HomeMy WebLinkAboutContracts & Agreements_46-96_CCv0001.pdf 08-SBd-Various
Alternative Fuels and
Vehicles Program
08303 - 995179-SJ3CNT3
District Agreement No. 8-975
gooPERATIVE. AGREEMENT
This AGREEMENT, entered into on May 21 , 1996 _, is between
the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE" , and
CITY OF REDLANDS, a body politic
and municipal corporation of the
State of California, referred to
herein as "CITY" .
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 efficiencies in a cost-effective manner,
and is willing to provide originally equipped manufactured
compressed natural gas commuter vehicles for the purpose of
implementing and monitoring programs to reduce air pollution
from motor vehicles.
(2) STATE contemplates augmenting a Compressed Natural Gas (CNG)
Fueled Vehicle Project by supporting efforts which focus on
Interstate 10 and State Route 30 corridors in San Bernardino
County, referred to herein as "PROJECT" , and is willing to
provide CITY with one (1) CNG originally equipped
manufactured commuter vans, as specified in the APPENDIX, to
be used for implementing a CNG vanpooling program.
(3) STATE contemplates studying and monitoring PROJECT for
purposes of statewide application of ridesharing and
utilizing clean fueled motorized vehicles.
(4) This Agreement supersedes any prior Memorandum of
Understanding (m0U) relating to PROJECT.
(5) The parties hereto desire to define herein the terms and
conditions under which said PROJECT will be developed,
financed, and implemented.
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District Agreement No. 8-975
aE !TI!2N I
giTl AG_RF_LS__*
(1) To implement PROJECT in accordance with the Compressed
Natural Gas (CNG) Fueled Vehicle Project described in the
APPENDIX, attached and made part of this Agreement.
(2) CITY agrees to match PROJECT with two (2) light duty
vehicles using a minimum of (40) equivalent gallons of CNG
fuel daily, to be purchased, or converted, by December 31,
1996.
(3) To provide STATE monthly progress reports after receipt of
vans by the 15th of each month through December 31, 1997 and
annual progress reports through December 31, 1998. These
reports will include efforts expended and underway, and
related expenses during the current reporting period. These
reports will also 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 CITY.
(4) To assume ownership and liability responsibilities for all
vehicles, and to maintain all vehicles at CITY's own cost
and expense, and make no claims against STATE for any
portion of such expenses.
(5) To notify STATE in writing within thirty (30) days prior to
terminating PROJECT before the date of December 31, 1998,
and to provide a report explaining all reasons for
termination.
(6) If CITY terminates PROJECT before the date of December 31,
1998, CITY will reimburse STATE for the current wholesale
value of one (1) CNG originally equipped manufactured
commuter vehicles acquired, or deliver to STATE the legal
titles to vehicles acquired under this Agreement, free and
clear of all encumbrances detrimental to STATE's present and
future uses. Acceptance of said titles by STATE is subject
to a review in STATE's name to be provided and paid for by
CITY.
(7) Upon the PROJECT termination date of December 31, 1998, CITY
will retain legal titles to vehicles.
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District Agreement No. 8-975
SECTION 11
STATE ES:
(1) To implement PROJECT in accordance with the Compressed
Natural Gas (CNG) Fueled Vehicle Project described in
APPENDIX, attached and made part of this Agreement.
(2) To provide CITY with one (1) CNG originally equipped
manufactured commuter vehicles, as specified in APPENDIX.
SECTION III
IT :S--W-nMLW--A�RD1*-
(1) All obligations of STATE under the terms of this Agreement
are contingent upon the appropriation of resources by
Legislature.
(1a) All obligations of CITY under the terms of this Agreement
are contingent upon appropriation of funds by city Council.
(2) The parties hereto will carry out PROJECT in accordance with
APPENDIX, attached and made 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 responsibilities of the respective
parties. Such modifications shall be concurred with by the
CITY's representative and STATE's District Director for
District 8 and become part of this Agreement, after
execution by the respective parties, as an amendment to this
Agreement.
(3) 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 CITY under or in
connection with any work, authority or jurisdiction
delegated to CITY under this Agreement. it is understood
and agreed that, pursuant to Government Code Section 895.4,
CITY shall fully defend, indemnify and save harmless the
State of California, 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 CITY under or in connection with any
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District Agreement No. 8-975
work, authority or jurisdiction delegated to CITY under this
Agreement.
(4) Neither CITY 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 upon that, pursuant to Government Code Section
895.4, STATE shall fully defend, indemnify and save harmless
the CITY 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 negligently done or omitted to be done by
STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement.
(5) No alteration or variation of the terms of this Agreement
shall be valid unless made in writing and signed by parties
hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties
hereto.
(6) operation of vanpools by CITY using vans provided by STATE
will conform to the purpose of APPENDIX and federal and
state vanpool guidelines.
(7) CITY and STATE will retain or cause to be retained and will
make available for audit or copying by CITY, 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, 1998, all records and accounts relating to
PROJECT.
(8) The Contract Cost Principles and Procedures, 48 CFR, Chapter
1, Part 31, and 49 CFR, Part 18, Uniform Administrative
Requirements for Grants-in-Aid to State and Local
Governments are applicable to this Agreement.
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District Agreement No. 8-975
(9) Unless earlier terminated by written notice, this Agreement
shall terminate upon receipt and acceptance by STATE of ,
final annual report due December 31, 1998 for PROJECT.
STATE OF CALIFORNIA CITY OF REDLAND
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation M yor
By
S. LISIEWICZ , Attest:
District Director City Clerk
APPROVED AS TO FORM AND PROCEDURE:
Attorney, Department of Transportation
CERTIFIED AS TO FUNDS:
District Budget Manager
CERTIFIED AS TO PROCEDURE:
District Accounting Administrator
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District Agreement No. 8-975
&RRKNP_I_X
WORK PLAN FOR THE CITY OF REIN ISS
COMPRESSED NATURAL GAS FUELED VEHICLE PROJECT
OPEII _$M
_Nq ATEMENT
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 goal, objective,
requirements, and project budget.
GOAL
Project is to promote the use of cleaner fueled commuter
ridesharing 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
maintaining a CNG fueling station.
gAIECTIVE
Project is to provide one (1) dedicated CNG originally equipped
manufactured commuter van to the City of Redlands. This will be
matched by vehicle(s) using a minimum of forty (40) equivalent
gallons of CNG fuel daily, purchased by December 31, 1996. CITY
match will be contingent upon availability of local funds for
vehicle purchases.
RE JIREMENTS - U—Na
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 life of the 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,
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District Agreement No. 8-975
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
CNG originally equipped manufactured commuter vehicles (vans)
were originally purchased for project purposes by the Victor
Valley Transit Service Authority (VVTA) under Cooperative
Agreement 08-848. The State reimbursed VVTA the amount of
$25, 100.00 for each vehicle covered in this Agreement---
$25, 100.00 reimbursement cost for one (1) van. Due to the
unavailability of a fueling infrastructure, the program could not
be implemented. Victor Valley Transit Service Authority
requested the cancellation of Agreement 08-848 and returned the
vans to the STATE. one van is being transferred to the City of
Redlands under this Agreement. The 1994 Dodge Ram 350 CNG
originally equipped manufactured commuter vans; VIN
#2B5WB35T3RK58423J/0 LIC. #EO01932 represents the STATE's total
resources available to this PROJECT. There will be no further
monetary transactions.
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