HomeMy WebLinkAbout2/4/2004 - STAFF REPORTS (7) v=
DATE: February 4, 2004
TO: City Council
FROM: Director of Public Works/City Engineer
CONTRACT NO. MS03026 WITH SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT (AQMD) FOR AB2766 FUNDS, FOR IMPLEMENTING AIR POLUTION
REDUCTION PROJECTS.
RECOMMENDATION:
It is recommended that the City Council approve Coachella Valley Particulate
Matter Reduction Program Contract No. MS03026 with South Coast Air Quality
Management District, in an amount of $44,529.00, for purchasing a pickup truck
(for dust control inspection), dirt parking lot stabilization at De Muth Park and
road shoulder paving on Avenida Caballeros in Palm Springs.
SUMMARY:
The funds approved by the Mobile Source Air Pollution Reduction Review
Committee (MSRC) used as "Local Match" for PM10 Projects are the following:
1.) 50% match of the total project costs for projects that do not use CMAQ or
AB2766 subvention Funds:
- Purchase of a CNG Dust Control Pickup Truck (Pr. Cost: $33,500) $16,750.00
- De Muth Park Parking Lot Stabilization (Project cost: $39,500) $19,750.00
2.) 11.47% of the total project costs for CMAQ Projects:
- Ave. Caballeros Road Shoulder Paving from Arenas Road to
Tahquitz Canyon Way (Project cost: $70,000) $8,029.00
Total = $44,529.00
BACKGROUND:
In December 2002 the City submitted an application to receive MSRC funds as
"Local Match" for the CMAQ PM-10 and locally funded projects, under the
Coachella Valley PM10 Reduction Program. The projects will accomplish the
purchase of a Compressed Natural Gas (CNG) Dust Control Vehicle, parking lot
stabilization and road shoulder pavement. The proposed projects have been
approved by the City Council of the City of Palm Springs.
Sufficient funds are available in Acct. No. 261-4490-50 1 1 8 Capital Improvements
PM10 Mitigation, Acct No.134-4498-50180 Local Measure A PM 10 Paving
Match and Acct. No. 510-5475-50020 Motor Vehicle Replacement.
6-�5'(�
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:-. ��
�ity Manager
Attachments: 1) Minute Order 2) Contract No. MS03026
South Coast Contract No. MS03026
Air Quality Management District Me�wy— .. .
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COACHELLA VALLEY PARTICULATE MATTER REDUCTION PROGRAM CONTRACT
1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District
(hereinafter referred to as "AQMD") whose address is 21865 East Copley Drive, Diamond Bar,
California 91765, 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. AQMD is the local agency with primary responsibility for regulating stationary source air pollution
in the South Coast Air Basin in the State of California (State). AQMD is authorized under State
Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for
the purpose of reducing air pollution from such vehicles and to implement the California Clean Air
Act.
B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set
motor vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV) is
required to collect such fee and remit it periodically to AQMD.
C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by
AQMD into a separate account for the sole purpose of implementing and monitoring programs to
reduce air pollution from motor vehicles.
D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to
develop a work program to fund projects from the separate account. Pursuant to approval of the
work program by AQMD'S Governing Board, AQMD Board authorized a contract with
CONTRACTOR for services described in Attachment 1 - Statement of Work, expressly
incorporated herein by this reference and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth
in CONTRACTOR 's Coachella Valley Particulate Matter Reduction Program Application dated
December 6, 2002.
3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be
collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges
that AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes
no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD
in a timely manner.
4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the
termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its
authorized representative to determine if the revenues received by CONTRACTOR were spent for the
reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall
coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately
expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount
which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole
remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this
Contract.
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Contract No. MS03026
5. REPORTING
A. PROGRESS REPORTS - A concise Interim Report will be submitted at the approximate halfway
point in the overall project schedule. The Interim Report should include the following topics, at a
minimum: a) tasks completed; b) issues or problems encountered; c) resolutions implemented;
and d) progress to date. Any modifications, whether already implemented or planned, to the
project description/statement of work, project costs, or project schedule, should be highlighted in
the Interim Report.
B. FINAL REPORT - CONTRACTOR shall provide AQMD with a comprehensive final report prior to
the end of the Contract term. The final report shall be subject to review by the MSRC and
approval by AQMD. One letter-size paper copy and one electronic version in Microsoft Word
format shall be provided to AQMD. The final report shall be complete and include illustrations and
graphs, as appropriate, to document the work performed and the results thereof under this
Contract.
6. TERM - The term of this Contract is for ten (10) months from the date of execution by both parties,
unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by
amendment of this Contract in writing, or unless all work is completed and a final report is submitted
and approved by AQMD prior to the termination date. No work shall commence prior to the Contract
start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract
is fully executed. Upon written request and with adequate justification from CONTRACTOR, the
MSRC Contracts Administrator may extend the Contract up to an additional six months at no additional
cost. Term extensions greater than six months must be reviewed and approved by the MSRC.
7. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or
fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the
requirements of Attachment 1 - Statement of Work, this shall constitute a material breach of the
Contract. The nonbreaching party shall have the sole and exclusive option either to notify the
breaching party that it must cure this breach within fifteen (15) days or provide written notification of its
intention to terminate this Contract with thirty (30) day's written notice. Notification shall be provided in
the manner set forth in Clause 13 below, entitled - Notices. Termination shall not be the exclusive
remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any and all
remedies provided by law. AQMD will reimburse CONTRACTOR for actual costs incurred (not to
exceed the total Contract value), including all noncancellable commitments incurred in performance of
this Contract through the effective date of termination for any reason other than breach.
8. EARLY TERMINATION —This Contract may be terminated early if the vehicles or equipment become
inoperable through mechanical failure of components or systems directly related to the alternative fuel
technology being utilized, and such failure is not caused by CONTRACTOR'S negligence, misuse, or
malfeasance.
9. INSURANCE - Prior to the start of this Contract, CONTRACTOR shall furnish evidence of workers'
compensation insurance in accordance with California statutory requirements and liability insurance
with a combined single limit (general and automotive) of One Million Dollars ($1,000,000).
CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions
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Contract No. M803026
thereof. AQMD shall be named as an additional insured on such liability policy and thirty (30) days
written notice of modification of any such insurance shall be given by CONTRACTOR to AQMD. Such
modification is subject to preapproval by AQMD. If CONTRACTOR fails to maintain the required
insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional
insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to
CONTRACTOR.
10. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its
officers, employees, agents, representatives, and successors-in-interest against any and all loss,
damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and
successors-in-interest may incur or be required to pay by reason of any injury or property damage
caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of
this Contract.
11. PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Forty-Four Thousand Five Hundred
Twenty Nine Dollars ($44,529) upon completion of the project on a reimbursement basis. Any
funds not expended upon early contract termination or contract completion shall revert to the AB
2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within
thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by
CONTRACTOR.
B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company
letterhead, and list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S
social security number or Employer Identification Number and submitted to:
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, CA 91765
Attn: Cynthia Ravenstein, MSRC Contract Administrator
C. 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 AQMD. If the
project described in Attachment 1 is not completed and satisfactory proof of completion is not
provided to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion
shall include a Final Report detailing the project goals and accomplishments.
D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns.
Any project cost overruns must be funded from other than AB 2766 Discretionary Funds.
E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to
the project described in Attachments 1, 2, and 3 of this Contract.
F. If, at the completion of the Project described in Attachment 1, the actual amount of AB 2766
Funds utilized in performance of the project is less than the amount described in Attachment 2,
the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 100% of
the actual AB 2766 Fund amount expended for the project.
12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs)
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds
may be generated and/or sold.
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Contract No. M503026
B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a
portion of the air quality benefits attributable to the project resulted from other funding sources.
These MSERCs, which are issued by AQMD, are based upon the quantified vehicle miles traveled
(VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective
MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective
credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to
as "AB 2766-MSERCs."
C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's
contribution to the cost associated with the air quality benefits. In the case where AB 2766
Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or
for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766
Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure
and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the
associated air quality benefits. Determination of the project's overall cost will be on a case-by-
case basis at the time an MSERC application is submitted. AQMD staff, at the time an MSERC
application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs.
CONTRACTOR would then receive the balance of the MSERCs not associated with AB 2766
funding.
13. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the
persons listed below or to other such addresses or addressees as may hereafter be designated in
writing for notices by either party to the other. A notice shall be deemed received when delivered or
three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier.
AQMD: South Coast Air Quality Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
Attn: Cynthia Ravenstein, MSRC Contract Administrator
CONTRACTOR: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: George F. Farago
14. EMPLOYEES OF CONTRACTOR
A. CONTRACTOR warrants that it will employ no subcontractor without written approval from
AQMD. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well
as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall
maintain workers' compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be
considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees,
agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or
plans, given or extended by AQMD to its employees.
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Contract No. MS03026
D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of services required
to be performed under this Contract. CONTRACTOR further represents that in performance of
this Contract, no person having any such interest shall be employed by CONTRACTOR or any
subcontractor.
15. 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.
16. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise
transferred by either party without the prior written consent of the other, and any attempt by either
party to do so shall be void upon inception.
17. NON-EFFECT OF WAIVER — CONTRACTOR'S or AQMD'S failure to insist upon the performance of
any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or
remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of
any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless
otherwise provided for herein.
18. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the
enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys'
fees and costs.
19. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for
any delay or failure in performance under this Contract or interruption of services resulting, directly or
indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes,
shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the
reasonable control of AQMD or CONTRACTOR.
20. 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.
21. 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.
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Contract No. MS03026
22. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the
force and effect of an original.
23. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created
thereby shall be determined in accordance with the laws of the State of California. Venue for
resolution of any dispute shall be Los Angeles County, California.
24. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a
fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a
formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts
expended in anticipation of a formal Contract. If a formal Contract does result, precontract cost
expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and
payment provision of the Contract.
25. PREVAILING WAGES — CONTRACTOR is alerted to the prevailing wage requirements of California
Labor Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the
AQMD's headquarters, of which shall be made available to any interested party on request.
Notwithstanding the preceding sentence, CONTRACTOR shall be responsible for determining the
applicability of the provisions of California Labor Code and complying with the same, including, without
limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing
rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same
available to any interested party upon request, paying any applicable prevailing rates, posting copies
thereof at the job site and flowing all applicable prevailing wage rate requirements to its
subcontractors. CONTRACTOR shall indemnify, defend and hold harmless the South Coast Air Quality
Management District against any and all claims, demands, damages, defense costs or liabilities based
on failure to adhere to the above referenced statutes.
26. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by
CONTRACTOR, submitted to AQMD and approved by MSRC in accordance with MSRC policies and
procedures. Requests to expend funds above the Contract value stated in Clause 11A must be
approved prior to the expenditure of additional funds. CONTRACTOR must make such request a
minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall
be in writing and signed by both parties.
27. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto
related to CONTRACTOR providing services to AQMD and there are no understandings,
representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration,
or modification of any of the provisions herein shall be binding on any party unless in writing and
signed by the party against whom enforcement of such waiver, alteration, or modification is sought.
m A 7
Contract No. MS03026
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:
Dr.William A.Burke,Chairman,Governing Board
Date: Date:
ATTEST:
Saundra McDaniel, Clerk of the Board
By:
APPROVED AS TO FORM:
Barbara Baird, District Counsel
0
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//MSR CCoachella ValleyPMRedProgram
23Apr#2003
7
Attachment 1 — Statement of Work
City of Palm Springs
Hereinafter Referred to as CONTRACTOR
Contract Number MS03026
Project Description
CONTRACTOR will purchase one pickup truck for use in dust control inspection and
oversight activities, pave roadway shoulders and stabilize an existing dirt parking lot for
the purpose of reducing emissions of particulate matter (PM,o).
Statement of Work
CONTRACTOR shall complete the following tasks as specified below and in Attachment
3, Supporting Documents — Site Map:
A. Purchase one CNG pickup truck for use in dust control inspection and oversight
activities.
B. Pave, including construction of six inch high asphalt berms, the existing dirt roadway
shoulders on Avenida Caballeros (from Arenas Road to Tahquitz Canyon Way) in
the City of Palm Springs.
C. Chemically stabilize the existing dirt parking lot at De Muth Park, east of the Youth
Center in Palm Springs (minimum 60,000 square feet). A polymer soil stabilizer (or
equivalent approved by MSRC staff) shall be applied to the project area by a
licensed operator.
CONTRACTOR shall be reimbursed according to the costs stated in Attachment 2 —
Cost Schedule.
Project Schedule (based on date of Contract execution)
Task Start Completion
Order Pickup Truck Month 6 Month 7
Take Delivery and Place Pickup Truck in Month 7 Month 10
Service
Shoulder paving and parking lot
stabilization
Site Design & Engineering Month 1 Month 4
Construction Month 3 Month 9
Interim Report Month 5 Month 5
Final Report Month 10 Month 11
Hardware: One CNG pickup truck.
Attachment 1 — Statement of Work
City of Palm Springs
Hereinafter Referred to as CONTRACTOR
Contract Number MS03026
Reports
Interim Report: A concise interim report shall be submitted at the approximate
halfway point in the overall project schedule. At a minimum, the interim report should
address the following topics: tasks completed, issues or problems encountered,
resolutions implemented, and progress to date. An interim report that does not comply
will be returned to the CONTRACTOR as inadequate.
Final Report: A Final Report shall be submitted by the CONTRACTOR in the format
provided by AQMD staff. Report shall include, at a minimum: a) an executive summary;
and b) a detailed discussion of the results and conclusions of this project.
CONTRACTOR will identify any barriers encountered and solutions developed to
overcome the barriers, and impact of project on future PM10 mitigation projects.
In the event the CONTRACTOR files for bankruptcy or becomes insolvent or
discontinues this project, the following items revert to the AQMD for disposition into the
AB 2766 Discretionary Fund account:
none
NO
2
Attachment 2 — Cost Schedule
City of Palm Springs
Hereinafter Referred to as CONTRACTOR
Contract Number MS03026
Cost Breakdown
MSRC CMAQ Other
Purchase Category Costs Funds Funds Total Cost
Applied
Purchase CNG pickup $16,750.00 $0 $16,750.00 $33,500.00
truck
Shoulder Paving
Site design & $573.00 $4,427.00 $5,000.00
engineering
Construction $6,587.00 $50,838.00 $57,425.00
Administrative & $869.00 $6,706.00 $7,575.00
inspection
Parking Lot Stabilization
Site design & $1,500.00 $1,500.00 $3,000.00
engineering
Construction $16,000.00 $16,000.00 $32,000.00
Administrative & $2,250.00 $2,250.00 $4,500.00
inspection
Total $44,529.00 $61,971.00 $36,500.00 $143,000.00
CONTRACTOR shall be reimbursed according to the amounts stated above upon
submission of:
A. Proof of vehicle delivery, vehicle acceptance, and placement of vehicle into service;
and
B. Verification that shoulder paving and parking lot stabilization are complete. At a
minimum, acceptable verification shall consist of:
• report(s) signed by a responsible official certifying that the paving and
stabilization have been completed as described in Attachment 1 — Statement of
Work, and specifying the dates and locations on which these activities occurred;
and
• invoice(s) from the subcontractor(s):
o performing the paving; and
o performing the stabilization; or
• if CONTRACTOR's employees will be performing the paving, receipts for
purchase of the materials
3
Attachment 3 — Supporting Documentation
City of Palm Springs
Hereinafter Referred to as CONTRACTOR
Contract Number MS03026
The supporting documents attached hereto as Attachment 3, represent obligations of
the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or
obligations by the AQMD or granting any rights to third parties against the AQMD.
1. Certificate of Insurance
2. Site Map
7
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MINUTE ORDER NO.
APPROVING CONTRACT NO. MS03026 WITH SOUTH
COAST AIR QUALITY MANAGEMENT DISTRICT, IN
THE AMOUNT OF $44,529.00, FOR "AB 2766" FUNDS,
FOR IMPLEMENTING AIR POLLUTION REDUCTION
PROJECTS.
I HEREBY CERTIFY that this Minute Order approving Contract No. MS03026 with
South Coast Air Quality Management District, in the amount of $44,529.00, for "AB
2766" funds, for implementing air pollution reduction projects, was adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the 4th day
of February 2004.
PATRICIA SANDERS
City Clerk
75