HomeMy WebLinkAboutA6828 - SOUTH COAST AIR QUALITY MGMT. DIST. - AB2766 MSRC LOCAL GOV MATCH BIKE LANE MAirSouth Coast � Contract No. ML16038
Quality Management District CianTransportation
Funding from the MSRC
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AB 2766IMSRC LOCAL GOVERNMENT MATCH PROGRAM CONTRACT
1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter
referred to as "SCAQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and
the City of Palm Springs (hereinafter referred to as "CONTRACTOR") whose address is 3200 East Tahquitz
Way, Palm Springs, California 92264.
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 - 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/Proposal dated June 1, 2015.
F. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax
standing with the California Franchise Tax Board.
G. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney.
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 CONTRACTOR be required to retain more than the most recent five years' records.
SCAQMD shall coordinate such audit through CONTRACTOR'S audit staff.
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Contract No.ML16038
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 seventy six (76) months from the date of execution by both parties,
unless terminated earlier as provided for in the TERMINATION clause of this Contract, 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.
S. 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 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 been given, 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 to preserve 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. 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
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Contract No.ML16038
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.
10. 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 91765-
4178, 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. 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,
11. 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, attorney'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.
12. 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.
13. PAYMENT
A. SCAQMD shall reimburse CONTRACTOR up to a total amount of Two Hundred Thirty Thousand Dollars
($230,000) 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
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Contract No. ML16038
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 CONTRACTOR).
2. SCAQMD shall pay CONTRACTOR for travel-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.
14. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and
des and regulations and orders of public authorities in the performance of this
local laws, ordinances, co g p
Contract. CONTRACTOR must also ensure that the vehicles and/or equipment to be purchased, leased or
installed is 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.
15. 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 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
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Contract No.ML16038
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 retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the
MSERCs not associated with AB 2766 funding.
16. 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, return receipt 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 confirmation 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 occurred on the 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: cravensteint7a aclmd.gov
CONTRACTOR:
City of Palm Springs
3200 E. Tahquitz Way
Palm Springs, CA 92264
Attn: Marcus Fuller, email: Marcus.Fullerna palmspringsca.gov
17. 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 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.
18. 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. Any material changes to the subcontract(s) that affect the scope
of work, deliverable schedule, and/or payment/cost schedule shall also require the prior written approval of
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Contract No.ML16038
the SCAQMD Executive Officer or designee. No subcontract charges will be reimbursed unless the required
approvals have been obtained from SCAQMD.
19. OWNERSHIP - Title and full ownership rights to any equipment purchased under this Contract shall at all
times remain with CONTRACTOR.
20. SECURITY INTEREST - CONTRACTOR hereby grants SCAQMD a security interest in any and all
equipment purchased, in whole or in part, with funding provided by SCAQMD pursuant to this Contract.
CONTRACTOR acknowledges and agrees that SCAQMD shall have all lien rights as a secured creditor on
any and all equipment purchased in whole or in part by the CONTRACTOR, under this Contract or any
amendments thereto. The SCAQMD 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 SCAQMD is authorized to file a UCC filing statement or similar
security instrument to secure its interests in the equipment that is the subject of the Contract. In the
event CONTRACTOR files for bankruptcy protection, CONTRACTOR shall notify SCAQMD within 10
business days of such filing.
21, NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color,
national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California
Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of
1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319),
and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall
likewise require each subcontractor to comply with this clause and shall include in each such subcontract
language similar to this clause.
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.
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.
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Contract No. ML16038
B. CONTRACTOR agrees to obtain SCAQMD's written consent to any assignment, sale, license or transfer
of Equipment, if any, 2E[gr 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
attorney 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 attorneys'fees and costs.
27, FORCE MAJEURE - Neither SCAQMD 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
SCAQMD or CONTRACTOR.
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.
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 a formal
Contract is not executed, neither the MSRC nor the SCAQMD shall be liable for any amounts expended in
anticipation of a formal Contract. If a formal Contract does result, pre-contract cost expenditures authorized
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Contract No. ML16038
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 of CONTRACTOR's subcontractors must
comply with the California Public Works Contractor Registration Program and 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 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. 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.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
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Contract No.ML16038
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 PALM SPRINGS
By: B .
Dr. William A. Burke, Chairman, Governing Board Name: vta
rP Title: Mpuy\A
Date: Date: bl.- b
APPROVED BY CITY COUNCIL
ATTEST: MISSaundra McDaniel, Clerk of the Board
APP 0 AS TO FORM
By:
I ATTORNEY
n /
APPROVED AS TO FORM: DATE !/
Kurt R.Wiese,General Counsel
By: ATTEST:
//MSRC Master Boilerplate ?,Iylerk
Revised December 16,2014
9
Contract No.ML16038
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 PALM SPRINGS
I
By I�1 v- �Zi� t��f By, `
Dr.William A. Burk , Ch irman,Governing Board Name: -r>,xvila kick
Title: As
Date: Date: 1�11•1• Vb
APPROVED BY CITY COUNCIL
ATTEST: \\•\b
Saundra McDaniel, Clerk of the Board
APZRj6 AS TO F M
By: 9,U
ATNATTORNEY
APPROVED AS TO FORM: DATE A, -2-
Kurt R.Wiese, General Counsel
ATT[ST:
By:
CICfK
11MSRC Master Boilerplate �iiy'
Revised December 16,2014
9
Attachment 1
Statement of Work
City of Palm Springs
Contract Number ML16038
1. Project Elements
A. Purchase CNG-fueled Vehicles: The City of Palm Springs (hereinafter referred to as
"CONTRACTOR") is to purchase four heavy-duty compressed natural gas (CNG) on-road
vehicles, each equipped with a dedicated CNG engine as specified below. Each heavy-
duty vehicle must have a GVWR greater than 14,000 pounds. Each heavy-duty engine
must be certified by the California Air Resources Board 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).
Vehicles Life Expectancy
(1) Passenger van 10 years
(1) Flatbed truck 15 years
(1) Dump truck 15 years
(1) Utility truck 10 years
B. Install Class II Bicycle Lanes: CONTRACTOR is also to install Class II bicycle lane (striped
lane for one-way bicycle travel adjacent to auto travel lanes) improvements along
approximately 4,000linear feet of roadway. Lanes are to be constructed on both sides of
the following roadway locations within the City of Palm Springs:
L Barona Road from E. Palm Canyon Drive to E. Morongo Trail;
ii. E. Morongo Trail from Barona Road to S. Araby Drive;
iii. Calle El Segundo from Saturnino Road to E. Ramon Road;
iv. Mesquite Avenue from Vella Road to Gene Autry Trail; and
v. S. Palm Canyon Drive from Murray Canyon Drive to Acanto Drive.
C. Install Shared Lane Markings: CONTRACTOR is also to install shared lane markings
(sharrows)which indicate to cyclists the proper position to ride within the travel lane and
alert motorists that the travel lane is to be shared with bicyclists along approximately
37,000 linear feet of roadway. Sharrow stencils are to be applied at least once every 250
feet on both sides of the following roadway locations within the City of Palm Springs:
i. Mesquite Avenue from El Cielo Road to Vella Road;
ii. N. Palm Canyon Drive from Alejo Road to Ramon Road;
iii. N. Cerritos Road from E. Joyce Drive to Amado Road;
iv. E. Joyce Drive from N. Sunrise Way to N. Farrell Drive;
V. N. Farrell Drive from E. Joyce Drive to E. Racquet Club Road;
vi. 34th Avenue from Crossley Road to Marguerite Street;
vii. E. Amado Road from N. Sunrise Way to N. Farrell Drive;
viii. S. Camino Real from S. Calle Palo Fierro to E. Palm Canyon Drive;
ix. S. Civic Drive from E. Tahquitz Canyon Way to E. Baristo Way;
X. Escoba Drive from El Cielo Road to E. Palm Canyon Drive;
xi. E. Francis Drive from N. Indian Canyon Drive to N. Farrell Drive;
t
Attachment 1
Statement of Work
City of Palm Springs
Contract Number ML16038
xii. N. Hermosa Drive from E. Tachevah Drive to E. Arenas Road;
xiii. E. Mesquite Avenue from S. Palm Canyon Drive to S. Calle Palo Fierro;
xiv. E. Paseo El Mirador from N. Via Miraleste to N. Sunrise Way;
xv. Sunny Dunes Road from El Cielo Road to S. Gene Autry Trail;
xvi. E. Tamarisk Road from N. Palm Canyon Drive to N. Farrell Drive; and
xvii. Twin Palms Drive from S. Palm Canyon Drive to S. La Verne Way.
CONTRACTOR shall be reimbursed according to Attachment 2- Payment Schedule.
2. Operation Requirements and Reimbursement for Noncompliance-Vehicles
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. CONTRACTOR is obligated to comply
with the geographical restriction requirements as follows:
A. Each of the vehicles funded under this Contract must accrue at least 85% of its annual
mileage or engine hours of operation within the geographical boundaries of the South
Coast Air Quality Management District for a period of no less than five (5)years from the
date the vehicle enters service (new vehicles) or returns to service (repowered vehicles).
Should CONTRACTOR deviate from or fail to comply with this obligation, CONTRACTOR
shall reimburse SCAQMD for a prorated share of the funds provided for the vehicle as
indicated in the table below:
5 year Operations Obligation Percentage of MSRC Funds
Termination Occurs to be Reimbursed
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. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days
from the date the vehicle ceases to operate in accordance with the geographical
restriction.
C. Should CONTRACTOR sell, lease,transfer, assign or otherwise divest itself of the vehicles
during the five year period referred to above, notice shall be provided to SCAQMD 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
SCAQMD 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
2
Attachment 1
Statement of Work
City of Palm Springs
Contract Number ML16038
be passed down to any subsequent purchaser, lessee or transferee during this five year
term and SCAQMD shall be an intended third-party beneficiary of any subsequent
agreement. Upon receiving notice of any subsequent sale, lease, transfer, assignment or
other divestiture, SCAQMD may elect to either require the reimbursement specified
above,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 SCAQMD's election of remedies shall be provided to CONTRACTOR
and any subsequent purchaser, lessee, transferee or assignee in a timely fashion.
3. Display of MSRC Logo
CONTRACTOR agrees to permanently display one MSRC decal in a prominent location on each
vehicle purchased pursuant to this Contract. Decals will be provided by SCAQMD upon
notification that each subject vehicle and/or station becomes operational. 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 equipment subject to this Contract.
Should any decal become damaged,faded, or otherwise unreadable, CONTRACTOR shall request
replacement decal from SCAQMD and apply new decal in the same or other prominent location.
SCAQMD shall not be responsible for damage to paint or other surfaces arising from application
or removal of decals.
4. Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the MSRC's
co-funding of the vehicles and bicycle lane 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 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.
5. Reports
Quarterly Reports: Until vehicles are entered into service and bicycle lane improvements are
complete, 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 SCAQMD staff. Report shall include, at a minimum: a) an executive summary; and
b) a detailed discussion of the results and conclusions of this project. CONTRACTOR will identify
3
Attachment 1
Statement of Work
City of Palm Springs
Contract Number ML16038
any barriers encountered and solutions developed to overcome the barriers, and impact of
project on future alternative fuel and bicycle transportation projects.
6. Project 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
Order vehicles Month 5
Select contractor to implement bicycle lane Month 6
improvements
Submit Public Outreach Plan Month 7
Enter vehicles into service Month 9
Complete bicycle lane improvements Month 13
Implement Public Outreach Plan Month 15
Quarterly reports Months 4, 7, and 10
Final Report Month 16
4
Attachment 2
Payment Schedule
City of Palm Springs
Contract Number ML16038
Cost Breakdown
Maximum CONTRACTOR
AB2766 AB2766 Other Additional
Project Discretionary Subvention Funds Project Co- Total Cost
Element Funds payable Funds Applied to Funding (not
under this Applied Match matched)
Contract
$120,000 (not
Purchase CNG- to exceed
fueled vehicles $30,000 per $100,000 $20,000 $35,000 $275,000
heavy-duty
vehicle)
Implement
Bicycle Lane $110,000 $0 $110,000 $0 $220,000
Improvements
Totals $230,000 $100,000 $130,000 $35,000 $495,000
No funds shall be paid to CONTRACTOR pursuant to this Contract for a project element, until the
project element as described in Attachment 1 is completed and proof of completion is provided
to SCAQMD. If the project element described in Attachment 1 is not completed and satisfactory
proof of completion is not provided to SCAQMD, no monies for that project element shall be due
and payable to CONTRACTOR. However, reimbursement may be made for vehicles even if bicycle
lane improvements are not yet complete, or vice versa. Proof of completion shall include:
Vehicles
o Proof of vehicle delivery, vehicle acceptance, and placement of vehicle into service
o Documentation of the specific engine installed in the vehicle, including the year,
manufacturer, and model
Bicycle Lane Improvements
o Representative photos;
o a report signed by a responsible official certifying that the bicycle lanes have been
completed as described in Attachment 1; and
o invoice(s) from subcontractor(s) performing the construction.
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, as follows:
• For vehicles,the amount reimbursed to CONTRACTOR shall not exceed the actual amount
of AB 2766 Subvention and other funds applied, up to a maximum of $10,000 per
medium-duty vehicle and $30,000 per heavy-duty vehicle; and
5
Attachment 2
Payment Schedule
City of Palm Springs
Contract Number ML16038
• For Bicycle Lane Improvements, the amount reimbursed to CONTRACTOR shall not
exceed the actual amount of AB 2766 Subvention and other funds applied.
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.
6
Celebrating
` 25years 21865 Copley Drive
Diamond Bar
CA 91765
Clean Transportation 909.396.3269
Funding from the MSRC
Mobile $OVrce Air Pollulion PedUCllon Review Commtltee
POLICY ON CONTRACT MODIFICATIONS
SCOPE CHANGES, EXTgNSIONS, AND COST REALLOCATIONS
1. Contract extensions or scope changes may be requested on AB 2766 Discretionary Fund
Contracts. Contractors should submit requests in writing, using the Modification Request
Form, to the Contract Administrator's office. Reasons for the request should be well
documented by the Contractor. The Contract Administrator will present the requests to both
the MSRC-TAC and the MSRC for the consideration and approval.
2. Contract extensions and scope changes must be submitted by 9:00 a.m. on the first Monday
of the month to be considered by the MSRC-TAC and MSRC for that month. Requests
received after the first Monday of the month will be considered at the following month's
MSRC-TAC and MSRC meetings. Late extension requests for contracts expiring prior to the
following months MSRC-TAC meeting, must include a discussion of the compelling reasons
for the untimely submission of the request. Such requests will be considered on a case-by-
case basis by the MSRC-TAC.
3. Extension requests and scope changes will be considered by the MSRC-TAC and MSRC on
a case-by-case basis. An option clause shall be included in all contracts that will allow
MSRC staff the ability to extent a contract an additional six months at no cost to the MSRC
or the contractor. All subsequent extensions will be brought to the MSRC for its
consideration.
If a contract extension or scope change is for the contractor's convenience, the MSRC
shall have the discretion to request a downward adjustment in the contract price, an
additional task, and additional report or seek other legal consideration as a condition of
granting the extension or scope change. Situations defined as convenience are problems or
delays caused by internal management or administration, for example, failure to submit
progress reports or final reports in a timely manner, failure to aggressively monitor the
project, and extensions merely to exhaust unexpected funds.
A delay due to problems with the delivery or manufacturing of equipment or vehicles and
circumstances beyond the control of the contractors will not be considered as changes
for the contractor's convenience. Documentation of delays will be required. The MSRC
shall have the discretion to seek legal consideration for extension or requests granted under
these circumstances.
4. Any contract changes made without prior approval of the MSRC will be at the contractor's
own risk. If the MSRC does not approve the change, the contractor will not be reimbursed
for any costs incurred as a result of the unapproved change.
5. The contractor is responsible for properly monitoring the project and should notify the
Contract Administrator immediately if the Contractor feels the project is in jeopardy of falling
behind schedule or problems arise.
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
6. Requests for extensions must be received in writing by the Contract Administrator 60 days
prior to the close of the contract. The approval process for contract extensions and scope
changes takes approximately six weeks. If a request is made within 60 days of end date of
the contract, the contract may expire prior to review and approval of the request. If this
situation occurs, the contractor must stop work until the time extension is approved. In the
event the extension is not approved, the contractor must consider the end date of the
contract term and may not bill for work done after this date.
Adopted May 25, 1995
Amended November 18, 1999
2
Celebrating
1&25years 21865 Copley Drive
Diamond Bar
CA 91765
Clean Transportation 909.396.3269
Funding from the MSRC
Mobile Source Air rollij ion Retlucflon Review Comrnlhse
Policy to Terminate Contracts Due to Lack of Progress
or Response by Contractors
The intent of this policy is to discourage Contractors from failing to provide documentation of
progress made on AB 2766 Discretionary Fund projects. It is the intent of the MSRC to ensure
that work is completed pursuant to the work statement set forth in the respective contracts. In
the event that progress is not made without adequate justification by the Contractor and
subsequent approval by the MSRC, the MSRC may recommend that the contract be terminated
and funds be reallocated to other projects.
MSRC contracts require all contractors to submit progress reports within 15 days of the end of
the reporting period (quarterly or monthly based upon the type of project). Under this policy,
failure to submit progress reports within the allotted time may be considered a material breach
and subject to termination. If the Contractor fails to submit progress reports as required by the
contract, the following shall occur:
If after seven (7) days past the progress report due date, the Contractor fails to submit progress
reports as required by the contract, Contract Staff will notify the Contractor in writing of the
delinquency and request that the progress report be submitted within seven (7) days of the
written notice.
For Monthly Reports: If the CONTRACTOR fails to submit a progress report for the second
consecutive month, the Contracts Administrator shall send a second written notice indicating
that two previous progress reports are due and that they must be submitted within 15 days. If
the CONTRACTOR fails to provide a report for a third consecutive month, the AQMD's
Contracts Manager shall provide written notice to the CONTRACTOR to cure the delinquency
within 15 days of the notice or be subject to termination within 30 days.
For Quarterly Reports: If the CONTRACTOR fails to submit a progress report, the Contracts
Administrator shall send a written notice indicating that the progress report is due and that it
must be submitted within 15 days. If the CONTRACTOR does not respond within the allotted
time, the AQMD's Contracts Manager shall provide written notice to the CONTRACTOR to cure
the delinquency within 15 days of the notice or be subject to termination within 30 days.
Also, if the CONTRACTOR has a history of non-consecutive (three or more occasions)
delinquent progress reports, this may be considered a material breach of the contract and be
grounds for immediate termination of the contract. For example, if progress reports are
submitted in such an inconsistent and sporadic fashion as to indicate a lack of compliance with
this contract provision (e.g., progress report submitted one month, skipping several months
thereafter).
In addition, if a contract is terminated as a result of this policy, the direct contractor involved will
not be eligible to apply for AB 2766 Discretionary Funds for two program years.
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
Adopted 3/23194
Amended 11/18/99
Attachment A
Quarterly (or monthly) Progress Report
For Reporting Period of
Contract No. AB 2766/XXXXX
(Contractor's Name)
Contract Period — March 15, 2001 through June 30, 2005
Task 1 Vehicle Procurement/Design and Engineering
A bus bid specification was prepared detailing vehicle design and performance
parameters, as well as technical quality assurance, and warranty requirements.
Percent Completed this Reporting Period: 0%
Percent Complete 100%
Task 2 Bid Process
An Invitation for Bid (IFB) package was issued to perspective bus manufacturers
of alternative fuel buses. (Contractor) reviewed and evaluated all Requests for
Approval Equals submitted by each bus manufacturer. Bid opening was May 30,
2001.
Percent Completed this Reporting Period: 0%
Percent Complete 100%
Task 3 Pre-Production Meetings
Pre-Production Meetings began in June of 2001, and were completed in August
of 2001. Construction of the prototype bus has begun.
Percent Completed this Reporting Period: 0%
Percent Complete 100%
Task 4 Prototype Bus Production
Contractor has in place an inspection team consisting of one Warranty and
Equipment Mechanic and one Supervisor as required by the production process.
The pre-production prototype bus was completed in October 2001.
Percent Completed this Reporting Period: 0%
Percent Complete 100%
Attachment A
Task 5 Bus Production
Contractor has in place an onsite manufacturing inspection team which monitors
production quality and conformance to bus specifications. Once the production
buses are completed and presented for acceptance, the inspection team will
approve documents to allow for purchase and payment of buses.
Percent Completed this Reporting Period: 25%
Percent Complete 25%
Task 6 Service Preparation
Contractor has established a bus acceptance team to prepare new buses for
service. Each new bus is safety checked, cleaned, and function tested prior to
being placed into revenue service.
Percent Completed this Reporting Period: 13%
Percent Complete 13%
Task 7 Vehicle Performance Evaluation
New buses are assigned to designated service operating divisions for
introduction into Contractors fleet. Performance of vehicles is monitored and
warranty provisions of the contract are administered. This process is on-going
throughout the life of the bus and has no completion date. The following
percentages indicate buses presently in revenue service. While a number of new
buses have been placed in service, any performance evaluation at this point
would be premature. The buses, however, have not exhibited any evidence of
major problems or concerns.
Percent Completed this Reporting Period: 2%
Percent Complete 2%
Issues During Current Reporting Period:
1. Engine performance issues related to stalling have been addressed by the manufacturer.
The result has been a new engine electronic control module (ECM) software release. In
addition, testing is underway on a prototype fuel pressure regulator.
2. Congestion at the fueling site was resolved by the addition and subsequent agreement
for use of a new fueling site adjacent to the central terminal.
2
Attachment A
Work Planned for Next Reporting Period:
1. Operational Evaluation of the in-service fleet will begin.
2. Contractor will continue to work with bus manufacturer and the engine manufacturer to
resolve any performance, reliability, or preventive maintenance issues that may arise.
3. Contractor will also continue to work with the bus manufacturer to resolve various issues
related to the in-service fleet.
4. Engineering staff will continue with the full-time inspection and acceptance process at the
production facility.
For additional information or questions, please contact:
3
Letter of Certification
This letter certifies that (PLEASE TYPE IN YOUR ORGANIZATION) has received the vehicles
that have been partially funded through the above-mentioned AB2766 Discretionary Fund
Contract and those vehicles have been tested and placed into regular service.
Signature Date
Please submit with all invoices for vehicle reimbursement
4
Celebrating
&25 years 21865 Copley Drive
Diamond Bar
CA 91765
Clean Transportation 909.396.3269
Funding from the MSRC
Mobile Source Air Pollution Reduction Review Comml+tee
PROJECT SUMMARY (FINAL REPORT) FORMAT
For Selected AB 2766 Discretionary Fund Contracts
For contracts from Fiscal Year (FY) 2004-05 and earlier Work Programs, the Final Report
must be submitted in both paper copy and electronic Microsoft Word formats. For
contracts from FY 2005-06 and later Work Programs, the Final Report only needs to be
submitted electronically. The first two numeric characters of the contract number indicate the
FY Work Program (e.g. contract#ML04999 would be from FY 2003-04).
The paper copy, if required, must be bound in a three (3) ring binder. Each page of the report must
be legible and suitable for photo production. All pages should be of standard size (8 Yz x 11).
Photo reduction is not acceptable for tables or figures; these should be presented on consecutive
8 '/ x 11 pages with each page containing one portion of the larger chart. Color presentations are
acceptable; printing should be in black. Do not include corporate identification on any page of the
Final Report, except on the title page.
The Project Summary Report should include the following:
Title Page — Include contract number, project title, contractor organization, and date,
and include the statement: "Prepared for the Mobile Source Air Pollution Review
Committee (MSRC) under the AB 2766 Discretionary Fund Work Program."
Acknowledgements — Only this section shall contain acknowledgements of key
personnel and organizations who were associated with the project. The last paragraph
shall be as follows: "This report was submitted in fulfillment of (contract
number) and (project title) by (contractor organization) under the (partial)
sponsorship of the Mobile Source Air Pollution Reduction Review Committee
(MSRC). Work was completed as of(date)".
Disclaimer—The following statement is to appear near the front of the report:
"The statement and conclusions in this report are those of the contractor and not
necessarily those of the Mobile Source Air Pollution Reduction Review
Committee (MSRC) or the South Coast Air Quality Management District
(SCAQMD). The mention of commercial products, their sources or their uses in
connection with material reported herein is not to be construed as either an
actual or implied endorsement of such products."
MEMBER ORGANIZATIONS: California Air Resources Board Los Angeles County Metropolitan Transportation Authority-Orange County
Transportation Authority- Riverside County Transportation Commi4sion San Bernardino Associated Governments South Coast Air Quality
Management District-Southern California Association of Governments Regional Ridesharing Agency
Summary and Conclusions
1. Scope, purpose and background of the project.
2. Detailed description and analysis of the work performed during the course of the
project that led to the conclusions. Where appropriate, include a discussion of cost
projections and economic analyses. A discussion must be included describing the
emissions benefits derived from this contract. This must include quantitative
benefits not simply a qualitative statement that benefits were achieved.
3. Use clear, concise statements to state recommended future actions and further
study that may be required.
4. To document completed project, a picture or pictures of vehicles and/or
infrastructure showing MSRC logo/decal must be included in the report. This section
shall also include copies of any media/outreach materials and/or news clippings
generated by the project.
Revised 7/2004
Revised 6116106
2
r
[PROJECT PARTNER LETTERHEAD]
[DATE]
Cynthia Ravenstein
Contracts Administrator
MSRC
21865 Copley Drive
Diamond Bar, CA 91765
Re: MSRC Contract No. [ # ]
Public Outreach Plan
Dear Ms. Ravenstein:
[PROJECT PARTNER] is pleased to submit our proposed Public Outreach Plan to satisfy
the project requirements for the above-referenced contract.
Proiect Status
[PROVIDE A BRIEF SUMMARY ABOUT THE STATUS OF THE PROJECT]
Public Outreach Plan Components
After reviewing the attached Categories of Ideas for Public Outreach for Local
Governments and evaluating possible outreach activities, [PROJECT PARTNER] will
implement the following public outreach activities:
[List activities that will be undertaken, with explanation ofplanned implementation,
including timing and potential MSRC involvement.]
[PROJECT PARTNER] will document our outreach activities and provide
documentation in the form of photographs, hard-copies of flyers/public notices/news
releases, etc., and other supporting information with our final project report.
[PROJECT PARNER SIGNATURE and CONTACT INFORMATION]
and to have photographs and other materials on-hand to showcase the project. Examples
of presentations could include:
• Presentation to your city council/board of supervisors
• Presentation at local community meetings (e.g., Rotary, Chamber of Commerce)
• A piece about your project featured on your local government public affairs news
channel
• A video or podcast posted on your city/county's website
:the
Straining a lo pat• • . • . yourself on ack?
Making sure that people in your community are aware of your efforts to provide a clean,
healthy environment is an important element of your clean transportation program. in fact, ,
promoting your work is so important that we've made it a new requirement of your Glean
Transportation Funding futon the MSR .
Telling residents and businesses about your investment in cleaning the air makes them feel
better about the place where they live and work. Public education inspires people to take
personal actions to improve the environment,*9 mieaLes support for publicly funded
Programs to-clean up communities.
Clean T tativn tl+ng from the MUC has ten ituves available to help you
promote your pmjftt. If you'd We assisimme with any of the following outreach efforts,
or wild to discuss other pal ideas,please contact us.
Press room and media Outreach
materials
NevAetterlweb site articles
Groundbreaking,ribbon cutting or other Proms launch celebrations
A&
our Clean Transportation
For support with
Y Funding from the MSRC
promotional efforts, contact Mobua Source Air Ponmi.n ReEucnon Review Cbmmtl,ee
MSRC's Outreach Coordinator, 21865 Copley Dr.
The Better World Group, at Diamond Bar
(818) 563-9111. c.3 9175
Phone: 909.396.2777
Fax: 909.396.3682
www.cleantransportationfunding.org
STANDARD PHOTO RELEASE FORM
I hereby authorize the MSRC and AQMD to photograph, copy, publish, broadcast or otherwise distribute
photographs or likenesses of my place of business, vehicles, advertisements, promotional materials or
other work whether or not these materials are copyrighted, for use in the public service MSRC brochure,
placement on the MSRC website for informational purposes, and/or use in other MSRC outreach media.
I hold the copyright or I am the owner of the rights to the materials specified herein and am authorized to
grant the rights to such publication, reprint, broadcast or other distribution of the materials specified
herein.
If copyrighted, I grant this license and authorization for no fee and will not require any copyright attribution
for the described use for a public service and informational purpose.
I do not intend to waive any other rights to the reprint or representation or distribution of these materials
and reserve said rights.
If I require copyright attribution, I will provide notice of such copyright to AQMD/MSRC at the time this
authorization is executed.
I am empowered by and on behalf of the entity herein to consent and authorize the above-specified.
Authorized Signature
Organization
Title
Date
1
ISSUE DATE (MMIDDM'YY)
CERTIFICATE OF INSURANCE 07/13/2022
PRODUCER RECR D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
ALLIANT INSURANCE SERVICES, INC. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
18100 Von Karman Ave 10th FI CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT
22 BETWEEN THE ISSUING INSURER(S), AUTHORIZED
Irvine, CA 92612 JUL 18 2
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
Ph (949 756-0271 / Fax (949) 756-2713
License �o. OC36861 Office of the City Clerk usuapn COMPANIES AFFORDING COVERAGE
ALLUUR NATIONAL MUNICIPAL LIABILITY PROGRAM (ANML)
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
21865 COPLEY DRIVE
DIAMOND BAR, CA 91765
COMPANY
LETTER
A GREAT AMERICAN INSURANCE COMPANY
COMPANY
LETTER
B
COMPANY
LETTER
C
COMPANY
LETTER
D
COMPANY
E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED
OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE ADDL SUER POLICY NUMBER
INSR WVD
POLICY EFFECTIVE
DATE MWDWYY
POLICY EXPIRATION
W DATE MDDFYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$2,000,000
X COIA.ERCL4LGENEAALL'ABUTY
NED. EXPENSE(AnympenDe)
WA
PERSONAL BADV. INJURY
$2,000,000
A
�ES X OCCUR
x I ANMLPROGRAM
182732M7
07/01/22
07/01/23
GENL AGGREGATE LIMIT APPLIES PER
GENERAL AGGREGATE
$2,000,000
PRODUCTSCOMPWAGG
SEE BELOW Y
X POLICY J LOC
AUTOMOBILE
LIABILITY
CONTAINED BANGLE LIMB
ANY AUTO
(Ea Accident)
ALL OWNED AUTOS
BODILY INJURY (Pm Person)
SCHEDULED AUTOS
BODILY INJURY (Per AcdOent)
HIRED AUTOS
PROPERTY DAMAGE
NON-OWNEDAUTOS
(Per Accident)
EXCESS LIABILITY
EACH OCCURRENCE
AGGREGATE
UMBRELLA FORM
SELF -INSURED RETENTION
MUNICIPAL LIABILITY
EMPLOYMENT PRACTICES
LIABILITY SIR
WORKERS COMPENSATION
ND EMPLOYERS LIABILITY
WCSTA UNITE
TORY UNIT
OTH-
E.L. EACH ACCIDENT
Y PROPRIETORYIPARTNEP XE-
FFICERJMEMBEREXOLUDED'
EL DISEASE EA EMPLOYEE
MANDATORY IN NHI IF YES. DESCRIBE
EL DISEASE --POLICY LIMT
R DESCRIPTION OF DPERATIONS BELOW
LESS WORKERS' COMPENSATION AND
MPLOYERS' LIABILITY
OTHER
A *ANNUAL AGGREGATE APPLIES TO EACH ENTITY FOR PRODUCTS/COMPLETED OPERATIONS.
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS
SELF INSURED RETENTION: $350,000
AS RESPECTS LICENSE AGREEMENT TO ENTER/USE PROPERTY LOCATED AT PALM SPRINGS FIRE STATION #2, 590 EAST RACQUET CLUB
ROAD, PALM SPRINGS, CA 92262 FOR THE PURPOSE OF INSTALLING AND OPERATING AN AIR MONITORING STATION.
THE CITY OF PALM SPRINGS IS INCLUDED AS AN ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENTS.
SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS.
CITY OF PALM SPRINGS
3200 EAST TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
WITH THE POLICY PROVISIONS.
-6_,. Z A
Policy Number: 1827328.07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED AND
PRIMARY/NON-CONTRIBUTORY
This endorsement modifies insurance provided under the following:
SPECIAL EXCESS LIABILITY POLICY FOR THE ALLIANT NATIONAL
MUNICIPAL LIABILITY PROGRAM (ANML)
1. The following is added to SECTION V. WHO IS AN INSURED, COVERED PERSONS OR
ENTITIES:
Any person(s), entity(ies), or Organization(s) to whom the Named Insured is obligated by virtue of
a written contract to provide insurance solely with respect to bodily injury and property damage
is an additional insured.
2. The Limits of Insurance afforded to such additional insured will be limited to the limits of insurance
required within the terms of the written contract or the limits of insurance of this policy, whichever
is less. We will not be obligated for limits of insurance shown in the written contract that are
greater than the limits of insurance of this policy.
However, Paragraphs 1 and 2 above do not apply to such additional insured unless the Named
Insured had a specific written contract from that person er ity(ies) or organization(s) that:
a. They be an additional insured on this policy; and
b. The Named Insured received such request prior to the date that the Named Insured's operations for that
person(s), entity(ies) or organization(s) commenced.
3. The following is added to Section VIII —CONDITIONS:
If any primary insurance is held by the additional, this insurance is primary to that other insurance, but
will apply in excess of the Named Insured's retained limit specified in the Declarations. We shall
not seek contribution from the other insurance held by additional insured for amounts payable
under this insurance.
This condition applies only with respect to liability for bodily injury and property damage arising
solely out of the negligent acts of the Named Insured.
However, Paragraph 3 above does not apply to AN ADDITIONAL INSURED unless the Named Insured
had a specific written contract from that person entity(ies) or organization(s) that:
a. They be an additional insured on this policy; and
b. The Named Insured received such request prior to the date that the Named insured's operations for that
person(s), entity(ies) or organization(s) commenced.
c. This insurance be primary.
All other Policy terms and conditions remain unchanged.
Includes copyrighted material of Insurance Services ice, Inc., with its permission Page 1 of 1
PSD Al 01 07/17