HomeMy WebLinkAboutA4468 - RIVERSIDE COUNTY CV AIR QUALITY GRANT COUNTY OF RIVERSIDE
CV Air Quality Grant
AGREEMENT #4468
M07038, 4-3-02
SERVICE AGREEMENT
THIS SERVICE AGREEMENT, DATED January 15, 2002, by and between the CITY OF
PALM SPRINGS (hereinafter "PALM SPRINGS") and the COUNTY OF RIVERSIDE
(hereinafter "COUNTY");
WITNESSETH :
WHEREAS, COUNTY issued a Request For Proposals for regional air quality
enhancement projects, to be funded from the Coachella Valley Air Quality Enhancement
Trust Fund; and
WHEREAS, in response to COUNTY'S request, PALM SPRINGS submitted a proposal for
a Coachella Valley Air Quality Enhancement Project, which was subsequently reviewed by
the Coachella Valley Air Quality Advisory Committee and recommended for funding; and
WHEREAS, on December 18, 2001, the Riverside County Board of Supervisors approved
the recommendations of the Coachella Valley Air Quality Advisory Committee and
authorized the County Executive Office to enter into Service Agreements with the
individual project proposers;
NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration
of the above premises and of the mutual covenants herein contained and for other
valuable consideration, the parties hereto agree as follows:
SECTION 1. DEFINITIONS
(a) "COUNTY" shall mean the County of Riverside, a political subdivision of the
State of California.
(b) "PALM SPRINGS" shall mean the City of Palm Springs.
(c) "AGREEMENT" shall mean that certain Service Agreement between the
County of Riverside and the City of Palm Springs, dated January 15, 2002.
(d) "PROJECT" shall mean the regional air quality enhancement project to be
conducted by PALM SPRINGS for positive benefit to regional air quality in the Coachella
Valley.
SECTION 2. PURPOSE
The purpose of this AGREEMENT shall be implementation and operation of a regional air
quality enhancement program for the Coachella Valley. The Scope of Work to be
performed by PALM SPRINGS pursuant to this agreement is attached hereto as Exhibit"A"
and is incorporated herein by this reference.
QMGlimAL 60
1 ,k1NTAOR AGRECMI�6'
SECTION 3. COOPERATION BETWEEN PARTIES
COUNTY will cooperate at all times with PALM SPRINGS in connection with PALM
SPRINGS' provision of services as specified in this AGREEMENT.
SECTION 4. TERM
The term of this AGREEMENT shall run from January 15, 2002, to December 31, 2002.
SECTION 5. ALTERATION
No alteration or variation of the terms of this AGREEMENT shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto. The Board of
Supervisors and the County Purchasing Agent are the only authorized County
representatives who may at any time, by written order, make alterations within the general
scope of this agreement.
SECTION 6. TERMINATION
COUNTY may terminate this AGREEMENT upon thirty days written notice to PALM
SPRINGS for any of the following reasons:
(a) In the event PALM SPRINGS fails to perform the covenants herein contained
at such times and in such manner as is herein provided; or
(b) In the event there is a conflict with any federal, state, or local regulation, or
rule rendering any of the provisions of the AGREEMENT invalid or untenable; or
SECTION 7. DOCUMENTATION OF EXPENDITURES
All expenditures made pursuant to the AGREEMENT shall be properly supported by
appropriate accounting documents, and such documents shall be maintained in
accordance with accepted accounting principles, practices, and procedures. PALM
SPRINGS shall maintain and keep available all such documents for a period of not less
than five (5) years after its Final Report has been submitted to COUNTY as required by
Section 9 herein, and be available for audit by the County.
SECTION 8. PAYMENTS
(a) The total payment due to PALM SPRINGS under this AGREEMENT is
$50,000.00.
(b) Payments shall be made to PALM SPRINGS upon receipt and approval of
reports and invoices. Invoices for vehicle purchase must include proof of purchase and
delivery.
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(c) The County Executive Office shall review invoices in timely fashion, and
submit them to the Auditor-Controller for payment.
SECTION 9. REPORTS
(a) PALM SPRINGS shall submit a report and invoice for payment within forty-
five (45) days of project completion and/or vehicle purchase and receipt.
SECTION 10. INSPECTIONS
PALM SPRINGS shall make available to COUNTY its records and data with respect to all
matters covered by the AGREEMENT for inspection and audit, which inspection and audit
may be made at any time after reasonable notice.
SECTION 11. INDEPENDENT CONTRACTOR
PALM SPRINGS is, for purposes arising out of this Agreement, an independent
contractor, and shall not be deemed to be an employee of the County. Contractor is not,
and shall not be considered to be in any manner, an employee, agent or representative of
the County. Personnel providing services under this Agreement on behalf of Contractor
shall at all times be under Contractor's exclusive direction and control.
SECTION 12. FAIR EMPLOYMENT PRACTICES
PALM SPRINGS shall not discriminate in the hiring of persons to fulfill its requirements
hereunder based on race, religion, national origin, sex, age, medical disability or marital
status, exclude any person from participation in, deny any person the benefit of, nor
subject any person to discrimination under any program or activity funded pursuant to this
AGREEMENT.
SECTION 13. NOTICES
Any notices required or desired by either party shall be addressed to the respect parties as
set forth below and are deemed submitted one day after their deposit in the United States
mail, postage prepaid:
COUNTY PALM SPRINGS
County of Riverside Robert L. Mohler
County Executive Office City of Palm Springs
4080 Lemon Street, 12th Floor 3200 Tahquitz Canyon Way
Riverside, CA 92501 Palm Springs, CA 92262
SECTION 14. COMPLIANCE WITH LAW
PALM SPRINGS shall comply with all Federal, State and local laws and regulations
pertinent to its operations and the activities to be performed hereunder. PALM SPRINGS,
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its employees, and/or agents shall keep in effect any and all licenses, permits, notices, and
certificates as are required thereby.
SECTION 15. INCORPORATED MATTERS
PALM SPRINGS expressly represents that all documents incorporated by reference
herein, and matters within such documents, have been reviewed and understood.
SECTION 16. ASSIGNMENT
Neither this AGREEMENT nor any part hereof shall be assigned by PALM SPRINGS
without the prior written consent of COUNTY.
SECTION 17. WAIVER OF PERFORMANCE
No waiver by COUNTY at any time of any of the provisions of this AGREEMENT shall be
construed as a waiver at any time thereafter of the same or any other provisions contained
herein or of the strict and timely performance of such provisions.
SECTION 18. INDEMNIFICATION
PALM SPRINGS shall indemnify, and hold harmless COUNTY, Special Districts, their
respective directors, officers, Board of Supervisors, employees, elected officials and
agents from any liability whatsoever arising from the negligence of the CONTRACTOR and
relating to or in any way connected with the accomplishment of the work or performance of
services under this Agreement, As part of the foregoing indemnity, Contractor agrees to
protect and defend at its own expense, including attorney's fees, the County, Special
Districts, their respective directors, officers, Board of Supervisors, employees, elected
officials and agents in any legal action based upon any such alleged acts or omissions.
SECTION 19. SEVERABILITY
The invalidity of any provision in this AGREEMENT as determined by a court of competent
jurisdiction shall in no way affect, except as provided in Section 15, the validity of any other
provision herein.
SECTION 20. PARAGRAPH HEADINGS
The paragraph headings herein are for the convenience of the parties only, and shall not
be deemed to govern;'lirriit; modify or in any manner affect the scope, meaning or intent of
the provisions or language of this AGREEMENT.
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SECTION 21. ENTIRE AGREEMENT
This AGREEMENT is intended by the parties hereto as the final expression of their
agreement and understanding with respect to the subject matter hereof, and supersedes
any and all prior and contemporaneous agreements and understandings, oral and/or
written, in connection herewith. This AGREEMENT may be changed or modified only upon
written consent of the parties hereto,
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT
to be duly executed on the 15th day of January , 2002.
Attest:
COUNTY OF RI SIDE
Date: January 15, 2002
LARRY ARRISH
County Executive Officer
Date:
(Name)
City Manager
(Title)
(:21ty
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APPR VED AS TO F(tll
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SUBMITTAMO THE BOARD OF SUPERVISORS
COUNTY tVERSIDE, STATE OF CALIFORNIA
FROM: COUNTY EXECUTIVE OFFICE SUBMITTAL DATE: December 18, 2001 '' ^
SUBJECT: COACHELLA VALLEY AIR QUALITY ENHANCEMENT TRUST FUND
RECOMMENDED MOTION: That the Board of Supervisors:
1 . Approve the recommendations of the Coachella Valley Air Quality Advisory
Committee for funding of air quality enhancement projects in the Coachella Valley,
as shown on Exhibit A; and
2. Direct the Executive Office to prepare contracts with the proposing agencies and
authorize the County Executive Officer or his designee to sign County Counsel
approved contracts.
BACKGROUND: In administering the Coachella Valley Air Quality Enhancement Trust Fund
(established through settlement of litigation with Colmac Energy, Inc.), Executive Office
staff solicited program proposals for this year's funding allocation. of $250,000. As part
of the process, the Coachella Valley Air Quality Advisory Committee (CVAQAC) reviews
proposals and makes funding recommendations to the Board of Supervisors. The
committee consists of the Fourth District Supervisor, and representatives from the
Coachella Valley Association of Governments and the South Coast Air Quality
Management District.
- continued -
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Michael O'Connor
Deputy County Executive Officer
FINANCIAL DATA:
CURRENT YEAR COST $ 245,500 ANNUAL COST $ 0
NET COUNTY COST $ 0 IN CURRENT YEAR BUDGET: NO
a BUDGET ADJUSTMENT: NO FOR FY: 00/01
❑ SOURCE OF FUNDS: Coachella Valley Air Quality Enhancement Trust Fund
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C.E.O. RECOMMENDATION: Approve
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❑ a) County Executive Officer Si nature
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0 MINUTES OF THE BO OF SUPERVISORS
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On motion of Supervisor Buster, seconded by Supervisor Mullen and duly carried by
unanimous vote, IT WAS ORDERED that the above matter is approved as recommended.
a
E v Ayes: Buster, Venable, Wilson and Mullen
o Noes: None Gerald A. Maloney
Absent: Tavaglione Clerk o e rd
w Date: December 18, 2001
XxC: E.O., Co.Co., Auditor cW uty
Prev. Agn. ref. Dist. AGENDA NO.
o n.
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Coachella Valley Air Quality
Enhancement Trust Fund
December 18, 2001
Page 2
A Request for Proposals was released and seven proposals were submitted. The CVAQAC
reviewed the proposals and six were approved for funding. A summary of the
Committee's recommendations is attached (Exhibit A). It is requested that the Board
approve the program funding recommendations, and authorize the County Executive
Officer to prepare and execute contracts with the individual proposing entities.
Exhibit A
Coachella Valley Air Quality Enhancement Trust Fund
Program Funding Recommendations
December 18, 2001
City of Palm Springs $50,000
(For the purchase alternative fuel vehicles)
City of Indio 50,000
(To Install drought tolerant landscaping
for dust control)
Riverside County Waste
Management Department 25,500
(For the installation of particulate traps)
Riverside County Transportation 50,000
Department
(For the installation of particulate traps)
Community Partnership (Sunline) 20,000
(For the cost differential price of CNG fuel)
Sunline 50,000
(For the installation of a stationary
fuel cell power system)
TOTAL $245,500