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Alternative Fuels and Vehicles Program
08303-995179-3CNT4
District Agreement No. 08-929
COOPERATIVE AGREEMENT
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This AGREEMENT, entered into on L , is between IT7
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the STATE OF CALIFORNIA, acting by and through. its —Department of
Transportation, referred to herein as STATE, the
CITY OF BIG BEAR LAKE, a body politic
and a municipal corporation of the State of California,
referred to herein as CITY, and
CITY OF REDLANDS, a body politic
and a municipal corporation of the State of California,
referred to herein as REDLANDS.
RECITALS
(1) STATE has undertaken an extensive Compressed Natural Gas
(CNG) Fueled Vehicle Project to implement a number of
transportation management strategies aimed at reducing
traffic congestion while improving mobility, safety, air
quality and energy efficiency in a cost-effective manner and
will provide funds for the purpose of implementing and
monitoring project to reduce air Pollution from motor
vehicles.
(2) STATE contemplates studying and monitoring PROJECT for
purposes of statewide application of ridesharing and
utilizing clean fueled motorized vehicles.
(3) STATE augmented a Compressed Natural Gas (CNG) Fueled
Vehicle Project by supporting efforts which focus on the
Interstate 10/State Route 60 and Interstate 15/State Route
215 corridors in San Bernardino County, referred to herein
as "PROJECT", and deposited with the CITY a fixed lump sum
referred to herein as "FUNDS" to be used for the purpose of
purchasing natural gas vehicles.
(4) STATE and CITY entered into an Agreement (Headquarters
Document No. 8885) , District Agreement 8-843, on June
2, 1993, said Agreement defining the terms and conditions of
a project to purchase natural gas vehicles.
District Agreement No. 8-929
(5) CITY has determined that a city vanpool operation is not
currently viable, and is willing to transfer two (2) natural
gas vans to another public agency.
(6) REDLANDS has agreed to accept the transfer of the two (2)
natural gas vans from CITY for the purpose of a city vanpool
operation to implement PROJECT.
(7) This Agreement supersedes any prior Memorandum of
Understanding (MOU) relating to PROJECT, and cancels
District Agreement No. 8-843, Document No. 8885.
(8) The parties hereto intend to define herein the terms and
conditions under which PROJECT is to be developed, financed,
and implemented.
SECTION I
CITY AGREES:
(1) To transfer CNG vehicles from CITY to REDLANDS.
SECTION II
REDLANDS AGREES•
(1) To implement PROJECT in accordance with the Compressed
Natural Gas (CNG) Fueled Vehicle Project described in
APPENDIX A, attached and made part of this Agreement.
(2) To accept two (2) dedicated CNG original equipment
manufactured commuter vans from CITY within thirty (30) days
from full execution of this Agreement.
(3) To provide STATE monthly progress reports after the transfer
of vehicles by the 15th of each month through December 1995,
and semi-annual progress reports through December 31, 1997.
These reports will include efforts expended and underway,
and related expenses during the current reporting period.
These reports also will include the PROJECT effectiveness in
reducing commuter trips, all maintenance and repair records,
major fuel-related problems and issues and recommendations
for future natural gas vehicle efforts within REDLANDS.
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District Agreement No. 8-929
(4) To assume ownership and liability responsibilities for all
vehicles, and to maintain all vehicles at REDLANDS' own cost
and expense, and make no claims against STATE for any
portion of such expenses.
(5) To notify STATE in writing thirty (30) days prior to
terminating PROJECT before the date of December 31, 1997,
and to provide a report explaining all reason for
termination.
(6) If REDLANDS terminates PROJECT after vehicles are
transferred from CITY but before the date of December 31,
1997, REDLANDS will reimburse STATE for STATE's one hundred
percent (100%) share of the vanpool vehicles at the current
wholesale value or deliver to STATE the legal title to
vehicles acquired through transfer under this Agreement free
and clear of all encumbrances detrimental to STATE's present
and future uses. Acceptance of said title by STATE is
subject to a review in STATE's name to be provided and paid
for by REDLANDS.
(7) Upon the PROJECT termination date of December 31, 1997,
REDLANDS will retain legal title to vehicles.
SECTION III
STATE AGREES•
(1) To implement PROJECT in accordance with the Compressed
Natural Gas (CNG) Fueled Vehicle Project described in
APPENDIX A, attached and made a part of this Agreement.
SECTION IV
IT IS MUTUALLY AGREED:
(1) REDLANDS and STATE will carry out PROJECT in accordance with
APPENDIX A, attached and made a part of this Agreement,
which outlines the responsibilities of the parties hereto.
The attached APPENDIX may in the future be modified in
writing to reflect changes in the responsibilities of
REDLANDS and STATE. Such modifications shall be concurred
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District Agreement No. 8-929
with by REDLANDS' representative and STATE-'s District
Director for District 8 and become a part of this Agreement
after execution by the respective officials of REDLANDS and
STATE, as an amendment to this Agreement.
(2) Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reason
of anything done or omitted to be done by REDLANDS under or
in connection with any work, authority or jurisdiction
delegated to REDLANDS under this Agreement. It is
understood and agreed that, pursuant to Government Code
Section 895.4, REDLANDS shall fully defend, indemnify and
save harmless the State of California, all officers and
employees from all claims, suits or actions of every name,
kind and description brought for or on account of injury (as
defined in Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by REDLANDS
under or in connection with any work, authority or
jurisdiction delegated to REDLANDS under this Agreement.
(3) Neither REDLANDS nor any officer or employee thereof is
responsible for any damage or liability occurring by reason
of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction
delegated to STATE under this Agreement. It is understood
and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully defend, indemnify and save harmless
REDLANDS from all claims, suits or actions of every name,
kind and description brought for or on account of injury (as
defined in Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by STATE under
or in connection with any work, authority or jurisdiction
delegated to STATE under this Agreement.
(4) No alteration or variation of the terms of this Agreement
shall be valid unless made in writing and signed by the
parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties
hereto.
(5) Operation of vanpools by REDLANDS using vans purchased with
FUNDS will conform to the purpose of APPENDIX A and federal
and state vanpool guidelines.
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District Agreement No. 8-929
(6) REDLANDS and STATE will retain or cause to be retained and
will make available for audit or copying by REDLANDS, STATE
or other government auditors for a period of three (3) years
from date of termination of this Agreement, by written
notice or termination of this Agreement by final annual
report due December 31, 1997, all records and accounts
relating to PROJECT.
(7) The Contract Cost Principles and Procedures, 48 CFR, Chapter
1, Part 31, and 49 CFR, Part 18, Uniform Administrative
Requirements for Grants-in-Air to State and Local
Governments are applicable to this Agreement.
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District Agreement No. 8-929
(8) Unless earlier terminated by written notice, this Agreement
shall terminate upon receipt and acceptance by STATE of
final annual report due December 31, 1997 for PROJECT.
STATE OF CALIFORNIA CITY OF REDLANDS
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation
=r Mayor
By m _.
Distri Director
Attest: k_. t
16 y Clem;
APPROVED AS TO FORM AND PROCEDURE:
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w .,.._ CITY OF BIG BEAR LAKE
Attorney, j
Department of Transportation B '
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Mayor
CERTIFIED AS TO FUNDS: i i
Attest:
District � *cbe Manager
APPROVED AS TO FORM AND
PROCEDURE:
CERTIFIED AS TO PROCEDURE:
Conse
Acc€ nt ng Administrator
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District Agreement No. 8-929
APPENDIX A
WORK PLAN FOR THE CITY OF REDLANDS
COMPRESSED NATURAL GAS FUELED VEHICLE PROJECT
OPENING STATEMENT
The following document summarizes a proposed work plan for the
demonstration of City of Redlands Compressed Natural Gas (CNG) Fueled
Vehicle Project.
The structure of the proposal contains the goals, objectives and
requirements.
GOALS
PROJECT is to promote the use of cleaner fueled commuter rideshare
vehicles as a traffic demand management strategy while working toward
meeting federal and state energy goals and air quality standards. The
commitment to purchase and operate these CNG vehicles in the City of
Redlands is essential to maintain a high volume CNG fueling station.
OBJECTIVES
PROJECT is to transfer two (2) dedicated CNG commuter vans, original
equipment manufactured from the City of Big Bear Lake to the City of
Redlands, to be matched with vehicle(s) using twenty (20) equivalent
gallons of CNG fuel daily, purchased or converted by December 30,
1997 . Redlands may purchase two (2) compressed natural gas vans or
any other vehicular equipment that uses twenty (20) equivalent gallons
of CNG fuel daily. Another option is to convert two (2) of your
existing fleet vehicles. The equipment purchase/conversion date must
be by December 30, 1997.
REQUIREMENTS-VANS
The cost of acquiring a vanpool vehicle is eligible under the
following conditions:
The vanpool vehicle is a four-wheeled vehicle manufactured
for use on public highways for transportation of 7-15
passengers (excluding passenger cars which do not meet the
7-15 passenger criteria and buses) ; and
Provision is made for repayment of the acquisition cost to
the project within the passenger-service life of the
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District Agreement No. 8-929
vehicle. Repayment may be accomplished through the charging of a
reasonable user fee based on an estimated number of riders per
vehicle and the cost of reasonable vehicle depreciation,
operation, and maintenance. Repayment is not required under the
following conditions:
When vehicles are purchased as demonstrator vans for use as
a marketing device. Vehicles procured for this purpose
should be used to promote the vanpool concept among
employees, employers, and other groups by allowing potential
riders and sponsors to examine commuter vans; or
When vehicles are purchased for use on a trial commuting
basis to enable people to experience vanpooling first hand.
The trial period must be limited to a maximum of two months.
That part of the user fee normally collected to cover the
capital or ownership cost of the van would be eligible for
reimbursement as a promotional cost during the limited trial
period. As with established vanpool service, all vehicle
operating costs must be borne by the user(s) during the
trial period.
PROJECT BUDGET
Estimated contribution: REDLANDS $100, 000
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