Loading...
HomeMy WebLinkAboutContracts & Agreements_106a-2009South Coast Contract No, 10135 Tree Planting Partnership Air Quality Manamement District This Contract consists of 12 pages. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (referred to here as "AQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the City of Redlands (referred to here as "CONTRACTOR") whose address is P.O. Box 3005, 35 Cajon Street, Suite 222, Redlands, California 92373. 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. AQMD is authorized to enter into this Contract under California Health and Safety Code Section 40489, AQMD desires to contract with CONTRACTOR for services described in Attachment 1 - Statement of Work, attached here and made a part here by this reference. CONTRACTOR warrants that it is well -qualified and has the experience to provide such services on the terms set forth here. B. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board. C. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney. D. CONTRACTOR agrees to obtain the required licenses, permits, and all other appropriate legal authorizations from all applicable federal, state and local jurisdictions and pay all applicable fees. 3. PERFORMANCE REQUIREMENTS A. CONTRACTOR warrants that it holds all necessary and required licenses and permits to provide these services. CONTRACTOR further agrees to immediately notify AQMD in writing of any change in its licensing status. B. CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of Work. All reports shall be submitted in an environmentally friendly format: recycled paper; stapled, not bound; black and white, double -sided print; and no three-ring, spiral, or plastic binders or cardstock covers. AQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. C. CONTRACTOR shall perform all tasks set forth in Attachment 1 - Statement of Work, and shall not engage, during the term of this Contract, in any performance of work that is in direct or indirect conflict with duties and responsibilities set forth in Attachment 1 - Statement of Work, D. CONTRACTOR shall be responsible for exercising the degree of skill and care customarily required by accepted professional practices and procedures subject to AQMD's final approval which AQMD will not unreasonably withhold. Any costs incurred due to the failure to meet the foregoing standards, or otherwise defective services which require re -performance, as directed by AQMD, shall be the responsibility of CONTRACTOR. CONTRACTOR's failure to achieve the performance goals and objectives stated in Attachment 1- Statement of Work, is not a basis for requesting re -performance unless work conducted by CONTRACTOR is deemed by AQMD to have failed the foregoing standards of performance. Contract No. 10135 Tree Planting Partnership E. CONTRACTOR shall ensure, through its contracts with any subcontractor(s) that employees and agents performing under this Contract shall abide by the requirements set forth in this clause. 4. TERM - The term of this Contract is two (2) years from the date of execution by both parties unless further extended by amendment of this Contract in writing. No work shall commence until this Contract is fully executed by all parties. 5. 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 10. 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 servicep as may be necessary to preserve and protect any Work already in progress and to dispose of any property as requested by AQMD. C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the effective date of termination under Clause 5.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. 6. 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. Contract No. 10135 Tree Planting Partnership B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and $2,000,000 in general aggregate. C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined single limit for bodily injury or property damage. a 7. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, indemnify, and defend 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 as a result of the performance of this Contract. 8. PAYMENT A. AQMD shall pay CONTRACTOR a not -to -exceed amount of Twenty Five Thousand Dollars ($25,000) for work performed under this Contract in accordance with Attachment 2 - Payment Schedule, attached here and included here by reference. Payment shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an invoice prepared and furnished by CONTRACTOR showing services performed and referencing tasks and deliverables as shown in Attachment 1 - Statement of Work, and the amount of charge claimed. Each invoice 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, Attn: Aaron Katzenstein. B. AQMD reserves the right to disallow charges when the invoiced services are. not performed satisfactorily in AQMD sole judgment. 9. INTELLECTUAL PROPERTY RIGHTS - Title and full ownership rights to any software, documents, or reports developed under this Contract shall at all times remain with AQMD. Such material is agreed to be AQMD proprietary information. A. Rights of Technical Data - AQMD shall have the unlimited right to use technical data, including material designated as a trade secret, resulting from the performance of services by CONTRACTOR under this Contract. CONTRACTOR shall have the right to use technical data for its own benefit. B. Copyright - CONTRACTOR agrees to grant AQMD a royalty -free, nonexclusive, irrevocable license to produce, translate, publish, use, and dispose of all copyrightable material first produced or composed in the performance of this Contract. 10. 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. Notice shall be given by certified, express, or registered mail, return receipt requested, and shall be effective as of the date of receipt indicated on the return receipt card. k1 Contract No. 10135 Tree Planting Partnership AQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Aaron Katzenstein CONTRACTOR: City of Redlands P.O. Box 3005, 35 Cajon Street, Suite 222 Redlands, CA 92373 Attn: Danielle Garcia 11. EMPLOYEES OF CONTRACTOR A. AQMD reserves the right to review the resumes of any of CONTRACTOR employees, and/or any subcontractors selected to perform the work specified here and to disapprove CONTRACTOR choices. 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, its officers, employees, agents, representatives or subcontractors shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, representatives or subcontractors be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. C. AQMD requires CONTRACTOR to be in compliance with all state and federal laws and regulations with respect to CONTRACTOR's employees throughout the term of this Contract, including state minimum wage laws and OSHA requirements, 12, CONFIDENTIALITY - It is expressly understood and agreed that AQMD may designate in a conspicuous manner the information which CONTRACTOR obtains from AQMD as confidential, CONTRACTOR agrees to: A. Observe complete confidentiality with respect to such information, including without limitation, agreeing not to disclose or otherwise permit access to such information by any other person or entity in any manner whatsoever, except that such disclosure or access shall be permitted to employees or subcontractors of CONTRACTOR requiring access in fulfillment of the services provided under this Contract. B. Ensure that CONTRACTOR's officers, employees, agents, representatives, and independent contractors are informed of the confidential nature of such information and to assure by agreement or otherwise that they are prohibited from copying or revealing, for any purpose whatsoever, the contents of such information or any part thereof, or from taking any action otherwise prohibited under this clause, C, Not use such information or any part thereof in the performance of services to others or for the benefit of others in any form whatsoever whether gratuitously or for valuable consideration, except as permitted under this Contract. D. Notify AQMD promptly and in writing of the circumstances surrounding any possession, use, or knowledge of such information or any part thereof by any person or entity other than those authorized by this clause. 4 Contract No. 10135 Tree Planting Partnership E. Take at CONTRACTOR expense, but at AQMD's option and in any event under AQMD's control, any legal action necessary to prevent unauthorized use of such information by any third party or entity which has gained access to such information at least in part due to the fault of CONTRACTOR. F, Take any and all other actions necessary or desirable to assure such continued confidentiality and protection of such information. G. Prevent access to such information by any person or entity not authorized under this Contract. H. Establish specific procedures in order to fulfill the obligations of this clause. I. Notwithstanding the above, nothing herein is intended to abrogate or modify the provisions of Government Code Section 6250 et.seq, (Public Records Act). 13. PUBLICATION A. AQMD shall have the right of prior written approval of any document which shall be disseminated to the public by CONTRACTOR in which CONTRACTOR utilized information obtained from AQMD in connection with performance under this Contract. B. Information, data, documents, or reports developed by CONTRACTOR for AQMD, pursuant to this Contract, shall be part of AQMD public record unless otherwise indicated. CONTRACTOR may use or publish, at its own expense, such information provided to AQMD, The following acknowledgment of support and disclaimer must appear in each publication of materials, whether copyrighted or not, based upon or developed under this Contract. "This report was prepared as a result of work sponsored, paid for, in whole or in part, by the South Coast Air Quality Management District (AQMD). The opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of AQMD. AQMD, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and assume no legal liability for the information in this report. AQMD has not approved or disapproved this report, nor has AQMD passed upon the accuracy or adequacy of the information contained herein." C. CONTRACTOR shall inform its officers, employees, and subcontractors involved in the performance of this Contract of the restrictions contained herein and require compliance with the above. 14. 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 or mental disability 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. 15. SOLICITATION OF EMPLOYEES - CONTRACTOR expressly agrees that CONTRACTOR shall not, during the term of this Contract, nor for a period of six months after termination, solicit for employment, whether as an employee or independent contractor, any person who is or has been employed by AQMD during the term of this Contract without the consent of AQMD. 5 Contract No. 10135 Tree Planting Partnership 16. PROPERTY AND SECURITY - Without limiting CONTRACTOR obligations with regard to security, CONTRACTOR shall comply with all the rules and regulations established by AQMD for access to and activity in and around AQMD premises, 17. 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. 18. NON -EFFECT OF WAIVER - The failure of CONTRACTOR or AQMD 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. 19. ATTORNEYS' FEES - In the event any action is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own attorneys' fees and costs. 20. 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. 21. 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. 22, 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. 23. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 24. 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 disputes under this Contract shall be Los Angeles County, California, 25. CITIZENSHIP AND ALIEN STATUS A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and others, and that its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P,L. 99-603). CONTRACTOR shall Contract No. 10135 Tree Planting Partnership obtain from all covered employees performing services hereunder all verification and other documentation of employees' eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. CONTRACTOR shall have a continuing obligation to verify and document the continuing employment authorization and authorized alien status of employees performing services under this Contract to insure continued compliance with all federal statutes and regulations. B. Notwithstanding paragraph A above, CONTRACTOR, in the performance of this Contract, shall not discriminate against any person in violation of 8 USC Section 1324b. C. CONTRACTOR shall retain such documentation for all covered employees for the period described by law. CONTRACTOR shall indemnify, defend, and hold harmless AQMD, its officers and employees from employer sanctions and other liability which may be assessed against CONTRACTOR or AQMD, or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Contract. 26, 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. 27. APPROVAL OF SUBCONTRACT A. If CONTRACTOR intends to subcontract a portion of the work under this Contract, written approval of the terms of the proposed subcontract(s) shall be obtained from AQMD's Executive Officer or designee prior to execution of the subcontract. No subcontract charges will be reimbursed unless such approval has been obtained. B. Any material changes to the subcontract(s) that affect the scope of work, deliverable schedule, and/or cost schedule shall also require the written approval of the Executive Officer or designee prior to execution. C. The sole purpose of AQMD's review is to insure that AQMD's contract rights have not been diminished in the subcontractor agreement. AQMD shall not supervise, direct, or have control over, or be responsible for, subcontractor's means, methods, techniques, work sequences or procedures or for the safety precautions and programs incident thereto, or for any failure of subcontractor to comply with any local, state, or federal laws, or rules or regulations. 28. 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, 7 Contract No. 10135 Tree Planting Partnership 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. 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 i By: % I Dr. William A. Burke, Chairman, Governing Board Date: ATTEST: Saundra McDaniel, Clerk of the Board ovt� By: L APPROVED AS TO FORM: Kurt R Wiese General Counsel By: /ish Las CITY OF REDLANDS By; Name; Tito.' Date: Z % [ J 2cs6!n ATTACHMENT STATEMENT OF WORK City of Redlands 1. ACTIVITIES TO BE FUNDED BY CONTRACT AWARD: This contract shall fund the City of Redlands ("City") for tree planting and temporary student employment for this project in accordance with the terms herein. Goals and Objectives The goals of this contract are to increase the benefits trees provide in reducing criteria and toxic air pollutants along with greenhouse gases. The key objectives are to plant and establish a total of 1000 15-gal. bucket to a maximum size of a 24" box trees (200 Washington Navel, 200 Rio Grapefruit, 200 Star Ruby Grapefruit, 200 Valencia Orange, 200 Eureka Lemon) in the city - owned citrus in the City of Redlands, and to maintain the trees during the 24-month performance period. Other objectives include hiring 2 students at a rate of $15.00/hour for a total of 200 hours and conducting community education and outreach to promote the tree planting project and to inform residents about the value and benefits of the project. Garnering community buy -in for the project will help ensure the long-term survival of the newly -planted trees. Specific Tasks The City shall perform project as proposed in the attached proposal Specificallr. • The City shall hire 2 students for a total of 200 hours for this project at a rate of $15.00/hr. • The City shall plant 200 Washington Navel, 200 Rio Grapefruit, 200 Star Ruby Grapefruit, 200 Valencia Orange, 200 Eureka Lemon within the first 12-month performance period and provide maintenance/pruning for these 1000 trees as outlined in the time schedule for milestones. • The City shall conduct community education and outreach to promote the tree planting project and inform residents about the value and benefits of the project. Prior to being distributed, all Tree Partnership promotional material must have approval of the AQMD. • The City shall provide replacement trees for dead or dying trees as needed during the entire performance period. • The City shall provide invoices, students' timesheets, quarterly reports, and budget and status reports as described in Attachment IA — Deliverables and Attachment II — Payment Schedule. -1- Time Schedule Month/Year Activity October - November 2009 Contract execution; finalize initial site map for tree —planting. November 2009 - October Procure trees and supplies; hire students and plant 1000 2010 trees. November 2009 - October Education and outreach activities. 2010 November 2009 — October Maintain trees planted in prior months, replacement trees for 2011 dead or dying trees as needed. October 2011 Project shall be evaluated and a final report shall be submitted to AQMD within 60 days. 2. AMOUNT OF AWARD AND SCHEDULE OF PAYMENTS: The total amount of award is up to $25,000 payable as described in Attachment II — Payment Schedule. The AQMD reserves the right to fully inspect all work completed prior to any reimbursement. 3. TERM OF AWARD: Funds are to be applied to expenses incurred and paid for the period from the date of contract execution to October 31, 2011. This term may be extended if the AQMD staff, based on documentation provided by CONTRACTOR, determines that the project or program funded by this contract has successfully met its goals. 4. BUDGET AND STATUS REPORTS: Funds from this award shall be expended according to the budget detailed in Attachment II — Payment Schedule. The City shall provide the AQMD with periodic written status reports. The quarterly reports and status and budget reports shall include: (1) summaries of activities conducted during the grant period and (2) a budget report and accounting for all disbursements. The final report shall also include a section evaluating the benefits of this project. The due dates for such written reports are as follows: Quarterly Reports Due January 31, April 30, July 31, and October 31, 2010 Status & Budget Report Due October 31, 2010 Final Status & Budget Report Due October 31, 2011 -2- ATTACHMENT IA I�� 1_I ►� D '7_ C 71�`J City of Redlands In addition to the deliverables set forth in the above -referenced statement of work, CONTRACTOR shall supply the following reports to the AQMD under this Contract. Each submitted report shall be stapled, not bound, printed in black ink, double -sided type, on an 8-1/2 by 11 inch page. I . Two stapled copies of a progress report due by October 31, 2010. CONTRACTOR shall submit two copies of the progress report to AQMD's Tree Partnership, in conjunction with any applicable invoice for the same period. The progress report shall include, but not be limited to, the following: a. Reference to AQMD contract number and title of project. b. Reporting time period (months, year). C. Description of work completed during the reporting period, including a discussion of any problems encountered and how those problems were resolved; and other relevant activities. Include information such as: - Number, type, and size of trees planted. - Detailed information such as addresses and maps as to where work occurred. - Number and hour of students employed, including students' name, contact information, and students' timesheets with signatures. - Discussion of educational and outreach activities. - Color photographs are strongly encouraged to be submitted in a digital format, such as .ppt, .tif, jpg on a CD of the work completed. 2. Two stapled copies of a final report due by October 31, 2011. This document shall be considered in the public domain, in conformance with the California Public Records Act (Government Code Section 6250 et seq.). The final report shall include, but not be limited to, the following: a. Reference to AQMD contract number and title of project. b. Detailed information such as addresses and maps as to where work occurred. C. An estimate of the survival rate of the planted trees over the project period. d. Problems - a discussion of significant problems encountered during the project and how they were resolved. e. Color photographs are strongly encouraged to be submitted in a digital format, such as .ppt, .tif, .jpg on a CD of the work completed. -3- ATTACHMENT COSTSCHEDULE City of Redlands Project Cost The total contract not -to -exceed amount is $25,000 as detailed in the table below. The City shall be reimbursed according to the payment schedule and items in the table below: Item Not -to -Exceed Estimated Payment Cost Schedule Procure 1000 trees (I5-galbucket or 24" box): Quarterly until October 200 Washington Navel 2010 200 Rio Grapefruit $14,630 200 Star Ruby Grapefruit 200 Valencia Orange 200 Eureka Lemon Equipment and Supplies $1 020 Quarterly until October 2010 Outreach expenses $2,000 Quarterly until October 2010 Student employment $3,000 Quarterly until October 2 students, 200 total labor hours a $15/hr 2010 Covered by the Quarterly until October Maintenance City of 2011 Redlands $4,350 ($5,000 Quarterly until October Other Direct Costs provided by 2011 City of Redlands) Total contract not -to -exceed amount $25,000 Reimbursement/Payment In each quarterly report and status & budget report, along with the invoice, the City shall provide a detailed description on how the funds were expended with supporting documents including, but not limited to, paid receipts (purchased trees must have Latin names), evidence of completion of installation site, and time sheets for students employment. Partial performance may be allowable: Should the City procure less than the total amount of trees as provided in the table above, AQMD may prorate payment based upon the percentage procured of the total amount of trees. 151 Resolution No. 6858 - Climate Showcase Communities Grant - On motion of Councilmember Gilbreath, seconded by Councilmember Gallagher, the City Council unanimously adopted by roll call vote Resolution No. 6858, a resolution of the City Council of the City of Redlands authorizing submission of a grant application to the U. S. Environmental Protection Agency for a Climate Showcase Communities grant opportunity to fund an improvement to the existing electricity cogeneration facility at the City's wastewater treatment plant. Resolution No. 6859 - Tree Partnership Grant - On motion of Councilmember Gilbreath, seconded by Councilmember Gallagher, the City Council unanimously adopted by roll call vote Resolution No. 6859, a resolution of the City Council of the City of Redlands authorizing submission of a grant application to the South Coast Air Quality Management District for a tree partnership grant to replace and replant citrus trees in areas where the present species have become unproductive or unprofitable within the 204 acres of City -owned groves. Sunnort SB 696 - CEOA Exemptions: Emission Reduction Credit - On motion of Councilmember Gilbreath, seconded by Councilmember Gallagher, the City Council unanimously authorized by roll call vote the Mayor and City staff to support SB 696 (Wright) to provide a limited California Environmental Quality Act exemption for implementation of specific south Coast Air Quality Management District rules creating or providing air emission offsets from their internal air emissions bank within the District's air basin. Resolution No. 6857 - Levy Paramedic Tax - On motion of Councilmember Gilbreath, seconded by Councilmember Gallagher, the City Council unanimously adopted by roll call vote Resolution No. 6857, a resolution of the City Council of the City of Redlands setting the special tax for emergency paramedic services as permitted by Ordinance No. 1900. COMMUNICATIONS Meeting Attendance - In compliance with Government Code Sections 53232.2 and 53232.3, there were no reports forthcoming from Councilmembers since the Boardmembers are paying their own expenses to attend meetings as their contribution to the budget crises. UNFINISHED BUSINESS 2009-2010 Adopted Budget - Finance Director/City Treasurer Kundig reported that at its special meeting on June 22, 2009, the City Council approved the Fiscal Year 2009-2010 proposed budget on a 4-1 vote, including the addition of a part-time Administrative Assistant in the City Clerk's office for $16,200.00 and reclassification of a Quality of Life department Project Specialist I to a Project Specialist II for an additional $2,600.00. Prior to approving the Fiscal July 21, 2009 Page 4 Resolution No. 6923 — Administration of Caltrans Agreements - On motion of Mayor Pro Tem Bean, seconded by Councilmember Gallagher, the City Council unanimously agreed to approve Resolution No. 6923 designating the responsibility for the administration of Caltrans State Program Agreements for state and federally funded capital improvement projects to the Director of Municipal Utilities and Public Works Engineer. Support for SB 827 - On motion of Mayor Pro Tem Bean, seconded by Councilmember Gallagher, the City Council unanimously agreed to authorize the Mayor to send a letter to the Environmental Protection Agency requesting denial of petitions by environmental organizations to block recently enacted SB 827 (Wright 2009) or AB 1318 (M. Perez) which allows small businesses, essential public services, and exempt facilities to use South Coast Air Quality Management District internal accountcredits to meet emission requirements. Citrus Preservation Grant - On motion of Mayor Pro Tem Bean, seconded by Councilmember Gallagher, the City Council unanimously agreed to receive and file a grant agreement between the City and South Coast Air Quality Management District for $25,000.00 for the Citrus Preservation Project. COMMUNICATIONS: Master Trails Plan - On motion of Mayor Pro Tem Bean, seconded by Councilmember Gallagher, the City Council unanimously agreed to authorize the allocation of staff time and resources to meet with the County Parks for the purpose of the development of a master trails plan. Sustainability Action Plan — Jan Hudson presented a summation of the past year's efforts of the Climate Action Task Force (CATF). The City Council provided guidance on how to go about reviewing the Draft Redlands Sustainability Action Plan. As a public comment, Bob Roberts remembered an effort at the Jocelyn Center which was a lively discussion, but ended in no real consensus. Former Mayor Bill Cunningham advised the council to present the Plan to the public for reaction as soon as possible and to have the hearing in the evening so more people can attend. Haiti Relief Efforts — Fire Chief Frazier reported on his experiences as a participant in Haiti earthquake relief operations. He suggested the lessons to be learned from the events in Haiti for Redlands are to promote code enforcement and emergency preparedness, and continue planning, staffing and training for the event of a major earthquake in Southern California. UNFINISHED BUSINESS: February 16, 2010 Page 3