HomeMy WebLinkAbout7/18/2018 - AGREEMENTS ® South Coast Clean Contract No.ML18147
Air Quality Management District F ndingrtation
from the MSRC
AB 2766/MSRC LOCAL GOVERNMENT PARTNERSHIP PROGRAM CONTRACT
1. PARTIES
The parties to this contract("Contract") are the South Coast Air Quality Management District(referred to here
as "SCAQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the City of
Palm Springs(referred to here as"CONTRACTOR")whose address is 3200 East Tahquitz Canyon Way, Palm
Springs, California 92262.
2. RECITALS
A. SCAQMD 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). SCAQMD is authorized under State Health &Safety Code Section 44225 (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, SCAQMD'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 SCAQMD.
C. AB 2766 further mandates that thirty(30)percent of such vehicle registration fees be placed by SCAQMD
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
SCAQMD's Governing Board, SCAQMD authorized this Contract with CONTRACTOR for equipment or
services described in Attachment 1 - Stat`ffl0 6PW6*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 Partnership Program Proposal submitted July 31, 2018.
F. CONTRACTOR is authorized to do business in the State of Califomia and attests that it is in good tax
standing with the California Franchise Tax Board.
G. All parties to this Contract have had the opportunity to have this Contract reviewed by their attomey.
3. DMV FEES
CONTRACTOR acknowledges that SCAQMD cannot guarantee that the amount of fees to be collected under
AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that payment under this
Contract is contingent upon SCAQMD receiving sufficient funds from the DMV, and that SCAQMD assumes
no responsibility for the collection and remittance of motor vehicle registration fees.
4. AUDIT AND RECORDS RETENTION
A. 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 SCAQMD 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.
B. CONTRACTOR agrees to maintain records related to this Contract during the Contract term and continue
to retain these records for a period of two years beyond the Contract term, except that in no case shall
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Contract No.ML18147
CONTRACTOR be required to retain more than the most recent five years' records. SCAQMD shall
coordinate such audit through CONTRACTOR'S audit staff.
C. If an amount is found to be inappropriately expended, SCAQMD may withhold funding, or seek
reimbursement, from CONTRACTOR in the amount equal to the amount that was inappropriately
expended. Such withholding shall not be construed as SCAQMD's sole remedy and shall not relieve
CONTRACTOR of its obligation to perform under the terms of this Contract.
5. TERM
The term of this Contract is for sixty(60)months from the date of execution by both parties, unless terminated
earlier as provided for in the TERMINATION clause of this Contract,the EARLY TERMINATION clause,or the
term is extended by amendment of this Contract in writing. 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,subject to the provisions stated in the PRE-CONTRACT COSTS clause of this Contract.
6. SUCCESSORS-IN-INTEREST
This Contract, and the obligations arising under the Contract, shall be binding on and inure to the benefit of
CONTRACTOR and their executors, administrators, successors, and assigns.
7, REPORTING
CONTRACTOR shall submit reports to SCAQMD as outlined in Attachment 1 -Statement of Work. SCAQMD
reserves the right to review,comment,and request changes to any report produced as a result of this Contract.
8. 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 musterhis bfeach or provide written notification of its intention to
terminate this contract. Notification shall be-provided in the manner set forth in the NOTICES clause of
this Contract. The non-breaching party reserves all rights under law and equity to enforce this Contract
and recover damages.
B. SCAQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30)
days'written notice. Once such notice has_beens3iven,_CONTRACTOR shall,except as and.to the extent
or directed otherwise by SCAQMD,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
SCAQMD. Thereafter,CONTRACTOR shall perform only such services as may be necessary preserve
Pe y y ry to prese e
and protect any Work already in progress and to dispose of any property as requested by SCAQMD.
C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the effective
date of termination under section B of the TERMINATION clause of this Contract. Before expiration of the
thirty(30)days'written notice, CONTRACTOR shall promptly deliver to SCAQMD 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.
9. EARLY TERMINATION
This Contract may be terminated early due to the following circumstances: The infrastructure identified in
Attachment 1, Statement of Work, 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.
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10. STOP WORK
SCAQMD may,at any time,by written notice to CONTRACTOR, require CONTRACTOR to stop all or any part
of the Statement of Work tasks in this Contract. A stop work order may be issued for reasons including, but
not limited to, the project exceeding the budget, out of scope work, delay in project schedule, or
misrepresentations. Upon receipt of the stop work order,CONTRACTOR shall immediately take all necessary
steps to comply with the order. CONTRACTOR shall resume the work only upon receipt of written instructions
from SCAQMD cancelling the stop work order. CONTRACTOR agrees and understands that CONTRACTOR
will not be paid for performing work while the stop work order is in effect, unless SCAQMD agrees to do so in
its written cancellation of the stop work order.
11. 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 SCAQMD below. The certificate of self-insurance
shall be mailed to: SCAQMD, 21865 Copley Drive, Diamond Bar, CA 917654178, Attention: Cynthia
Ravenstein, MSRC Contracts Administrator.The SCAQMD Contract Number must be included on the face
of the certificate. If CONTRACTOR fails to maintain the required insurance coverage, SCAQMD 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. Workers 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.
12. INDEMNIFICATION
CONTRACTOR agrees to hold harmless, defend and indemnify SCAQMD, its officers, employees, agents,
representatives, and successors-in-interest against any and all loss, damage, costs, lawsuits, claims,
demands, causes of action,judgments, attomey's fees, or any other expenses arising from or related to any
third party claim against SCAQMD, its officers, employees, agents, representatives, or successors in interest
that arise or result in whole or in part, from any actual or alleged act or omission of CONTRACTOR, its
employees, subcontractors, agents or representatives in the performance of this Contract. This
Indemnification Clause shall survive the expiration or termination (for any reason) of the Contract and shall
remain in full force and effect.
13. DISCLAIMER OF WARRANTY
The purchase or lease of funded vehicles/equipment is the CONTRACTOR's decision. The SCAQMD does
not make any express or implied warranty of merchantability, fitness for a particular purpose or otherwise,
quality or usefulness of the technology or product. Without limiting the foregoing, the SCAQMD will not be
financially responsible, or otherwise liable,for the installation or performance of the vehicle/equipment.
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14. PAYMENT
A. SCAQMD shall reimburse CONTRACTOR up to a total amount of Sixty Thousand Dollars ($60,000) in
accordance with Attachment 2- Payment Schedule expressly incorporated herein by this reference and
made a part hereof of the Contract.
B. A withhold amount or percentage (if any) shall be identified in the Payment Schedule, and such amount
shall be withheld from each invoice. Upon satisfactory completion of project and final acceptance of work
and the final report, CONTRACTOR's invoice for the withheld amount shall be released. Proof of project
completion shall include a Final Report detailing the project goals and accomplishments, data collected
during project performance,if any,documentation of significant results,and emissions reduction input data
needed for calculation of emissions reductions.
C. 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 SCAQMD to CONTRACTOR within thirty
(30)days after approval by SCAQMD of an itemized invoice prepared and furnished by CONTRACTOR.
D. An invoice submitted to SCAQMD for payment must be prepared in duplicate,on company letterhead, and
list SCAQMD'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 Contracts Administrator
1. Charges for equipment, material, and;supply costs, travel expenses, subcontractors, and other
charges, as applicable, must be itemized by,CONTRACTOR. Reimbursement for equipment,
material, supplies, subcontractors, and other charges, as applicable, shall be made at actual cost.
Supporting documentation must be provided for all individual charges (with the exception of direct
labor charges provided by CONTKQTQRR).
2. SCAQMD shall pay CONTRACTOR forfravel-related expenses only if such travel is expressly set
forth in Attachment 2-Payment Schedule of this Contract or pre-authorized by SCAQMD in writing.
3. CONTRACTOR's failure to provide receipts shall be grounds for SCAQMD's non-reimbursement of
such charges. CONTRACTOR may reduce payments on invoices by those charges for which
receipts were not provided.
4. CONTRACTOR must submit final invoice no later than ninety (90)days after the termination date of
this Contract or invoice may not be paid.
15. 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. CONTRACTOR must also ensure that the
vehicles and/or equipment to be purchased, leased or installed in the performance of this Contract are in
compliance with all applicable federal,state,and local air quality rules and regulations, and that it will maintain
compliance for the full Contract term, CONTRACTOR shall ensure that the provisions of this clause are
included in all subcontracts.
16. MOBILE SOURCE EMISSION REDUCTION CREDITS(MSERCsI
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be
generated and/or sold.
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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 funding sources other than AB2766. These
MSERCs,which are issued by SCAQMD, 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.
SCAQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and refire the
AB 2766-MSERCs. CONTRACTOR would then receive the balance of the MSERCs not associated with
AB 2766 funding.
17. NOTICES
All notices that are required under this Contract shall be provided in the manner set forth herein, unless
specified otherwise. Notice to a party shall be delivered to the attention of the person listed below, or to such
other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent
by email, U.S. Mail, express, certified, retumreceipt requested, or a nationally recognized overnight courier
service. In the case of email communications valid notice shall be deemed to have been delivered upon
sending, provided the sender obtained an electronic con'fmation of delivery. Email communications shall be
deemed to have been received on the date of such transmission, provided such date was a business day
(Tuesday-Friday) and delivered prior to 5:30pm Pacific;Standard Time. Otherwise, receipt of email
communications shall be deemed to have,occured_aoatlie following business day. In the case of U.S. Mail
notice, notice shall be deemed to be received when delivered or five (5) business days after deposit in the U.
S. Mail. In the case of a nationally recognized overnight courier service, notice shall be deemed received when
delivered (written receipt of delivery).
SCAQMD:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contracts Administrator, email: cravensteineagmd.gov
CONTRACTOR:
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Harriet Baron,email: Harriet,Baron( PalmSorinasCA.gov
18. INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor. CONTRACTOR, its officers, employees, agents,
representatives,or subcontractors shall in no sense be considered employees or agents of SCAQMD,nor shall
CONTRACTOR, its officers,employees, agents, representatives,or subcontractors be entitled to or eligible to
participate in any benefits, privileges, or plans, given or extended by SCAQMD to its employees. SCAQMD
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Contract No.ML18147
will not supervise, direct, or have control over, or be responsible for, CONTRACTOR's or subcontractor's
means, methods, techniques, work sequences or procedures, or for the safety precautions and programs
incident thereto,or for any failure by them to comply with any local,state,or federal laws,or rules or regulations,
including state minimum wage laws and OSHA requirements.
19. SUBCONTRACTOR APPROVAL
If CONTRACTOR intends to subcontract all or a portion of the work under this Contract,then CONTRACTOR
must first obtain written approval from SCAQMD's Executive Officer or designee prior to subcontracting any
work. Such prior approval applies only to subcontractors not already included in Attachment 1, Statement of
Work. Any material changes to the subcontract(s) that affect the scope of work, deliverable schedule, and/or
payment1cost schedule shall also require the prior written approval of the Executive Officer or designee. No
subcontract charges will be reimbursed unless the required approvals have been obtained from SCAQMD.
20. OWNERSHIP
Title and full ownership rights to any equipment purchased under this Contract shall at all times remain with
CONTRACTOR.
21. NON-DISCRIMINATION
In the performance of this Contract, CONTRACTOR shall not unlawfully discriminate, harass or allow
harassment, against any employee or applicant for employment on the basis of race, religious creed, color,
national origin, ancestry, sex, sexual orientation, age, mental status, medical condition, physical or mental
disability, denial of family and medical care Leave; denial of pregnancy disability leave, or reasonable
accommodations. CONTRACTOR shall corrhply with the provisions of the California Fair Employment &
Housing Act(Government Code Section 12900 et seq,) 'the Federal Civil Rights Act of 1964(P.L.88-352)and
all amendments thereto, Executive Order No. 11246(30 Federal Register 12319), and all administrative rules
and regulations issued pursuant to said Acts and Order.
22. CITIZENSHIP AND ALIEN STATUS
A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and others,
and that its employees performing services hereunder meet the citizenship or alien status requirements
contained in federal and state statutes and regulations including,but not limited to,the Immigration Reform
and Control Act of 1986(P.L.99-603). CONTRACTOR shall obtain from all covered employees performing
services hereunder all verification and other documentation of employees' eligibility status required by
federal statutes and regulations as they currently exist and as they may be hereafter amended.
CONTRACTOR shall have a continuing obligation to verify and document the continuing employment
authorization and authorized alien status of employees performing services under this Contract to insure
continued compliance with all federal statutes and regulations. Notwithstanding the above,
CONTRACTOR, in the performance of this Contract,shall not discriminate against any person in violation
of 8 USC Section 1324b.
B. CONTRACTOR shall retain such documentation for all covered employees for the period described by
law. CONTRACTOR shall indemnify, defend, and hold harmless SCAQMD, its officers and employees
from employer sanctions and other liability which may be assessed against CONTRACTOR or SCAQMD,
or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility
for employment of persons performing services under this Contract.
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Contract No.MU8147
23. ASSIGNMENT AND TRANSFER OF EQUIPMENT
A. The rights and responsibilities granted hereby may not be assigned, sold, licensed, or otherwise
transferred by CONTRACTOR without the prior written consent of SCAQMD, and any attempt by
CONTRACTOR to do so shall be void upon inception.
B. CONTRACTOR agrees to obtain SCAQMD's written consent to any assignment,sale, license or transfer
of Equipment, if any, prior to completing the transaction. CONTRACTOR shall inform the proposed
assignee, buyer, licensee or transferee (collectively referred to here as "Buyer") of the terms of this
Contract. CONTRACTOR is responsible for establishing contact between SCAQMD and the Buyer and
shall assist SCAQMD in facilitating the transfer of this Contract's terms and conditions to the Buyer.
CONTRACTOR will not be relieved of the legal obligation to fulfill the terms and conditions of this
Contract until and unless the Buyer has assumed responsibility of this Contract's terms and
conditions through an executed contract with SCAQMD.
24. NON-EFFECT OF WAIVER
The failure of CONTRACTOR or SCAQMD 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.
25. TAX IMPLICATIONS FROM RECEIPT OF MSRC FUNDS
CONTRACTOR is advised to consult a tax attom ey regarding potential tax implications from receipt of MSRC
funds.
26. ATTORNEYS'FEES
In the event any action is filed in connection with the enforcement or interpretation of this Contract,each party
in said action shall pay its own attomeys'fees and costs.
27. FORCE MAJEURE
A party shall not 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 parry's reasonable control
28. 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.
29. 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.
30. DUPLICATE EXECUTION
This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original.
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Contract No. MU8147
31. GOVERNING LAW
This Contract shall be construed and interpreted and the legal relations created thereby shall be determined
in accordance with the laws of the State of California. Venue for resolution of any disputes under this Contract
shall be Los Angeles County, California.
32. PRE-CONTRACT 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 this Contract is not executed, neither the
MSRC nor the SCAQMD shall be liable for any amounts expended in anticipation of a fully executed Contract.
If this Contract is fully executed, pre-contract cost expenditures authorized by the Contract will be reimbursed
in accordance with the Payment Schedule and payment provision of the Contract.
33. CHANGE TERMS
Changes to any part of this Contract must be requested in writing by CONTRACTOR and approved by MSRC
in accordance with MSRC policies and procedures. CONTRACTOR must make requests a minimum of 90
days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed
by the authorized representatives of the parties. Fueling station location changes shall not be approved under
any circumstances.
34. PREVAILING WAGES
CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq.,
and the compliance monitoring and enforcement:of such requirements by the Department of Industrial
Relations ("DIR"). CONTRACTOR and all ofCONTRACTOR's subcontractors must comply with the Califomia
Public Works Contractor Registration Program and, where applicable, must be registered with the DIR to
participate in public works projects. 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 Relationsttte 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. Proof of compliance with these
requirements must be provided to SCAQMD upon request. 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.
35. ENTIRE CONTRACT
This Contract represents the entire agreement between CONTRACTOR and SCAQMD. 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 authorized representative of the party against whom enforcement of such waiver, alteration, or
modification is sought.
36. 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.
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Attachment 1
Statement of Work
City of Palm Springs
Contract Number ML18147
1. Project
The City of Palm Springs (hereinafter referred to as "CONTRACTOR") is to install a total of
eighteen "Level II"type EV charging stations within the City of Palm Springs. These stations shall
be accessible to the public 24 hours per day, 7 days per week. Installations must include signage
with information on whom to contact in the event that users encounter malfunctions. All stations
shall meet current Society of Automotive Engineers 11772 standards. Proposed locations are
shown in the table below:
City Hall, 3200 E.Tahquitz Canyon Way
Demuth Park Community Center, 3601 Mesquite Avenue
Downtown Parking Garage, southeast corner of N.
Museum Drive and N. Belardo Road
Downtown Parking Lot, northeast corner of S. Belardo
Road and W. Arenas Road
These locations are understood to be tentative; CONTRACTOR shall notify MSRC staff of any
location changes. CONTRACTOR shall be reimbursed according to Attachment 2 — Payment
Schedule.
2._ Operation Requirements and Reimbursement for Noncompliance: Level II EV Charging
Stations
CONTRACTOR is obligated to comply with the Operational Availability requirements set forth as
follows:
A. CONTRACTOR commits to ensuring Level II charging stations remain operational in the
original location for a period of no less than three (3) years from the date the station
begins operations in either its initial or expanded capacity. Should CONTRACTOR desire
to deviate from this obligation, for reasons other than those stated in the EARLY
TERMINATION clause of this Contract, CONTRACTOR shall reimburse SCAQMD for a
prorated share of the funds provided for fueling/charging facilities as indicated in the
table below:
1
Within Year 1 100%
Between Years 1-2 66%
Between Years 2-3 33%
After Year 3 0%
B. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days
from the date the station ceases operation.CONTRACTOR shall not be responsible for any
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Attachment i
Statement of Work
City of Palm Springs
Contract Number ML18147
reimbursement to SCAQMD if the obligation is terminated as a result of one or more
reasons set forth in the EARLY TERMINATION clause of this Contract.
3. Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the MSRC's
co-funding of the EV charging stations. 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 SCAQMD staff, unless SCAQMD
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.
4. Reports _
Quarterly Reports: Until the EV charging stations commence operation, 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 the
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 SCAQMD staff. The Final Report shall include, at a minimum: a) an executive
summary; and b) a detailed discussion of the results and conclusions about this project.
CONTRACTOR will identify any barriers encountered and solutions developed to overcome the
barriers, and the impact of the project on future electric vehicle projects.
S. Proiect Schedule
CONTRACTOR shall comply with the increments of progress identified in the following chart.
The completion month for each task is based on the date of Contract execution.
Task Completion
Submit Public Outreach Plan Month 4
Complete station installations and enter into Month 21
service
Implement Public Outreach Plan Month 23
Quarterly reports Quarterly beginning
with Month 4 until all
stations in service
Final Report Month 24
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RESOLUTION NO. 24470
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
ACCEPTANCE OF MOBILE SOURCE AIR POLLUTION
REDUCTION REVIEW COMMITTEE LOCAL
GOVERNMENT PARTNERSHIP PROGRAM FUNDS AND
THE ALLOCATION OF LOCAL FUNDS FOR THE
PURCHASE AND INSTALLATION OF ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE.
WHEREAS,the Mobile Source Air Pollution Reduction Review Committee(MSRC)
has created a new Local Government Partnership Program to emphasize an accelerated
transition to zero and near-zero emissions vehicles along with essential supporting
infrastructure for jurisdictions within the South Coast Air Quality Management District
(SCAQMD), (hereafter the "Program"); and
WHEREAS, the Program sets aside a pro-rata share of MSRC funding for each
city and county within the South Coast AQMD that participate in the AB 2766 Motor
Vehicle Registration Fee Program, directly supports implementation of the South Coast
District's 2016 Air Quality Management Plan, educates local government leadership on
the District's air quality challenges, and leverages other sources of available funding; and
WHEREAS, the population-based share of Program funding for the City of Palm
Springs is$60,630; and
WHEREAS, this Program funding is available for purchase of electric vehicle
charging infrastructure installation; and
WHEREAS, this Program funding will contribute seventy-five percent (75%) of the
cost of publicly accessible electric vehicle charging infrastructure installation costs; and
WHEREAS, the City of Palm Springs desires to further expand the use of electric
vehicle throughout the City through the purchase and installation of additional publicly
accessible Electric Vehicle Charging Stations and related infrastructure; and
WHEREAS, the City intends to submit an application to MSRC to receive grant
funding under the Program in the amount of $60,630 to obtain funding for the purchase
and installation of additional publicly accessible Electric Vehicle Charging Stations and
related infrastructure, (hereafter called the"Project"); and
WHEREAS, the City is familiar with the terms and condition of the Grant
Partnership Program which are set forth in MSRC's Program Opportunity Notice and
Invitation to Negotiate, PON2016-01 dated September 1, 2017; and
Resolution No.24470
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City authorizes the proposed Project,the allocation of necessary
matching funds and acknowledges its City Council members viewed the MSRC-supplied
PowerPoint presentation.
SECTION 3. The City Manager, Assistant City Manager, or designee, is hereby
authorized and empowered to execute in the name of the City of Palm Springs all grant
documents, including but not limited to, applications, agreements, amendments and
requests for payment, necessary to secure grant funds and implement the approved grant
project.
ADOPTED THIS 18TH DAY OF JULY, 2018.
David H. Ready, Esq., PtyD.
City Manager
ATTEST:
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Resolution No. 24470
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24470 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 18, 2018 by the following
vote:
AYES: Councilmembers Hoistege, Kors, Middleton, Mayor Pro Tem Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this s% day of -75�jII
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City Cle ymc
ACTION UPDATE CITY COUNCIL MEETING 07/18/2018
J. APPROVAL OF A LONG TERM LEASE WITH DTPS C-15, LLC, FOR PUBLIC
RESTROOMS LOCATED WITHIN THE COMMERCIAL BUILDING ON BLOCK
C OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN:
The City Council requested that a status update be agendized in six-months to
one-year related to the use of security.
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY MAYOR MOON,
CARRIED 5-0, to:
1. Approve a Public Restroom Lease with DTPS C-15, LLC, a California limited
liability company, for public restrooms located within the commercial building
located on Block C of the Downtown Palm Springs Specific Plan, at an annual
lease rate of $1, for a term of 5 years, with ten additional 5-year optional
extensions at the City's sole discretion, and subject to other terms and
conditions as noted within the lease agreement, as amended to include the
current non-discrimination clause. A7169.
2. Authorize the City Attorney to modify the Public Restroom Lease in final form
consistent with the general terms and conditions approved by the City Council.
3. Authorize the City Manager or designee to take all actions needed to execute
these actions.
K. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF PALM SPRINGS
TO SUBMIT AN APPLICATION FOR AND ACCEPT CLEAN
TRANSPORTATION FUNDING FROM THE MOBILE SOURCE AIR POLLUTION
REDUCTION REVIEW COMMITTEE'S 2017 LOCAL GOVERNMENT
PARTNERSHIP PROGRAM:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM
ROBERTS, CARRIED 5-0, to adopt Resolution No. 24470 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF MOBILE SOURCE AIR
POLLUTION REDUCTION REVIEW COMMITTEE LOCAL GOVERNMENT
PARTNERSHIP PROGRAM FUNDS AND THE ALLOCATION OF LOCAL FUNDS
FOR THE PURCHASE AND INSTALLATION OF ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE."
L. PALM SPRINGS INNOVATION HUB AND ACCELERATOR CAMPUS
QUARTERLY REPORT FOR APRIL 1, 2018 TO JUNE 30, 2018:
MOTION BY MAYOR PRO TEM ROBERTS, SECOND BY COUNCILMEMBER
KORS, CARRIED 5-0, to receive and file the quarterly report from the Coachella
Valley Economic Partnership for the Palm Springs Innovation Hub for the period
of April 1, 2018, to June 30, 2018.
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES