performance of the vehicle/equipment.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the MSRC's support of the vehicle acquisitions, station expansion, and EV charging
project. 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)
ask mum moon
Order vehicles Month 5
Submit Public Outreach Plan Month 7
Take dnlivi andnlace vehicles in service Month 7
Select CNG station expansion contractor(s) Month 9
Select EV char in contractor Month 11
Order EV char in a ui ment Month 13 _
Complete CNG station expansion
j Install EV charging stations
Implement Public outreach Plan Month 16
1 Month 18
I Month 20 In A?
Quarterly reports ,?and ^1 16
1? -
Hardware: CNG and LPG-fueled vehicles; CNG station equipment; and EV charging
equipment as listed above.
55B-16
Attachment 1
Statement of Work
City of Santa Ana to as Hereinafter
ConRefe Number M CONTRACTOR
2014
act
Reports
Quarterly Reports: Until subject vehicles, expanded CNG station and EV charging
stations are entered into 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 and EV projects.
55B-17
Attachment 2
Payment Schedule
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number M02014
Cost Breakdown
Maximum
AB2766 CONTRACTOR
Purchase Discretionary A132766 i Other Funds Total Cost
Category Funds payable Subvention Applied
I
under this Funds Applied
Contract
Heavy Duty $270,000 (not to
CNG and exceed $30,000 $155,000 $250,000 $675,000
LPG per vehicle)
Vehicles
Expand CNG $46,000 $3,000 $43,000 $92,000
station __
EV Charging $68
000 $68,000 $0 $136,000
Stations ,
Totals _
$384,000
$226,000
$293,000
$903,000
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.
Reimbursement for station will be made:
• only after verification of station completion. At a minimum, acceptable
verification shall consist of:
o Representative photos of completed station;
o a report signed by a responsible official certifying that the station has been
completed as described in Attachments 1 and 3; and
o invoice(s) from subcontractor(s) performing the installations, if any.
Reimbursement for EV charging stations will be made:
• only for site preparation construction, equipment purchase, and installation costs;
and
• only after verification of completion. At a minimum, acceptable verification shall
consist of:
o Representative photos of completed stations;
o a report signed by a responsible official certifying that the stations have been
completed as described in Attachments 1; and
o invoice(s) from subcontractor(s) performing the installations, if any.
55B-18
Attachment 2
Payment Schedule
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML12014
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, as follows:
• For vehicles, the amount reimbursed to CONTRACTOR shall not exceed the
actual amount of AB 2766 Subvention and other funds applied, up to a maximum
of $30,000 per heavy-duty vehicle; and
• For the CNG station expansion and EV charging stations, the amount reimbursed
to CONTRACTOR shall not exceed the actual amount of AB 2766 Subvention
and other funds applied.
55B-19
Attachment 3
Supporting Documentation
City of Santa Ana
Hereinafter CONTRACTOR Number ML1201The 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.
55B-20
Attachment 3
Supporting Documentation
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number MU 2014
Alternative Fuel Infrastructure Specifications
At a minimum, the expanded CNG fueling station shall include the following:
i. Compressor(s) providing at least loo scfm compression capability (increased
from 58 scfm)
ii. Canopy over compressor(s)
55B-21
CCY MANACER
Paul M Walters
MAYOR
CIfYP TOKNE'!
Mlguul A. IShcda
MAYOR PRO n m Sann R Ca vall-a
Cl n,dl,y C Alvnrrte CLERK OF rNE eouNCr
,.lR1N01. MEW! IRj Ma , U. oz r
Carlos Ousiamanln
Mleh°'°
S
1 eL
CITY OF SANTA ANA
.
,1
I
nt I. Sai micnu
l
20 CIVIC CENTER PLAZA - P.O. BOX 1988
Ti
Sa
Sal Tinojcro SANTA ANA, CALIFORNIA 92702
October 30, 2012
South Coast Air Quality Management District
Mobile Source Air Pollution Reduction Review Committee (MSRC)
21865 Copley Drive
Diamond Bar, CA 91765
Re: City of Santa Ana - Insurance Programs
To Whom It May Concern:
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 $1 M 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 (CSAG)
$1 M. The City funds claim payments under $1 M.
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,
Briza Morales
Risk Management Technician
cc: William Navaja
(4 11.
55B-22
t?r?4 City of Santa Ana
Certificate of Self-Insurance
City of Santa Ana, Risl< 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:
Self-insurance Llmit
Tvne of Coverage ?---
$1-,-000,000
General Liability: Bodily Injury and Property Damage
Terms, Conditions and Special Items:
above, shall apply only with respect to claims arising out
The provisions under General Liability,
fficers
of the negligent acts or omissions of the City of Santa Ana, its o, agents and employees or
any other person under its direction and control.
Cancellation:
ured coverages be modified or cancelled before the
-ins
Should any of the above described self
expiration date shown below, the City of Santa Ana will provide 30 days written notice to the
named certificate holder.
Certificate
South Coast Air Quality Management District
Mobile Source Air Pollution Reduction Review
Committee (MSRC)
21865 Copley Drive
Diamond Bar, CA 91765
Certificate Effective Date: ulfuircwl
Certificate Expiration Date: 07/01/2013
Briza Morales, Risl( Management Technician
(714) 647-5470
Date Certificate issued: 10/30/2012
55B-23
55B-24