HomeMy WebLinkAbout1/13/2016 - STAFF REPORTS - 2.J.City Council Staff Report
Date: January 13, 2016 CONSENT CALENDAR
Subject: APPROVAL OF AB 2766 / MSRC LOCAL GOVERNMENT MATCH
PROGRAM CONTRACT NO. ML16005 IN THE AMOUNT OF $80,000
WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FOR BICYCLE INFRASTRUCTURE AND IMPLEMENTATION OF A
BICYCLE OUTREACH PROGRAM.
From: David H. Ready, City Manager
Initiated by: Office of Sustainability
SUMMARY
On December 3, 2016, the Office of Sustainability received a grant for $40,000 for
installation of bicycle racks and implementation of a bicycle outreach and education
program from the South Coast Air Quality Management District (AQMD) through its
Assembly Bill 2766' / Mobile Source Air Pollution Reduction Review Committee (AB
2766 / MSRC) Local Government Match Program.
The Local Government Match Program requires a match of local funds, and with this
grant the City's will provide matching funds of $20,000 from the City's Sustainability
Fund and $20,000 from AB 2766 Subvention Funds allocated to the City from AQMD.
The total amount of the grant contract is $80,000; approval of the AQMD Contract No.
ML16005 will facilitate reimbursement of $60,000 from AQMD towards the $80,000
project cost.
RECOMMENDATION:
1. Approve AB 2766 / MSRC Local Government Match Program Contract No.
ML16005 with South Coast Air Quality Management District, in the amount of
$80,000 (40,000 AQMD Grant / $20,000 AB2766 Subvention Funds / $20,000 Local
' In September 1990, Assembly Bill 2766 (AB 2766) was signed into law initially authorizing a $2
motor vehicle registration fee surcharge. Section 44223 of the Health & Safety (H&S) Code,
enacted by AB 2766, specifies that this motor vehicle registration fee be used "...for the
reduction of air pollution from motor vehicles pursuant to, and for related planning, monitoring,
enforcement, and technical studies necessary for the implementation of the California Clean Air
Act of 1988."
ITEM NO. J
City Council Staff Report
January 13, 2016 -- Page 2
AQMD Contract No. ML16005
Funding) for installation of bicycle racks and implementation of a bicycle outreach
and education program; and
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City of Palm Springs adopted a Non -Motorized Transportation Plan (NMTP) in
October 2011. Since that time, the Office of Sustainability has worked with the
Sustainability Commission and Active Transportation Committee (ATC) to implement
elements of the NMTP, and to expand bicycle infrastructure City-wide.
Many improvements have been made to bicycle lanes and other infrastructure such as
bicycle parking facilities, including bicycle corrals and racks. A new bicycle rack hosting
program was established in 2014 and resulted in the addition of over 60 racks at
businesses and parks throughout the City, including in the three bicycle friendly
business districts. In addition, the City now has three fix -it stations and six bicycle
corrals in both private and public locations. Examples of these bicycle facilities
supporting the City's NMTP are provided in Figures 1 and 2 below.
0
ti
Figure 2: One of six bicycle corrals
used to park up to 12 bicycles. Project
was funded by MSRC grant.
Addition of the bicycle corrals provides safer parking options for cyclists. Adding bicycle
parking encourages alternative transportation, and helps reach the City's goal of
reduced greenhouse gas emissions. In addition, education and outreach has increased
with the creation of new programs and materials promoting "open streets" events,
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City Council Staff Report
January 13, 2016 -- Page 3
AQMD Contract No. ML16005
bicycle route maps, bicycle helmet fitting for adults and children, and bicycle safety
demonstrations aimed at nighttime bicycle rider safety.
The Office of Sustainability has successfully applied for several grants to foster
improvement of the bicycle culture within the City. These grants have also help fund
costs associated with implementation of these various bicycle programs in the past.
In May 2015, the Office of Sustainability submitted a grant application to AQMD for
funding towards installation of more bicycle racks, and to implement bicycle outreach
and education programs. On December 3, 2015, AQMD notified the City of its award of
funding through the AB 2766 / MSRC Local Government Match Program, and provided
AQMD Contract No. ML16005 to facilitate the City's award of $40,000 and the obligation
to match with $20,000 from the City's own local funds, and $20,000 from AB 2766
Subvention Funds allocated to the City by AQMDz.
Staff recommends that City Council accept AB2766/MSRC Local Government Match
Program Contract No.ML16005 to allow for the purchase of additional racks and to
continue educational outreach programs. Contract No. ML16005 is included as
Attachment 1.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a "Project" as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. According to Section 15378(b), a Project does not include: (5)
Organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment.
FISCAL IMPACT:
The AB 2766 /MSRC Local Government Match Program Contract No. ML16005 provides
the City with up to $40,000 in funding towards bicycle improvements and programs,
requiring the City's commitment of similar funds. The 2014/15 Fiscal Year budget
previously appropriated $65,000 in the Sustainability Fund (Fund 138) for anticipated
local match funds associated with AQMD grants awarded to the City for bicycle projects
and related programs; this funded was continued into the 2015/16 Fiscal Year budget.
2 Since 1991, local governments have received AB 2766 funds to implement programs that
reduce air pollution from motor vehicles. The motor vehicle registration fee surcharge is
collected by the Department of Motor Vehicles and subvened to AQMD for disbursement
whereby a portion of these funds are allocated to local governments (the "subvention" portion);
AQMD is applying $20,000 of the City's allocation of Subvention Funds towards this grant
contract.
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City Council Staff Report
January 13, 2016 -- Page 4
AQMD Contract No. ML16005
Sufficient funding to provide the $20,000 local matching funds is available in Account No.
138-1270-58039.
SUBMITTED
Prepared by:
Marcus L. Fuller, M , P.E., P.L.S.
Assistant City Manager/City Engineer
Attachments:
1. AQMD Contract No. ML16005
Approved by:
David H. Ready, E.��
City Manager
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ATTACHMENT 1
05
4,Nouth Coast Contract No. ML16005
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Management District
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AB 27661MSRC LOCAL GOVERNMENT MATCH PROGRAM CONTRACT
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
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 - Statement of Work, expressly incorporated herein by this reference
and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in
CONTRACTOR's Local Government Match Program Application dated 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, ML16005
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 nineteen (19) 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.
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 faits to comply with any term or condition of this Contract, or faits 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
slop 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.
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Contract No. ML16005
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 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. Worker's compensation insurance in accordance with either California or other slate'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 indemnity SCAQMD, its officers,
employees, agents, representatives, and successors -in -interest against any and all loss, damage, costs,
lawsuits, claims, demands, causes of action, judgments, allorney'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 vehicleslequipment 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 Forty Thousand Dollars ($40,000) 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.
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Contract No. ML16005
C. Any funds not expended upon early Contract termination or Contract completion shall revert to the AS
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 917654178
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 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 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 AS 2766 Discretionary Funds may be
generated and/or sold.
B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project 9 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 AS 2766 Funds, must be retired. The portion of prospective credits funded by the
AS 2766 program, and which are subject to retirement, shall be referred to as "AS 2766-MSERCs'
C. The determination of AS 2766-MSERC's is to be prorated based upon the AS 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 AS 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 AS 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.
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Contract No. NIU6005
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: cravenstein anaamd.00v
CONTRACTOR:
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
Adn: Marcus Fuller, email: Marcus.Fuller@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 slate 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 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.
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Contract No. ML16005
20. SECURITY INTEREST - CONTRACTOR hereby grants SCAOMD 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, of sea.), the Federal Civil Rights Act of
1964 (P,L, 88-352) and all amendments thereto, Executive Order No.11246 (30 Federal Register 12319), and
all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise
require each subcontractor to comply with this clause and shall include in each such subcontract language
similar to this clause,
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.
B. CONTRACTOR agrees to obtain SCAOMD'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
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Contract No. ML16005
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 allomey
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 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.
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Contract No. ML16005
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 signalor 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. ML76ge5
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: By:
Or. William A. Burke, Chairman, Governing Board Name
Title:
Date, Dale:
ATTEST:
Saundra McDaniel, Clerk of the Board
By
APPROVED AS TO FORM:
Kurt R. Wiese, General Counsel
By: 1
//#SRC Master eo0e0ate
Revised Deow&i 16, 2014
9 14
Attachment 1
Statement of Work
City of Palm Springs
Contract Number ML16005
1. Proiect Elements
A. The City of Palm Springs (hereinafter referred to as "CONTRACTOR") is to Install 20
sidewalk "bike -shaped" racks (each of which accommodates 2 bicycles). CONTRACTOR
shall notify SCAQMD staff of specific locations selected.
B. CONTRACTOR shall also develop and implement a bicycle outreach and educatlon
program. At a minimum, program shall include, but is not necessarily limited to,
producing and distributing, installing, or implementing as appropriate:
I. At least 10,000 bilingual bike safety brochures;
ii. One Open Streets event (an event temporarily closing one or more streets to motor
vehicle traffic in order to encourage the active transportation modes of bicycling and
walking as means of transportation) in October 2016;
Ill. Banner promoting Open Streets event;
iv. At least three bike safety demonstrations; and
v. Create mobile application for Walk and Roll biking and walking website.
CONTRACTOR shall be reimbursed according to Attachment 2 - Payment Schedule.
2. Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the MSRC's
co -funding of the bike racks and bicycle outreach program. 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.
3. Reports
Quarterly Reports: Until bike racks are installed and bicycle outreach program is 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
any barriers encountered and solutions developed to overcome the barriers, and impact of
project on future bicycle transportation projects.
I5
Attachment 1
Statement of Work
City of Palm Springs
Contract Number ML16005
4. 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
Finalize list of bicycle outreach activities and
order promotional materials
Determine locations and order bike racks
Submit Public Outreach Plan
Install bike racks
Complete bicycle outreach
Implement Public Outreach Plan
Quarterly reports
Final Report
Completion
Month 6
Month 7
Month 7
Month 9
Month 14
Month 16
Months 4, 7, 10,
and 13
Month 17
2 is
Cost Breakdown
Purchase
Category
Install bike
racks
Implement
bicycle
outreach
Totals
Maximum
AB2766
Discretionary
Funds
payable
under this
Contract
$15,000
$25,000
$40,000
Attachment 2
Payment Schedule
City of Palm Springs
Contract Number ML16005
CONTRACTOR
Other
A62766
Funds
Subvention
Applied to
Funds
Match
Applied
$7,500
$12,500
$20,000
Additional
Project Co -
Funding (not
matched)
$7,500 $0
$12,500 $0
Total Cost
i
i
0
$30,000
$50,000
$20,000 $0 80 000
No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described
In Attachment 1 is completed and proof of completion is provided to SCAQMD. If the project
described in Attachment 1 is not completed and satisfactory proof of completion is not provided
to SCAQMD, no monies shall be due and payable to CONTRACTOR. However, reimbursement
may be made for bike racks even if bicycle outreach is not yet complete, or vice versa. Proof of
completion shall include:
Bicvcle Infrastructure
• Representative photos;
• a report signed by a responsible official certifying that the bicycle racks have been
installed as described in Attachment 1; and
• invoice(s) from any subcontractor(s) performing the installations.
Outreach Program
• Sample of bike safety brochure;
• Representative photo of Installed banner(s);
• Demonstrable ability to install and operate Walk and Roll mobile application; and
• Invoice(s) from any subcontractor(s) performing banner installations, distributing
materials, creating mobile application, conducting bike safety demonstrations and
implementing Open Streets event.
If, at the completion of the Project, the expenditures are less than the Total Cost amount above,
the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted
on a prorated basis, so that the amount reimbursed to CONTRACTOR shall not exceed the actual
amount of AB 2766 Subvention Funds plus other funds applied.
3 17
Attachment 2
Payment Schedule
City of Palm Springs
Contract Number ML16005
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.
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