HomeMy WebLinkAboutContracts & Agreements_70-2007_CCv0001.pdf rN.. Envelop made 5/7/07
, South Coast .
Contract No.ML06062
Air {dualityClean Transportation
Management District y � ?
t , ! Funding from the AASRC
LOCAL GOVERNMENT MATCH PROGRAM CONTRACT 1 q`
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 Redlands (hereinafter referred to as "CONTRACTOR") whose address is 35 Cajon Street, Redlands,
California 92373,
2. RECITALS
A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the
South Coast Air Basin 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 July 18, 2006,
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.
South Coast ContractNo.ML06062
Clean TmnspartationD,7
Air Quality Manal4ement District Funding from the MSRC /a/
:� I`
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 Redlands (hereinafter referred to as "CONTRACTOR") whose address is 35 Cajon Street, Redlands,
California 92373.
2. RECITALS
A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the
South Coast Air Basin 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 July 18, 2006,
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.
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Contract NoAL06062
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 for seventy-two (72) 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 six months at no additional cost. Term extensions greater than six
months must be reviewed and approved by the MSRC.
7, 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 if 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.
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
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,
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Contract No.ML06062
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 One Hundred Thousand Dollars ($100,000)
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,
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
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Contract No.ML06062
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
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., 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
I Within Year 1 j 100%
Between Years 1-2 80%
Between Years 2-3 60%
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Contract No.ML06062
Between Years 3-4 40%
Between Years 4-5 20%
After Year 5 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.
C. 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 14.13, 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
CONTRACTOR: City of Redlands
P.O. Box 3005
Redlands, CA 92373
Attn: Gary Van Dorst
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.
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Contract No,ML06062
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 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.
18. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and
Focal 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.
19. 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.
20. NON-EFFECT OF WAIVER— CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or
allofthe 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.
21. 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,
22. 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.
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Contract No.ML06062
23, 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.
24. _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.
25. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
26. 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,
27. 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.
28. 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.
29. 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.
30. 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]
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- Contract NojNL08062
IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be dUk/ 8X9CUteU QD OOH\r
behalf by their authorized representatives,
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OFREDLANOS
uy: ��u 8az�Ioou
u^ ""William". ~~^—'Chairman, - Tb�: mayor
Date
Date:
ATTEST� PCity Clerk
Saundra McDaniel,Clerk ofthe Board
_-_-
By:
APPROVED ASTOFORM:
Kurt R.Wiese, District Counsel
By: J '
&#SRC08LooalGnvtMstco
Updated 08104106
8
Attachment 1
Statement of Work
City of Redlands
Hereinafter Referred to as CONTRACTOR
Contract Number ML06062
Project Description
CONTRACTOR will purchase four heavy-duty vehicles as specified below.
Statement of Work
Vehicles
CONTRACTOR shall purchase four heavy-duty compressed natural gas (CNG) vehicles
as follows:
Vehicle Life Vehicle
Expectancy Operation
Miles/hours Per
Year
Two (2) frontloader waste haulers with 7 years 2,000 hours
dedicated LNG enaines -------
One (1) sideloader waste hauler with 7 years 2,000 hours
dedicated LNG engine
One—(I) roll-off waste hauler with 10 years 2,000 hours
dedicated LNG engine
CONTRACTOR shall be reimbursed for vehicles according to the costs stated in
Attachment 2 — Payment Schedule. Engine must be certified to a low-emission or
optional NOx standard by the California Air Resources Board prior to the release of
MSRC funds.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the acquisition of the MSRC co-funded vehicles. 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 andco
dnitevenfongThe Public Outreach Plan shall automatically be deemed appro0ys
receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in writing of a Public
Outreach Plan deficiency. CONTRACTOSchedul
ent the appodPublic
Outreach Plan in accordance wihProjecte below.
Attachment 1
Statement of Work — continued
City of Redlands
Hereinafter Referred to as CONTRACTOR
Contract Number ML06062
Project Schedule (based on date of Contract execution)
Task Completion
Re uest to Purchase Roll Off Truck Month 2
Re uest to Purchase Front Loaders Month 4
Re uest to Purchase Side Loaders Month 4
Submit Public Outreach Plan Month 5
Take delivery of vehicle Month 10
Im lement Public Outreach Plan Month I I
Interim Report Month 6
Final Report Month 12
Hardware: Four (4) CNG-fueled vehicle as listed above.
Reports
Interim Report: A concise interim report shall be submitted at the approximate
halfway point in the overall project schedule. At a minimum, the interim report should
address the following topics: tasks completed, issues or problems encountered,
resolutions implemented, and progress to date. An interim report that does 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.
In the event the CONTRACTOR files for bankruptcy or becomes insolvent or
discontinues this project, the following items revert to the AQMD for disposition into the
AB 2766 Discretionary Fund account: none
2
Attachment 2
Payment Schedule
City of Redlands
Hereinafter Referred to as CONTRACTOR
Contract Number ML06062
Cost Breakdown
Local Gov't Number AB 2766 Total Total Cost
Purchase Category of Items Cost per IVISRC Funds
Unit Costs A lied -
Purchase Duty Vehicles 4 $25,000 $100,000 $703,000 $803,000
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.
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 50% of actual vehicle cost, up to a maximum of
$25,000 per heavy-duty vehicle.
Attachment 3
Supporting Documentation
City of Redlands
Hereinafter Referred to as CONTRACTOR
Contract Number ML06062
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.
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June 29,2006
MSRC Contracts Administrator
South Coast Air Quality Management District
21.865 Copley Drive
Diamond Bar,CA 91765
Subject- Statement of Self-Insurance
Dear MSRC Contracts Administrator.
This is to certify that the City of Redlands is self-insured for both public entity liability and worker's
compensation. The City's SIR is $500,000 with an excess policy having a $10,000,000 limit. The
policy period is 07/01/06-07/01/07, and at the time of a funding award the City will provide South
Coast Air Quality Management District (SCAQMD) with a certificate naming SCAQMD as additional
000 and meets all State of California
insured. The worker's compensation SIR is $1,000, 07 and proof of coverage will be
requirements. The excess policy period is 01/01/06 - 01/01/
provided to SCAQMD at the time of a funding award. The City of Redlands agrees to provide the
SCAQMD with thirty(30)day prior written notice of any changes in this program.
For any questions regarding the City of Redlands insurance programs, please contact me at (909)
798-7679.
Tbe
Risk Manaian
City of Redlands
Cc: Tina T. Kundig,Finance Director
Gary Van Dorst,Solid Waste Manager
"Preserving the Past, Protecting the Future"
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