HomeMy WebLinkAbout55A - RESO - GRANT APP AND AA AWARD FROM AQMD-MSRCREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2012
TITLE:
RESOLUTION AUTHORIZING SUBMISSION
OF 2012 GRANT APPLICATION TO AND
APPROPRIATION ADJUSTMENT
ACCEPTING 2011 GRANT AWARD FROM
AQMD-MSRC LOCAL GOVERNMENT
MATCH PROGRAM FOR ALTERNATIVE
ENERGY PROJECTS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Adopt resolution authorizing staff to submit 2012 grant application for Air Quality
Management District (AQMD) Mobile Source Air Pollution Reduction Review Committee
(MSRC) Clean Transportation Local Government Match Program grant funds in the
amount of $320,000 for the purchase of nine Medium- and Heavy-Duty Alternative Fuel
vehicles and installation of five electric vehicle charging stations on various City-owned
properties.
2. Accept 2011 grant award in the amount of $527,500 from AQMD-MSRC Clean
Transportation Local Government Match Program comprised of two grant contracts as
follow:
a. AQMD-MSRC Contract No. ML 11029 Corporate Yard Alternative Energy Fueling
Stations (Fixed Stock) in the amount of $262,500 to install a Propane station, upgrade
existing Compressed Natural Gas (CNG) stations, and modify the Yard fleet
maintenance facility to allow public access to the alternative energy fueling stations as
required by the grant.
b. AQMD-MSRC Contract No. ML 11041 Alternative Energy Vehicles (Rolling Stock) in
the amount of $265,000 to purchase seven Propane-powered heavy-duty trucks and
retrofit six Diesel heavy-duty trucks with diesel particulate filters.
3. Authorize staff to execute said grant contracts and approve Appropriation Adjustment
recognizing new revenue of $527,500 in Revenue Account 03116002-52040 Air Quality
Improvement Fund and appropriating the same in Expenditure Account 03110101 66220
Fleet Services-Air Quality Improvement.
55A-1
AQMD-MSRC Alternative Energy Grants
May 21, 2012
Page 2
DISCUSSION
In September 2011, the City adopted a 5-Year Alternative Energy Strategic Plan which the
Corporate Yard Facilities/Fleet Service Manager presented to the City Council at the meeting of
March 19, 2012. The Plan outlines the strategy to move the City's Fleet operations from
conventional fuel (diesel and unleaded gasoline) to alternative energy such as Compressed
Natural Gas (CNG), electricity, hydrogen, and propane. Currently, only 5% of the City's Fleet is
powered by alternative energy. The goal of the Plan is to increase this 5% rate to 75% in five
years by gradually retrofitting or replacing fleet equipment. The fueling infrastructure to support
this new breed of fleet equipment is also addressed in the Plan which proposes to develop
alternative energy fueling stations to be used not only by City fleet operators but also by Santa
Ana residents and the community at large. These publicly accessible facilities will be equipped
with credit card readers to capture City revenue from the public sale of alternative fuel.
Staff requests Council to adopt a resolution (Attachment 1) authorizing the Facilities-Fleet
Services-Central Stores Manager to submit the 2012 grant application (Attachment 2) for the
AQMD-MSRC Clean Transportation Local Government Match Program in the amount of
$320,000 to help fund the FY 2012-2013 Alternative Energy Action Plan. Total cost for 2013 Plan
implementation is $775,000. City will initially pay all costs using FY 2012-2013 money in Account
Nos. 03110101 Air Quality Improvement-Fleet and 07510101 Equipment Replacement Fund. The
2012 grant award of $320,000 would reimburse Account No. 03110101. Net cost to the City in
2013 would be $455,000.
Staff also requests Council to accept the 2011 grant award (Attachment 3) of $527,500 from the
AQMD-MSRC Clean Transportation Local Government Match Program to help fund the current
year Alternative Energy Action Plan. Total cost for 2012 Plan implementation is $1,055,000. City
will initially pay all costs using current year funds in Account Nos. 03110101 Air Quality
Improvement-Fleet and 07510101 Equipment Replacement Fund. The 2011 grant award of
$527,500 would reimburse Account No. 03110101. Net cost to the City in 2012 would be
$527,500.
FISCAL IMPACT
1. There is no current year fiscal impact associated with the 2012 grant application.
2. FY 11-12 Alternative Energy Action Plan implementation has a total cost of $1,055,000.
The AQMD-MSRC 2011 grant award of $527,500 will be recognized in Revenue Account
03116002-52040 Air Quality Improvement Fund and appropriated in Expenditure Account
03101101-66220 Fleet Services-Air Quality Improvement. City match funds required by
the grant are available in Expenditure Account 07510101-66400 Equipment Replacement
Fund.
55A-2
AQMD-MSRC Alternative Energy Grants
May 21, 2012
Page 3
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Attachments: 1. Resolution
2. 2012 AQMD-MSRC Grant Application
3. 2011 AQMD-MSRC Grant Award (ML 11029 and ML 11041)
55A-3
55A-4
Attachment 1
Council Resolution No. 2012-
55A-5
Iss05/14/12
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING THE
APPLICATION FOR PROJECT FUNDING UNDER
THE MOBILE SOURCE AIR POLLUTION
REDUCTION PROGRAM
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. In 1990 the State of California enacted AB 2766, authorizing the
collection of additional motor vehicle registration fees to implement
programs to reduce motor vehicle air pollution; and
B. The South Coast Air Quality Management District ("AQMD"), has been
authorized to manage the AB 2766 funds for the Southern California
area; and
C. Thirty percent (30%) of the AB2766 funds is available on a competitive
basis through the Mobile Source Air Pollution Reduction Committee
("MSRC"), Clean Transportation Local Government Match Program, to
implement and monitor programs to reduce vehicle air pollution; and
D. AQMD has issued a call for projects to be funded through MSRC for
1) The purchase of "Near Zero Emission" medium and medium-
heavy duty vehicles ; and
2) The development of alternative fuel infrastructure; and
E. The City of Santa Ana will utilize the funding to purchase nine medium
and heavy duty alternative fuel vehicles and install three Electric
Vehicle charging stations which will be accessible to the public; and
F. The MSRC program requires that the City provide matching funds
necessary for the completion of approved applications.
Section 2. The City Council of the City of Santa Ana authorizes the
submission of applications for Mobile Source Air Pollution Reduction funding in
55A-6
the amount of $270,000 for purchase of alternative fuel medium and heavy duty
vehicles, and in the amount of $50,000 for the installation of alternative fuel
infrastructure.
Section 3. The City Council appoints the City Manager, or the
Executive Director of the Finance and Management Services Agency or his
designee, as agent for the City of Santa Ana to conduct all negotiations, execute
and submit all documents, including but not limited to applications, agreements,
amendments, payment requests and so on, which may be necessary for the
completion of the project.
Section 4. 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 , 2012.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
55A-7
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the
attached Resolution No. to be the original resolution adopted by
the City Council of the City of Santa Ana on
Date:
Clerk of Council
City of Santa Ana
55A-8
Attachment 2
2012 AQMD-MSRC Grant Application
55A-9
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Claudia C. Alvarez
COUNCILMEMBERS
P. David Benavides
Carlos Bustamante
Michele C. Martinez
Vincent F. Sannlento
Sal Tlnajero
April 5, 2012
CITY OF SANTA ANA
20 Civic Center Plaza a P.O. Box 1988
Santa Ana, California 92702
Cynthia Ravenstein
MSRC Program Administrator
Mobile Source Air Pollution Reduction Review Committee
21865 East Copley Drive
Diamond Bar, California 91765
Dear Ms. Ravenstein:
INTERIM CITY MANAGER
Paul Walters
INTERIM CITYATTORNEY
Joseph Straka
CLERK OF THE COUNCIL
Maria D. Huizer
Please accept the City of Santa Ana's application to the Mobile Source Air Pollution
Reduction Review Committee (MRSC) Clean Transportation Funding Local Government
Match Program 2012 Edition.
Santa Ana is seeking co-funding in the MSRC project categories listed below.
1. Purchase of Heavy-Duty Alternative Fuel Vehicles
2. Installation of Electric Vehicle Charging Stations
I will be the contact for technical and contractual matters. My contact information is listed
below.
Rick Longobart
Facilities, Fleet and Central Stores Manager
215 South Center Street
Santa Ana, CA
714 926 6332 Telephone
714 647 3599 FAX
riongobart@santa-ana.org
Please contact me if you needed additional information. I look forward to working with you
and your staff on these new projects.
° Sincere
ay
? ?4_
Rick Lonq
55A-10
Clean Transportation
Funding from the MSRC
Mnt)i?n SntuC6 Air Q ?1lulinn Waidtjr.linn M7?,;iew Comrnittpg
Local Government Match Program
2012 Edition
A Funding Opportunity for Cities & Counties in the
South Coast Air Quality Management District
PA2012-14
City of Santa Ana
April 10, 2012
55A-11
MSRC Clean Transportation FundingTm
2012 Local Government Match Program
MEDIUM AND HEAVY-DUTY VEHICLE PURCHASE APPLICATION FORMS
PART A - APPLICANT INFORMATION
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
A. Please provide the following applicant information in the space provided.
Applicant Name: CITY OF SANTA ANA
Address: 215 South Center Street
Santa Ana California
Contact Person: Rick Longobart Title: Facilities Fleet and Central Stores Manager
Telephone Number: 714 926 6332 Fax #: 714 647 3599
E-Mail Address: riongobart0santa-ana org
B. Please answer the following questions:
YES NO
1. Are you submitting a Joint Application with other Cities/Counties? ? 6
2. If "Yes", are you authorized to act in behalf of all participants? ? ?
3. If "Yes", please provide the names of all other project participants.
Please designate if the other participants are public agencies or
private entities: PUBLIC PRIVATE
a) ? ?
b) ? 0
YES NO
4. If you answered "Yes" to questions 1 and 2, above, have you
attached a letter from each entity designating a lead agency and ? ?
authorizing that agency to act on behalf of the other participants?
55A-12
MSRC Clean Transportation FundingTm
2012 Local Government Match Program
PART B - PROJECT DESCRIPTION/STATEMENT OF WORK
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
A. PROJECT DESCRIPTION: Describe the proposed alternative-fuel vehicle purchase(s). For each vehicle to be
purchased, please provide the information in the table below, or attach a separate sheet:
1. vehicle make and model;
2. Fuel Type (CNG, LNG, LPG, etc,) ;
3. Engine model, including horsepower;
4. Gross vehicle weight;
5. Estimated vehicle life;
6. Vehicle duty cycle (i.e., trash collection, local delivery, etc.)
7. Annual operation within the geographical jurisdiction of the South Coast Air District (indicate whether
mileage or hours)
_ Annual
Vehicle Make & Engine Model & Gross
Vehicle Vehicle Life Vehicle Duty Vehicle
Operation
Model fuel Type Horsepower Weight (years) Cycle (hours or
mileage)
Ford E-550 CNG 6.8 Liter 14,500 8 transit 15,000
1 362 HP
Ford E-550 CNG 6.8 Liter 14,500 8 transit 15,000
2 362 HP
Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000
3 362 HP
Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000
4 362 HP
Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000
5 362 HP
Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000
6
362 HP
Ford F-550 Propane TI-Liter 15,000 10 utility 8,000
7
362 HP _
_
Ford F-550 Propane 6.8 Liter 15,000 10 utility 8,000
8 362 HP
9 Ford F-550 T Propane 6.8 Liter 15,000 10 utility 8,000
362 HP
10.
Total Number of Medium-Duty Alt-Fuel Vehicles (GVWR 8,501-14,000 pounds): 0
Total Number of Heavy-Duty Alt-Fuel Vehicles (GVWR >14,000 pounds): 9
2
55A-13
MSRC Clean Transportation FundingT"'
2012 Local Government Match Program
PART C - PROJECT BUDGET
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
A. Please provide your Current Unallocated Subvention Fund Balance: $ 0 (all allocated)
B. Please provide the following Alternative Fuel Vehicle Purchase Cost by Category Information:
PROJECT COSTS BY FUNDING CATEGORY AMOUNT
1. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE
PURCHASES FROM EXISTING UNALLOCATED BALANCE: $ 0
2. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE
PURCHASES FROM FUTURE YEAR ALLOCATION (FY 2012/2013): $ 155,000
3. OTHER FUNDS APPLIED TO ALT-FUEL VEHICLE PURCHASES
(MOTTO EXCEED $250,000): $ 250.000
4. TOTAL AB 2766 SUBVENTION FUNDS AND OTHER FUNDS
APPLIED TO HEAVY-DUTY VEHICLE PURCHASES
(SUM OF LINES 1, 2, AND 3): $ 405,000
5. AMOUNT OF MSRC MATCH FUNDING REQUESTED FOR HEAVY
DUTY VEHICLE PURCHASE ($1 FOR $1 MATCH UP TO $30,000
PER VEHICLE): $ 270.000
6. ADDITIONAL PROJECT CO-FUNDING FROM OTHER SOURCES: $ 0
7. TOTAL PROJECT COST: $ 675,000
3
55A-14
MSRC Clean Transportation FundingTm
2012 Local Government Match Program
PART D - PROJECT IMPLEMENTATION SCHEDULE
Purchase of Medium and Heavy-Duty Alternative Fuel Vehicles
Please provide, either in the space outlined below or separate attached sheet, a Milestone Schedule for your
proposed vehicle purchase project. The schedule should include anticipated start and completion dates for
each task, activity, or milestone identified in PART B, "Project Description/Statement of Work".
The format requirements for the Project Implementation Schedule are flexible. A template is provided below:
Implementation Schedule: Purchase of Nine Alternative-Fuel Vehicles
PROJECT MILESTONE START DATE COMPLETION DATE
1. Sign agreement with MSRC and receive authorization to
proceed ATP ATP
2. Finalize vehicle options ATP ATP + 1 month
3. Complete bid package and forward to vendors ATP + 1 month ATP + 1 months
4. Receive bids, select vendor and process purchase order ATP + 2 months ATP + 2 months
5. Schedule and conduct staff training ATP + 3 months ATP + 3 months
6. Receive and test vehicles ATP + 3months ATP + 4 months
7. Assign vehicles to service routes ATP + 3 months ATP + 4 months
8. Process all requests for reimbursements ATP + 6 months ATP + 7 months
9. Complete progress report ATP + 6 months ATP + 7 months
10. Complete final report ATP + 8 months ATP + 12 months
55A-15
MSRC Clean Transportation FundingTM
2012 Local Government Match Program
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE FORMS
PART A - APPLICANT INFORMATION
Electric Vehicle Charging Infrastructure
A. Please provide the following applicant information in the space provided.
Applicant Name: CITY OF SANTA ANA
Address: 215 South Center Street
Santa Ana California
Contact Person: Rick Loneobart Title: Facilities, Fleet and Central Stores Manager
Telephone Number: 714 926 6332 Fax #: 714 647 3599
E-Mail Address: riongobart@santa-ana.org
B. Please answer the following questions:
YES NO
4. Are you submitting a Joint Application with other Cities/Counties? 171 V
5. If "Yes", are you authorized to act in behalf of all participants? ? (73
6. If "Yes", please provide the names of all other project participants.
Please designate if the other participants are public agencies or
private entities: PUBLIC PRIVATE
C) ? ?
d) 173 173
YES NO
5. If you answered "Yes" to questions land 2, above, have you
attached a letter from each entity designating a lead agency and Q ?
authorizing that agency to act on behalf of the other participants?
5
55A-16
MSRC Clean Transportation Funding TM
2012 Local Government Match Program
PART B - PROJECT DESCRIPTION/STATEMENT OF WORK
Electric Vehicle Charging Infrastructure
A. PROJECT DESCRIPTION: Please describe the proposed electric vehicle charging infrastructure project,
including: a) technical description of the proposed hardware (i.e., charger types, charger unit model,
manufacturer, charging level or rated power; etc.); b) site locations for charging infrastructure installation;
and c) level of public accessibility (i.e., available to all users, accessible to city/county fleet vehicles only,
etc.).
The City of Santa Ana proposes to install five electric vehicle charging stations. The charging stations will
be located at the sites listed below.
1. Santa Ana Corporate Yard
2. Santa Ana City Hall
3. Civic Center Complex
All sites are City-owned properties. Each location will have charging infrastructure that is publicly
accessible to all users on a twenty-four hour basis. initially, there will be no cost for recharging. The
Corporate Yard location will additionally have chargers that are available for staff use.
The hardware will be manufactured by ClipperCreek, Inc. The charging units will CS-40 Series with
Access Control, Online Managed Account and Point of Sale options. Mounting Bases will be Duel Mount
Pedestals equipped with two units each. One wall mounted unit for placement in the Corporate Yard
shop area will also be purchased. Comparable equipment may be substituted based on bid results and
availability.
The chargers are Level 2 and UL Listed.
B. STATEMENT OF WORK: Please provide a Statement of Work for the proposed electric vehicle charging
infrastructure project. Include all Project Tasks as they relate to project design, development, and
implementation. Each Task should be described with sufficient detail to adequately convey the work to be
performed.
The City of Santa Ana will have full responsibility for the development and implementation of the
electric vehicle charging infrastructure project.
The City will contract for outside services from a qualified firm for preliminary engineering. A formal bid
package will be developed and forwarded to three highly qualified providers. The City will review the
bid responses and selected the most qualified vendor, taking budget into consideration. The vendor will
provide equipment, permitting, installation, technical assistance, service maintenance and start-up
training.
All aspects of the project will conform to all local planning, building, and fire department regulations
including the National Fire Protection Code (NFPA-58 & Title 8). The selected vendor(s) will be licensed
California contractors, EVSE providers, and well versed in the planning, construction, and the service
maintenance required for implementing and maintaining electric vehicle charging infrastructure.
A sequential list of tasks is detailed the Project Implementation Schedule on page 9 of this application.
55A-17
MSRG Clean Transportation FundingTM
2012 Local Government Match Program
PART C - PROJECT BUDGET
Electric Vehicle Charging Infrastructure
A. Please provide your Current Unallocated Subvention Fund Balance: $ 0 fall allocated)
B. Please provide the following Electric Vehicle Charging Infrastructure Project Cost by Category Information:
PROJECT COSTS BY FUNDING CATEGORY AMOUNT
1. AB 2766 SUBVENTION FUNDS APPLIED TO INFRASTRUCTURE
PROJECT FROM EXISTING UNALLOCATED BALANCE: $ 0
2. AB 2766 SUBVENTION FUNDS APPLIED TO EV INFRASTRUCTURE
PROJECT FROM NEXT YEAR ALLOCATION (FY 2012/2013): $ 0
3. OTHER FUNDS APPLIED TO EV INFRASTRUCTURE PROJECT
(NOT TO EXCEED $250,000): $ 50,000
4. TOTAL AB 2766 SUBVENTION FUNDS AND OTHER FUNDS APPLIED
TO EV INFRASTRUCTURE PROJECT (SUM OF LINES 1, 2, and 3): $ 50.000
5. AMOUNT OF MSRC MATCH FUNDING REQUESTED (MAXIMUM
AMOUNT IS EQUAL TO LINE 4 (DOLLAR FOR DOLLAR MATCH OF
LINE 4 NOTTO EXCEED $500,000): $ 50,000
6. ADDITIONAL PROJECT CO-FUNDING FROM OTHER SOURCES: $ 0
7. TOTAL PROJECT COST: $ 100.000
7
55A-18
MSRC Clean Transportation Funding TM
2012 Local Government Match Program
PART C - PROJECT BUDGET CONTINUED
Electric Vehicle Charging Infrastructure
A. As applicable, please list all EV infrastructure costs by Cost Element. Please provide as much detail as practicable
when specifying project costs. For example, please provide labor categories, hourly rates, number of hours, etc.
when defining labor costs.
CAPITAL EQUIPMENT COSTS (ELECTRIC VEHICLE CHARGR HARDWARE, SITE MODIFICATIONS, ETC.):
1. 4 Duel Mount Pedestals with 2 charging units each
2. 1 Wall Mount with 1 charging unit
3. Site Improvements
4. Signage
TOTAL CAPITAL EQUIPMENT COSTS:
DIRECT LABOR COSTS:
1. 40 LABOR HOURS x 120 $/HOUR =
2. 20 LABOR HOURS x 60 $/HOUR =
3. LABOR HOURS x $/HOUR =
4. LABOR HOURS x $/HOUR =
TOTAL DIRECT LABOR COSTS:
OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS:
1. Preliminarv Enaineerina and Proiect Desien
2. Construction Oversight: Site Improvements
3. Installation
4. Fees and Permits _
5. Construction Equipment Rental
6. Contingency
TOTAL OTHER DIRECT COSTS:
TOTAL PROJECT COST:
x
$ 40,000
$
$ 25,000
$ 3,000
$ 76,000
$ 4,800
$ 1,200
$ 6,000
$ 8,000
$ 2,000
$ 6,000
$ 1,000
$ 600
$ 400
$ 18,000
$ 100.000
55A-19
MSRC Clean Transportation Funding"
2012 Local Government Match Program
PART D - PROJECT IMPLEMENTATION SCHEDULE
Electric Vehicle Charging Infrastructure
Please provide, either in the space outlined below or separate attached sheet, a Milestone Schedule for your proposed
Match Program project. The schedule should include anticipated start and completion dates for each task, activity, or
milestone identified in PART B, "Project Description/Statement of Work".
The format requirements for the Project Implementation Schedule are flexible. A template is provided below:
Implementation Schedule: Electric Vehicle Charging Infrastructure
PROJECT MILESTONE START DATE
1. Receive Executed Contract from AQMD ATP
2. Award Consultant Contract for Preliminary Engineering ATP + 1
and Project Design
3. Complete RFP and Solicit Bids ATP + 3
4. Select Contractor(s) and Award Contract(s) ATP + 6
5. Order Major Long Lead Time Equipment ATP + 9
6. Submit Drawings/Specs for Permits ATP + 9
7. Obtain Permits for Site Improvements ATP + 10
8. Start Construction ATP + 13
9. Complete Installation ATP + 13
10. Conduct Training ATP + 15
11. Implement Media and Community Outreach ATP + 15
12. Complete Reporting ATP + 16
9
COMPLETION DATE
ATP
ATP+3
ATP + 6
ATP+8
ATP + 10
ATP+10
ATP+12
ATP+14
ATP + 14
ATP + 15
ATP + 16
ATP + 18
55A-20
Attachment 3
2011 AQM D-MSRC Grant Award
1. ML 11029
2. ML 11040
55A-21
Clean Transportation
-? Funding from the MSRC
Mobile Source Air Pollution Reduction Review CortrNttee
Mr. Rick Longobart
City of Santa Ana
215 South Center Street
Santa Ana, CA 92703
Dear Mr. Longobart:
21865 Copley Drive
Diamond Bar
CA 91765
909.396.3269
fax 909.396.3682
November 15, 2011
Please find attached two original copies of Contract Number ML11029 for signatures. This
contract is to Install LPG and Upgrade CNG Stations. Please return both copies to me at:
Rachel Valenzuela
South Coast AQMD/MSRC
21865 Copley Drive
Diamond Bar, CA 91765
In addition, please provide documentation designating appropriate signatory authority on
behalf of the agency, corporation, partnership, LLC, etc., and attest that said signature is
empowered to contract on behalf of contractor in both an operational and financial capacity
and to legally bind contractor.
Please sign the signature page provided in the contract. If your agency's policy compels
you to use a separate signature page, make sure to include the MSRC/AQMD contract
number on the additional page.
Once the contract has been executed, I will return to you a copy for your files. If you have
any questions, please don't hesitate to call me at (909) 396-3101.
Sincerely,
Attachments
Rachel B. Valenzuela
MSRC Contracts Administration
rachelCc#cleantransoortationfunding.org
MEMBER ORGANIZATIONS: California Air Resources Board - Los Angeles County Metropolitan Transportation Authority - Orange County
Transportation Authority - Riverside County Transportation Commission - San Bernardino Associated Governments - South Coast Air Quality
Management District - Southern California Association of Governments - Regional Ridesharing Agency
55A-22
South Coast Ciean Transportation Contract No. ML11029
Air Quality Management District u^,d'a9,from .'ha MSRC
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 Plaza,
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 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 April 1, 2011.
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.
55A-23
Contract No. ML11029
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.
TERM - The term of this Contract is Ninety (90) 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.
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 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.
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.
2
55A-24
Contract No. ML11029
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.
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 Two Hundred Sixty Two Thousand Five Hundred
Dollars ($262,500) 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
fist 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.
55A-25
Contract No. ML11029
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:
A. CONTRACTOR commits to ensuring fast-fill refueling 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
Termination Occurs Percentage of MSRC Funds to be
Reimbursed
Within Year 1 100%
Between Years 1-2 80%
Between Years 2-3 60%
Between Years 3-4 40%
Between Years 4-5 20%
After Year 5 0%
55A-26
Contract No. ML11029
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 Santa Ana
215 South Center Street
Santa Ana, CA 92703
Attn: Rick Longobart
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.
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, of se q.), 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. 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
55A-27
Contract No. ML11029
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.
19. 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 and to ensure that the provisions of this clause are included in all subcontracts.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
27. 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.
55A-28
Contract No, ML11029
28. 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.
29. 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.
30. 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.
31. 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.
32. 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]
55A-29
Contract No. ML11029
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:_
Dr. William A. Burke, Chairman, Governing Board Name:
Title:
Date: Date:
ATTEST:
Saundra McDaniel, Clerk of the Board
By:
APPROVED AS TO FORM:
Kurt R. Wiese, General Counsel
By:
11MSRC06Loca1GovtMatch
Updated 22 October 2008
55A-30
Attachment 1
Statement of Work
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
Project Description
At their corporate yard located at 215 South Center Street, Santa Ana, California,
92703, CONTRACTOR shall install a new liquefied petroleum gas (LPG) station,
expand their existing compressed natural gas (CNG) station, and modify their vehicle
maintenance facility to accommodate gaseous-fueled vehicles, as specified in
Attachment 3, Supporting Documents, Alternative Fuel Infrastructure Specifications.
Statement of Work
LPG Fuelinq Station
CONTRACTOR shall install an LPG fueling station as specified in Attachment 3.1.A.,
Alternative Fuel Infrastructure Specifications - LPG Station. CONTRACTOR shall be
reimbursed according to Attachment 2 - Payment Schedule.
CNG Fueling Station
CONTRACTOR shall modify their existing CNG fueling station as specified in
Attachment 3.1.B., Alternative Fuel Infrastructure Specifications - CNG Station.
CONTRACTOR shall be reimbursed according to Attachment 2 - Payment Schedule.
Maintenance Facility Modifications
CONTRACTOR shall- improve their vehicle maintenance facility as specified in
Attachment 3.1.C., Alternative Fuel Infrastructure Specifications - Maintenance Facility
Modifications. CONTRACTOR shall be reimbursed according to Attachment 2 -
Payment Schedule.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the MSRC's co-funding of the infrastructure improvements. 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.
9
55A-31
Attachment 1
Statement of Work - continued
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
Project Schedule (based on date of Contract execution)
Task Completion
Submit Public Outreach Plan Month 7
Enter contract(s) for LPG station
installation, CNG station upgrade, and
facility modifications Month 12
Complete installations and enter/return to
service Month 26
Implement Public Outreach Plan Month 28
Quarterly reports Months 4, 7, 10, 13, 16,
19, 21 and 24
Final Report Month 30
Hardware: Fueling station equipment; ventilation system upgrades, gas detection and
alarm system, electric heaters, explosion-proof lighting, and fire-rated doors.
Reports
Quarterly Reports: Until all subject facilities enter/return to 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 projects.
10
55A-32
Attachment 2
Payment Schedule
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
Cost Breakdown
Maximum
AB2766
Purchase Discretionary Other Funds Total Cost
Category Funds payable Applied
under this
Contract
Install LPG station $75,000 $75,000 $150,000
Expand CNG $120,000 $120,000 $240,000
station
Modify maintenance $67,500 $67,500 $135,000
facility
Totals $262,500 $262,500 $525,000
Reimbursement will be made:
• only after verification of new station, station upgrade, or facility upgrade
completion. At a minimum, acceptable verification shall consist of:
o Representative photos of completed work;
o a report signed by a responsible official certifying that the work has been
completed as described in Attachments 1 and 3; and
o invoice(s) from subcontractor(s) performing the installations, if any.
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 the actual amount of other funds applied.
11
55A-33
Attachment 3
Supporting Documentation
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
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. Alternative Fuel Infrastructure Specifications
2. Proof of Self-Insurance
12
55A-34
Attachment 3
Supporting Documentation
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
Alternative Fuel Infrastructure Specifications
All installations and upgrades shall be made at CONTRACTOR's corporate yard located
at 215 South Center Street, Santa Ana, California, 92703.
A. LPG Fueling Station
The new LPG fueling station to be installed pursuant to this contract is described
as follows:
i. At least one dispenser with two (2) hoses
ii. Storage capacity of at least 2,000 gallons
iii. Card reader accepting major credit cards for payment
iv. Station shall be publicly accessible 24 hours per day
B. CNG Fueling Station
The expanded CNG fueling station to be installed pursuant to this contract is
described as follows:
i. Modify existing fast-fill fueling island access to make publicly accessible
ii. Add card reader accepting major credit cards for payment
iii. Move existing seven time-fill posts, and add three more time-fill posts for a
total of ten
C. Maintenance Facility Modifications
At a minimum, the following modifications shall be made at the existing vehicle
maintenance facility:
i. Install upgraded ventilation system;
ii. Install gas detection and alarm system;
iii. Install electric heating;
iv. Install electrical control panel which can shut off power to natural gas vehicle
repair area; and
v. Replace existing lighting with explosion proof lighting;
vi. Install fire-rated, self-closing doors; and
vii. Upgrade ceiling wiring and fittings.
13
55A-35
MAYOR
Miguel A. I'ulido
MAYOR PRO TEM
Claudia C. Alvarez
C04JNCIL Mi:MBERS
P. David Benavides
Carlos Dustamante
Michele Martinez
Vincent F. Slrmiento
sal Tinaiero
October 26, 2011
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA • P,O. BOX 1988
SANTA ANA, CALIFORNIA 92702
South Coast Air Quality Management District
Mobile Source Air Pollution Reduction Review Committee (MSRC)
21865 Copley Drive
Diamond Bar, CA 91765
To whom it may concern:
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Maria D. Huizar
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 $1M 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 (CSAC-EIA) above $750K. The City funds claim
payments under $750K.
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,
Edward S. Raya
Assistant Personnel Director
cc: William Navaja
14
55A-36
City of Santa Ana
Certificate of Self-Insurance
City of Santa Ana, Risk 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:
Type of Coverage Self-Insurance Limit
General Liability: Bodily Injury and Property Damage $1,000,000
Terms, Conditions and Special Items:
The provisions under General Liability, above, shall apply only with respect to claims arising out
of the negligent acts or omissions of the City of Santa Ana, its officers, agents and employees or
any other person under its direction and control.
Cancellation:
Should any of the above described self-insured coverages be modified or cancelled before the
expiration date shown below, the City of Santa Ana will provide 30 days written notice to the
named certificate holder.
Certificate Holder
South Coast Air Quality Management District
Mobile Source Air Pollution Reduction Review
Committee (MSRC)
21865 Copley Drive
Diamond Bar, CA 91765
Certificate Effective Date: 07/01/2011
Certificate Expiration Date: 07/01/2012
istant Personne irector
(714) 647-5470
Date Certificate Issued: 10/26/2011
15
55A-37
}
2106, Copley Drive
Diamond Bar
CA 91765
Clean Transportation ? 909.396.3269
Funding from the MSRC fax 909.396.3682
Mobile Source Air Pollution Reduction Review Committee
January 12, 2012
Mr. Rick Longobart
City of Santa Ana
215 South Center Street
Santa Ana, CA 92703
Dear Mr. Longobart:
Please find attached two original copies of Contract Number ML11041 for signatures. This
contract is for the Purchase of 7 LPG Heavy-Duty Vehicles and Retrofit 6 Heavy-Duty
Diesel Vehicles. Please return boo copies to me at:
Rachel Valenzuela
South Coast AQMD/MSRC
21865 Copley Drive
Diamond Bar, CA 91765
In addition, please provide documentation designating appropriate signatory authority on
behalf of the agency, corporation, partnership, LLC, etc., and attest that said signature is
empowered to contract on behalf of contractor in both an operational and financial capacity
and to legally bind contractor.
Please sign the signature page provided in the contract. If your agency's policy compels
you to use a separate signature page, make sure to include the MSRC/AQMD contract
number on the additional page.
Once the contract has been executed, I will return to you a copy for your files. If you have
any questions, please don't hesitate to call me at (909) 396-3101.
Sincerely,
Rachel B. Valenzuela
MSRC Contracts Administration
rachel(ftleantransportationfunding.org
Attachments
MEMBER ORGANIZATIONS: California Air Resources Board - Los Angeles County Metropolitan Transportation Authority - Orange County
Transportation Authority - Riverside County Transportation Commission - San Bernardino Associated Governments - South Coast Air Quality
Management District - Southern California Association of Governments - Regional Ridesharing Agency
55A-38
South Coast Contract No. ML11041
Clean Transportation
Air Quality Management District Funding from 1he MSRC
LOCAL GOVERNMENT MATCH PROGRAM CONTRACT
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 Plaza,
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 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 May 25, 2011.
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.
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.
55A-39
Contract No. ML11041
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.
TERM - The term of this Contract is for seventy four (74) 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 15. 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,
C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the
effective date of termination under Clause 7.13. 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.
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
55A-40
Contract No, ML11041
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.
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 Two Hundred Sixty Five Thousand Dollars
($265,000) 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.
55A-41
Contract No. ML11041
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
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
55A-42
Contract No. ML11041
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
Termination Occurs Percentage of MSRC Funds
to be Reimbursed
Within Year 1 100%
Between Years 1-2 80%
Between Years 2-3 60%
Between Years 3-4 40%
Between Years 4-5 20%
After Year 5 0%
B
C.
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.
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 14.6, 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
55A-43
Contract No. ML11041
CONTRACTOR: City of Santa Ana
215 South Center St.
Santa Ana, CA 92703
Attn: Rick Longobart
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.
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 sea.), 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. 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.
19. 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 and to ensure that the provisions of this clause are included in all subcontracts.
55A-44
Contract No. ML11041
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
27, 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.
28. 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.
29. 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.
55A-45
Contract No. ML11041
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.
30. 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.
31, 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]
55A-46
Coribi d No. ML11041
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:_
Or. William A. Burke, Chairman, Governing Board Name:
Title:
Date:
Date:
ATTEST:
Saundra McDaniel, Clerk of the Board
By:
APPROVED AS TO FORM:
Kurt R. Wiese, General Counsel
A
By: IrJ
11MSRC06Loca1GovlMetch
Updated 22 October 2008
55A-47
Attachment 1
Statement of Work
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11041
Project Description
CONTRACTOR will purchase seven (7) liquefied petroleum gas (LPG) heavy-duty,
vehicles as specified below. CONTRACTOR will also purchase and install verified after-
treatment devices on six of CONTRACTOR's heavy-duty diesel vehicles as specified
below.
Statement of Work
Vehicles
CONTRACTOR shall purchase seven (7) LPG heavy-duty vehicles, each with gross
vehicle weight rating greater than 14,000 pounds and equipped with a dedicated LPG
engine. 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.
Vehicles Life Expectancy
7 LPG Ford F-550 Trucks 10 ears each
Each engine 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/bhp-hr for particulate matter (PM).
CONTRACTOR shall be reimbursed for vehicles according to the costs stated in
Attachment 2 - Payment Schedule.
Retrofits
CONTRACTOR shall purchase, install and operate after-treatment devices on six (6) of
CONTRACTOR's heavy-duty diesel vehicles, each with gross vehicle weight rating
greater than 14,000 pounds. The specific vehicles to be retrofitted are as follows:
Vehicle Description Expected Life After Retrofit
1998 Ford F-450 Boom Truck 5 ears
2000 GMC C71-1042 Dump Truck 5 ears
1995 Ford CF7000 Water Truck 5 ears
1992 Ford CF7000 Water Truck 5 ears
1993 International 460OLP Cement Truck 5 ears
1992 GMC TC7H042 Clam Truck 5 ears
Each after-treatment device must be verified by the California Air Resources Board
(GARB) to CARB's Level 3 standard. Level 3 verification is for those technologies
achieving at least an 85% or greater reduction in particulate matter. Additionally,
CARB's verification is often limited to specific engine families and/or may include other
conditions. Each retrofitted vehicle must satisfy any and all conditions associated with
the specific after-treatment device's verification.
10
55A-48
Attachment 1
Statement of Work - continued -
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11041
CONTRACTOR shall be reimbursed for after-treatment devices according to the costs
stated in Attachment 2 - Payment Schedule.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the acquisition of the MSRC co-funded vehicles and after-treatment devices.
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)
Task Completion
Submit Public Outreach Plan Month 4
Order new vehicles Month 4
Order after-treatment devices Month 6
Installation of after-treatment devices Month 12
Place new vehicles into service Month 10
-Implement Public Outreach Plan Month 12
Quarter) reports Months 4 and 7
Final Report Month 14
Hardware: LPG heavy-duty vehicles and CARB-verified after-treatment devices as
listed above.
Reports
Quarterly Reports: Until new vehicles are entered into service and subject engines are
retrofitted, 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.
11
55A-49
Attachment 1
Statement of Work - continued
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11041
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.
12
55A-50
Attachment 2
Payment Schedule
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11041
Cost Breakdown
Maximum AB2766
Purchase Discretionary
Funds payable Other Funds Total Cost
Category under this Applied
Contract
Heavy Duty LPG $210,000 (not to
Vehicles exceed $30,000 per $210,000 $420,000
vehicle
Level 3 verified
after-treatment
$55
000 (not to
devices
(including tax, ,
exceed $10,750 per $55,000 $110,000
delivery and device)
installation
Totals $265,000 $265,000 $530,000
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.
CONTRACTOR shall be reimbursed up to the amounts stated above per after-treatment
device upon proof of installation, proof of device's Level 3 verification, and return of
vehicle to service.
If, at the completion of the project, CONTRACTOR's expenditures are less than the
Total Cost amount above, the 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 Other Funds Applied; and
• For retrofits, the amount reimbursed to CONTRACTOR shall not exceed the
actual amount of Other Funds Applied.
13
55A-51
Attachment 3
Supporting Documentation
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11041
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.
14
55A-52
MAYOR
Miguel A. PHlido
MAYOR PRO TEM
Claudia C. Alvarez
COUNCIL MEMBERS
P. David Benavides
Carlos Bustamante
Michele Martinez
Vincent F. Sarmiento
Sal Tinajero
October 26, 2011
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA • P.O. BOX 1988
SANTA ANA, CALIFORNIA 92702
South Coast Air Quality Management District
Mobile Source Air Pollution Reduction Review Committee (MSRC)
21865 Copley Drive
Diamond Bar, CA 91765
To whom it may concern:
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Maria 0. Huizar
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 $1M 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 (CSAC-EIA) above $750K. The City funds claim
payments under $750K.
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,
((
l
ward S. Raya
Assistant Personnel Director
cc: William Navaja
15
r5
55A-53 'y4
]
City of Santa Ana
Certificate of Self-insurance
City of Santa Ana, Risk 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:
` e of C ove
7 rage
i
elf-Inslirancellrnit . ;
General Liability: Bodily Injury and Property Damage $1,000,000
Terms, Conditions and Special Items:
The provisions under General Liability, above, shall apply only with respect to claims arising out
of the negligent acts or omissions of the City of Santa Ana, its officers, agents and employees or
any other person under its direction and control.
Cancellation:
Should any of the above described self-insured coverages be modified or cancelled before the
expiration date shown below, the City of Santa Ana will provide 30 days written notice to the
named certificate holder.
Certificate Holder
South Coast Air Quality Management District
Mobile Source Air Pollution Reduction Review
Committee (MSRC)
21865 Copley Drive
Diamond Bar, CA 91765
Certificate Effective Date: 07/01/2011
Certlficate Expiration Date: 07/01/2012
- "? 'i? Or??
istant Personn or
(714) 647-5470
Date Certificate Issued: 10/26/2011
16
55A-54