Loading...
HomeMy WebLinkAboutA4242 - CEC GRANT ELECTRIC VEHICLES R 19787 CEC Grant TSTATE @+5 CALIFCRNIA r ]neighborhood Electric Vehicle GRANT AGREEMENT AGREEMENT #4242 CEC afi,Rev 7191) -'s R19787, 5-17-00 This agreement is official notification of a grant award from the California Energy Commissiol,. ... incorporated as part of this grant agreement Vy'V.. RECIPIENT 4TERM T NUMBER City of Palm Springs NEV-99-004 ADDREss 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 3/1/00 — 1/1/02 CEC PROJECT MANAGER E (916) 657-4353 Peter Villanueva, California EnergyCommission ADogess 1516 9th St.-MS-41, Sacramento, CA 95814 PROJECT DESCRIPTION The City of Palm Springs will acquire Neighborhood Electric Vehicles for use in specific applications, such as neighborhood errands, commute trips, or other limited-performance applications for short trips at slow speeds. CEC: $ 85,000.00 FUND TITLE RGGR M b) Clearing Account ERPA AMOUNT ENCUMPHLO ITEM $ 85,000.00 CHAPTER STATUTE FISC.IL -R 0465-3360-001-99 50 99 99/00 MATCH SHARE PURPOSE OF EXPEENDINRE $ 92,900.00 SCAQMD — NEV TOTAL OPTIONAL USE $177,900.00 5300-418-53100 I hereby certify upon my o/wn personal knowledge!ha!budgeted funds are available far the penod and purpose stated above. SIGNATURE OF{) CO Ti GO FILER / / DAic nn The undersigned parties hau, read l�e ap achments to this agreement and will comply with the standards and requirements contained therein CALIFORNIA ENERGY COMMISSION RECIPIENT SIGNA U' OF P TY —SIONC I F DATE ] _ -ATE City Man ' 1.. /I At t: i'a�/� NAME PINE r Mark Hutchison 654-5124 Ci Clerk 7 d av AITACXMENTS I _ IY�E�I_ksl T 9 �hlAM11 I. Terms and Conditions 2. Work Statement 3. Budget A. Resolution ` t 5. Special Conditions 6 Federal OMB Circular(s) -)ate GLIO-125 PRY RES. 1140.��+ � �� '� �y 7-0v GRANT NOT SUBJECT TO CGS APPROVAL AL�a � PER ATTORNEY GENERAL OPINIONS TERMS AND CONDITIONS AWARD # NEV - 99 - 004 of CALrF0 i O TERMS AND CONDITIONS TABLE OF CONTENTS SECTION PAGE NO. 1. GRANT AGREEMENT................................................................................................................. 1 2. ATTACHMENTS AND REFERENCES............................................................................................. 1 3. OTHER CONDITIONS.................................................................................................................. 2 4. DUE DILIGENCE......................................................................................................................... 2 5. FUNDING SOURCES- REQUIREMENTS AND RESTRICTIONS ..........................................................3 ExxonSettlement......................................................................................................................3 StripperWell Settlement...........................................................................................................3 WarnerAmendment..................................................................................................................3 StateEnergy Plan......................................................................................................................3 6. RESTRICTIONS ON FUNDS- SUPPLANTING...................................................................................4 7. PRODUCTS ................................................................................................................................ 4 8. QUARTERLY PROGRESS REPORTS.............................................................................................. 4 9. GENERAL TERMS....................................................................................................................... 5 10. AMENDMENTS .......................................................................................................................... 6 11. CONTRACTING AND PROCUREMENT PROCEDURES..................................................................... 6 12. CONTRACTS OR SUBCONTRACTS............................................................................................... 6 13. BONDING AND INSURANCE ....................................................................................................... 7 14. PERMITS AND CLEARANCES...................................................................................................... 7 15. TERMINATION........................................................................................................................... 8 16. TRAVEL AND PER DIEM............................................................................................................. 8 17. RIGHTS OF PARTIES................................................................................................................. 11 r TERMS AND CONDITIONS TABLE OF CONTENTS (cont'd.) SECTION PAGE NO. 18. STANDARD OF PERFORMANCE..................................................................................................I I 19. PAYMENT OF FUNDS................................................................................................................. 12 20. FINAL ADMINISTRATIVE REPORT............................................................................................. 14 21. FISCAL ACCOUNTING REQUIREMENTS...................................................................................... 14 22. INDEMNIFICATION.................................................................................................................... 16 23. NONDISCRINIINATION- STATEMENT OF COMPLIANCE.............................................................. 16 24. DRUG-FREE WORKPLACE CERTIFICATION ................................................................................ 17 25. DISPUTES ................................................................................................................................. 18 26. WORKERS'COMPENSATION INSURANCE................................................................................... 19 27. POLITICAL ACTIVITY LIMITATIONS(HATCH ACT)......................................................................19 28. NATIONAL LABOR RELATIONS BOARD CERTIFICATION..............................................................20 29. AMERICANS WITH DISABILITIES ACT.........................................................................................20 AWARD #NEV- 99 - 004 TERMS AND CONDITIONS 1. GRANT AGREEMENT This project is being fimded with a grant from the California Energy Commission (Commission). Funding for this project consists of fluids from the Petroleum Violation Escrow Account (PVEA). It is hereby understood and agreed that this agreement shall be governed by the laws of the State of California as to interpretation and performance. These Terms and Conditions are standard requirements for grant awards. The Commission may impose additional special conditions in this grant agreement which address the unique circumstances of this project. Special conditions that conflict with these standard provisions take precedence. The recipient shall sign all six copies of the grant agreement and return five signed packages to the Commission's Grants and Loans Office within 30 days. Failure to meet this requirement may result in the forfeiture of this award. When all required signatures are obtained, an executed copy will be returned to the recipient. The recipient also must provide written documentation that a separate ledger account or fiord has been established by the recipient for receipt and disbursement of Commission funds. Commission-funded work cannot begin prior to the agreement teen date. This agreement is not effective until it is signed by all parties. 2. ATTACHMENTS AND REFERENCES The following are attached and hereby expressly incorporated into this agreement. • Terms and Conditions. • Work Statement. • Budget. • Resolution of the Recipient or Local Jurisdiction Governing Body(if applicable). • Resolution of the California Energy Commission. • Special Condition(s) (if applicable) The Office of Management and Budget (OMB) Circulars and/or federal regulations checked below are incorporated by reference as part of this agreement. These Terms and Conditions and any Special Conditions take precedence over the circulars and/or regulations checked below. OMB Circulars may be accessed on the OMB web site at www.whitchouse.gov/omb/circulars/indcx.html or by calling the Office of Administration, Publication Office, at(202) 395-7332. PVEA-Feb00 I FEBRUARY 2000 i AWARD #NEV- 99 - 004 X Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments OMB Circular A-110: Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (also applicable to Private Entities) 10 CFR Part 600: DOE Financial Assistance Regulations (www.pr.doe.gov/f6OOtoe.hti-nl) oMB Circular A-87: Cost Principles for State, Local and Tribal Governments oMB Circular A-21: Cost Principles for Educational Institutions (Institutions of Higher Education) OMB Circular A-122: Cost Principles for Non-Profit Organizations OMB Circular A-133: Audits of States, Local Governments, and Non-Profit Organizations Title 48 CFR, Ch. 1, Subpart 31.2: Contracts with Commercial Organizations (Supplemented by 48 CFR, Ch. 9, Subpart 931.2 for Department of Energy grants) (www.access.gpo.gov/iiara/efT/efT-table-search.htTill) OTHER: NONE 3. OTHER CONDITIONS Any federal, state, and local laws and regulations applicable to your project not expressly listed in this agreement are incorporated herein as part of this agreement. 4. DUE DILIGENCE The recipient is required to take timely actions which, taken collectively, move this project to completion. The Commission Project Manager will periodically evaluate the schedule for completion of Work Statement tasks. If the Commission Project Manager determines (1) the recipient is not being diligent in completing the tasks in the Work Statement or (2) PVEA-feb00 2 PERUARY 2000 AWARD #NEV - 99 - 004 the time remaining in the funding award is insufficient to complete all project work tasks not later than the agreement term date, the Project Manager may recormnend to the Corms ission that this agreement be terminated, and the Connnission may, without prejudice to any of its remedies, terminate this agreement. 5. FUNDING SOURCES-REQUIREMENTS AND RESTRICTIONS It is understood and agreed upon by the parties to this agreement that: a. Funding for this agreement is subject to the approval of the United States Department of Energy and to any additional restrictions, limitations, or conditions imposed by the United States Department of energy, federal law, federal court judgements, and/or federal agency orders which may affect the provisions or terns of this agreement. b. The Commission has the option to void the agreement under the 30-day cancellation clause or to amend the agreement to reflect any reduction of fiords. C. The funding source(s) and applicable restriction(s) checked below apply to this grant: EXXON SETTLEMENT Grant funds may not be used to reimburse indirect charges I. STRIPPER WELL SETTLEMENT Indirect charged up to 5 percent are allowed if included in the grant budget. WARNER AMENDMENT Grant funds may not be used to reimburse indirect charges. STATE ENERGY PLAN(SEP) Funding for this agreement is approved as part of the SEP animal grant. This grant terminates on June 30 of each year and must be extended annually. Grant fiords may be used only as approved in the California SEP. 1 Indirect charges are those incurred for a common or joint purpose benefitting more than one activity. Examples would be office space rental, establishment and maintenance of the grant program, and preparation and maintenance ofpayroll and related wage records. PVEA-Feb00 3 FEBRUARY 2000 1 , 1 • • AWARD #NEV- 99 - 004 Any projects included in SEP must submit an amoral energy savings report. The reports are to be submitted during the first quarter of each calendar year. Instructions and forms necessary to submit the reports will be provided to recipients by the Commission Project Manager. The report must reflect both the planned energy savings and the estimated actual energy savings for the reporting year. Planned energy savings reflect the estimate of the annount of energy to be saved in the current ear by implementing a particular program measure. Estimated actual energy savings reflect the approximate value of Btu saved as a result of the program measure. 6. RESTRICTIONS ON FUNDS- SUPPLANTING Grant fiords may not be used to supplant (i.e., take the place of) previously budgeted fiords for this project, whether recipient fiords or finding from other grants. This includes budgeting for staff, contractors, or supplies. Funds may be used to supplement an existing budget. 7. PRODUCTS Unless otherwise directed, draft copies of all products identified in the Work Statement shall be submitted to the Commission Project Manager. All products are subject to the review and approval of the Commission Project Manager. The recipient will incorporate any applicable comments and submit an original and two copies of the final version to the Commission Project Manager. S. QUARTERLY PROGRESS REPORTS The recipient shall submit quarterly progress reports to the Commission Project Manager. They are due according to the following schedule. Quarter Report Due January- March April 5 April -June July 5 July- September October 5 October-December January 5 PVEA-Feb00 4 FEBRUARY 2000 AWARD#NEV- 99 - 004 Each progress report should include a discussion of the status of each of the following: Work Statement: This section should include a brief restatement of the approved tasks in the Work Statement and a report on the status of each. Included should be a discussion of any products due and whether or not the project is progressing according to schedule. This section also should include a discussion of any problems encountered, proposed changes to the tasks in the Work Statement, and anticipated accomplishments in the upcoming quarter. Financial Status: This section should include a task-by-task narrative report comparing costs to date with the approved Budget. The report should state whether or not the project is progressing within the approved Budget and discuss any proposed changes. 9. GENERAL TERMS a. The recipient, and the agents and employees of the recipient, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. b. Without the written consent of the Commission, this agreement is not assignable or transferable by borrower either in whole or in part. C. Time is of the essence in this agreement. d. Any report, brochure, or product produced as a result of work funded by this program shall not be represented to be endorsed by the Commission, and any documents shall include the following statement: LEGAL NOTICE This document was prepared as a result of work sponsored by the California Energy Commission. It does not necessarily represent the views of the Energy Commission, its employees, or the State of California. The Commission, the State of California, its employees, contractors, and subcontractors make no warranty, express or implied, and assume no legal liability for the information in this document; nor does any party represent that the use of this information will not infringe upon privately owned rights. C. The Commission reserves the right to use and reproduce all reports and data produced and delivered pursuant to this agreement, and reserves the right to authorize others to use or reproduce such materials. Each report becomes the property of the Commission. PVCA-Feb0e 5 FEBRUARY 2000 AWARD #NEV - 99 - 004 10. AMENDMENTS Changes or amendments to any component of the grant agreement can be made only with prior written approval from the Commission. All requests must be submitted directly to the Commission Project Manager and include a description of the proposed change, revised attachment(s), and the reasons for the change. After review by the Conunission Project Manager and Grants and Loans Office, a written decision will be provided to the recipient. If the change is approved, the affected sections of the agreement will be amended and signed by the Commission Project Manager, Grants and Loans Office, and the recipient's authorized representative. If the requested change is not approved, the Commission Project Manager will provide a full explanation. 11. CONTRACTING AND PROCUREMENT PROCEDURES The recipient is required, where feasible, to employ contracting and procurement practices that promote open competition for all goods and services needed to complete this project. All contracts and subcontracts over certain amounts must be bid competitively, and sole source contracts over certain amounts are subject to specific criteria. The relevant amounts and criteria are specified in the OMB Circulars incorporated by reference in this agreement and checked in Section 2. The Commission will defer to the recipient's own regulations and procedures as long as they reflect applicable state and local laws and regulations and are not in conflict with the minimum standards specified in the OMB Circulars incorporated by reference in this agreement and checked in Section 2. Upon request, the recipient must submit to the Commmission Project Manager a copy of all solicitations for services or products required to cant' out the terns of the ftmding agreement and copies of the proposals or bids received. 12. CONTRACTS OR SUBCONTRACTS The recipient shall submit any proposed contracts or subcontracts, except its standard employment contracts for personnel, and any proposed substitution of contracts or subcontracts to the Commission Project Manager for approval prior to the recipient entering into same. The Commission Project Manager shall be notified before termination of any contract or subcontract entered into as part of this project. Executed copies of all contracts and subcontracts shall be submitted to the Commission Project Manager. Each contract or subcontract will contain a provision that further assignments will not be made to any third or subsequent tier contractor without the consent of the Conunission Project Manager. The Commission Project Manager may require a contractor or subcontractor to demonstrate adequate staff resources. PVEA-eeboo 6 FEBRUARY 2000 AWARD #NEV- 99 - 004 All contracts and subcontracts must incorporate all of the following: • A clear and accurate description of the material, products, or services to be procured as well as a detailed budget and timeline. • Provisions which allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. • Provisions for termination by the recipient including termination procedures and the basis for settlement. ® Language conforming to the "Nondiscrimination" discussion in Section 23 of these Terms and Conditions. • Any additional requirements specified in the OMB Circulars incorporated by reference in this agreement and checked in Section 2. • The Standard of Performance provisions specified in Section 18 of this agreement. Failure to comply with the above requirements may result in the termination of this agreement. 13. BONDING AND INSURANCE The recipient will follow their own bonding and insurance requirements relating to bid guarantees, performance bonds, and payment bonds without regard to the dollar value of the contract(s) or subcontract(s) as long as they reflect applicable state and local laws and regulations and are not in conflict with the minimum standards specified in the OMB Circulars incorporated by reference in this agreement and checked in Section 2 of these Terms and Conditions. 14. PERMITS AND CLEARANCES The recipient is responsible for ensuring all necessary permits and environmental documents are prepared and clearances are obtained from the appropriate agencies. PVEA-rc600 7 FEBRUARY 2000 AWARD #NEV - 99 - 004 15. TERMINATION This project may be terminated for any reason set forth below. a. Event of Breach In the event of any breach by the recipient of the conditions set forth in this agreement, the Conmmission may, without prejudice to any of its legal remedies, terminate this agreement upon five (5) days written notice to the recipient. b. State's Option The Commission may, at its option, terminate this agreement in whole or in part, upon giving thirty (30) days advance notice in writing to the recipient by certified mail, return receipt requested. In such event, the recipient agrees to use all reasonable efforts to mitigate the recipient's expenses and obligations hereunder. Also in such event, the Commission shall pay the recipient for all satisfactory services rendered and expenses incurred prior to such notice of termination which could not by reasonable efforts of the recipient have been avoided, but not in excess of the maximum payable under this agreement. 16. TRAVEL AND PER DIEM For purposes of payment, recipient's headquarters shall be considered the location of the recipient's office where the employees assigned responsibilities for this award are permanently assigned. Travel expenditures not listed in this section cannot be reimbursed. Travel not listed in the Budget section of this agreement shall require prior written authorization from the Commission Project Manager. Recipient shall be reimbursed for authorized travel and per diem on the same basis as nomepresented state employees. Where conflicts exist between this section and nonrepresented employee rates, this section shall take precedence. Travel expense claims must detail expenses using the rates listed below, and recipient must sign and date the travel expense claim before submitting the travel expense claim to the Commission for payment. Expenses must be listed by trip including dates and times of departure and return. Travel expense claims and supporting receipts and expense documentation shall be attached to the recipient's Payment Request. A vehicle license number is required when claiming mileage, parking, or toll charges. Questions regarding allowable travel expenses or per diem should be addressed to the Cormmission Project Manager. PVEA-Feb00 8 FEBRUARY 2000 AWARD #NEV- 99 - 004 The rates listed below will be in effect for the term of this agreement and apply to all travel, both in-state and out-of-state, unless and until the rates are revised. a. For travel necessary to the performance of this agreement, recipient shall be reimbursed as follows: (1) Travel by common carrier, airline coach class or equivalent, in accordance with receipts or vouchers verifying expenditure. Receipts must be attached to recipient's travel expense claim. (2) Travel by private or recipient-owned automobile will be reimbursed up to 31 cents per mile. If, however, travel by common carrier is more economical than by automobile, the rate for the common carrier will be reimbursed. (3) Travel by private car to and from the common carrier will be reimbursed at 31 cents per mile, as stated above. (4) Travel by rental car, if less expensive than taxi service. Receipts must be attached to recipient's travel expense claim for car- rental and gas for rental car. Note: insurance coverage is not reimbursable. (5) Parking fees, taxi fees, and public transit fees may be reimbursed, without receipt, for any amount of $10.00 or less. Amounts over $10.00 must be validated with receipts for actual expenses. Business calls will be reimbursed up to $5.00 without receipt. Amounts over $5.00 must be validated with receipts for actual expenses. b. Per diem rates apply to travel more than 50 miles away from recipient's headquarters. The date and time of departure and return must be indicated on recipient's travel expense claim in order to establish appropriate per diem rates. Travel expense claims submitted for reimbursements of per diem without date and time of departure and return will be reduced by the amount of per diem invoiced. No receipts are required for travel meals or incidentals within the rates listed below. However, all meal receipts must be retained for audit by the State or IRS. Per diem is reimbursable as follows: (1) For a trip of less than 24 hours, recipient shall be reimbursed for actual costs up to the maximum allowance for breakfast, dinner, and lodging according to the following table if the recipient's travel time meets the criteria outlined below. PVEA-Feb00 9 FEBRUARY 2000 AWARD #NEV - 99 - 004 Breakfast Up to $ 6.00, if began at or prior to 6 a.m. and terminated at or after 9 a.m. Lunch Not reimbursed on a trip of less than 24 hours Dinner Up to $18.00, if began at or prior to 4 p.m. and tenninated at or after 7 p.m. Incidentals Not reimbursed on a trip of less than 24 hours Lodging Up to $84.00 plus taxes with receipt, except when lodging is in San Francisco, Alameda, San Mateo and Santa Clara counties, and Central/Western Los Angeles*, up to $110.00 plus tax. * Los Angeles area within borders of Sunset Boulevard (North), Pacific Ocean (West), Imperial Boulevard/Freeway 105 (South), and Freeways 110, 10 and 101 (East). Lodging expenses must be substantiated with a receipt. (2) For trips lasting 24 hours or more, recipient will be reimbursed actual costs up to the maximum allowance for meals, lodging, and incidentals according to the following table for each complete 24-hour period, beginning with the time of departure. For each 24-hour period: Breakfast Up to $ 6.00 Lunch Up to $10.00 Dinner Up to $18.00 Incidentals Up to $ 6.00 Lodging Up to $84.00 plus taxes with receipt, except when lodging is in San Francisco, Alameda, San Mateo and Santa Clara counties, and Central/Western Los Angeles*, up to 5110.00 plus tax. * Los Angeles area within borders of Sunset Boulevard (North), Pacific Ocean (West), Imperial Boulevard/Freeway 105 (South), and Freeways 110, 10 and 101 (East). Lodging expenses must be substantiated with a receipt. PVEA-Feb00 10 FEBRUARY 2000 AWARD #NEV - 99 - 004 For the last fractional part of a travel period of more than 24 hours, recipient will be reimbursed the authorized allowance for meals provided that the expense was incurred and the travel time meets the following requirements: Breakfast: If travel began at or prior to 6 a.m. and terminated at or after 8 a.m. Lunch: If travel began at or prior to 11 a.m. and terminated at or after 2 p.m. Dinner: If travel began at or prior to 5 p.m. and terminated at or after 7 p.m. 17. RIGHTS OF PARTIES a. The Commission shall be granted a no-cost, nonexclusive, nontransferable, irrevocable license to use or have practiced for or on behalf of the State of California the subject invention(s) for governmental purposes. Recipient must obtain agreements to effectuate this clause with all persons or entities obtaining ownership interest in the patented subject inventions. b. The Commission shall be granted the no-cost use of the technical data first produced or specifically used in the performance of this grant. C. The Commission shall be granted a royalty-fi-ee nonexclusive, irrevocable, nontransferable license to produce, translate, publish, use and dispose of, and to authorize others to produce, translate, publish, use and dispose of all copyrightable material first produced or composed in the performance of this grant. 18. STANDARD OF PERFORMANCE Recipient, its subcontractors and their employees, in the performance of recipient's work under this award shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the scientific and engineering fields. Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re-performance of the work, as directed by Commission Project Manager or his or her designee, shall be bome in total by recipient and not the Connrnission. The failure of a project to achieve the performance goals and objectives stated in the Work Statement is not a basis for requesting re-performance unless the work conducted by recipient and/or its subcontractors is deemed by the Commission to have failed the foregoing standard of performance. PVEA-Feb00 I I FEBRUARY 2000 AWARD #NEV - 99 - 004 In the event recipient/subcontractor fails to perform in accordance with the above standard: a. Recipient/subcontractor will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of the Commission Project Manager. Any work re-performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved. Recipient/subcontractor shall work any overtime required to meet the deadline for the task at no additional cost to the Commission; b. The Cormnission shall provide a new schedule for the re-performance of any task pursuant to this paragraph in the event that re-perfomlance of a task within the original time limitations is not feasible; and C. The Commission shall have the option to direct recipient/subcontractor not to re- perform any task which was not performed to the reasonable satisfaction of the Commission Project Manager pursuant to application of(1) and (2) above. In the event the Commission directs recipient/subcontractor not to re-perform a task, the Commission and recipient shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the Commission's right to reimbursement. Nothing contained in this section is intended to limit any of the rights or remedies which the Commission may have under law. 19. PAYMENT OF FUNDS a. Payment Requests The recipient may request payment from the Commission at any time during the term of this agreement although it is preferred that payment requests be submitted with the quarterly progress reports. Payments will generally be made on a reimbursement basis for recipient expenditures, i.e., after the recipient has paid for a service, product, supplies, or other approved budget item. No reimbursement for food or beverages shall be made other than allowable per diem charges. As a general rule, advance payments are not allowed. The Commission, at its sole discretion, may honor advance payment requests if warranted by compelling need. If any advance payments are received from the Commission, they must be deposited in a separate interest-bearing account. Funds in this award have a limited period in which they must be expended. All recipient expenditures must occur prior to the end of the tern of this agreement. NveA-Feb00 12 FEBRUARY 2000 AWARD #NEV- 99 - 004 b. Documentation All payment requests must be submitted using a completed Payment Request form (Exhibit A). This form must be accompanied by an itemized list of all charges and copies of all receipts or invoices necessary to document these charges for both Commission and match share. Any payment request that is submitted without the itemization will not be authorized. If the itemization or documentation is incomplete, inadequate, or inaccurate, the Commission Project Manager will inform the recipient and hold the invoice until all required information is received or corrected. Any penalties imposed on the recipient by a contractor because of delays in payment will be paid by the recipient. C. Release of Funds The Commission Project Manager will not process any payment request during the agreement term if the following conditions have not been met: • All required quarterly reports have been submitted and are satisfactory to the Commission Project Manager. • All applicable special conditions have been met. • All appropriate permits or pen-nit waivers from governmental agencies have been issued to the recipient and copies have been received by the Commission Project Manager. • All products due have been submitted and are satisfactory to the Commission Project Manager. • Other prepayment conditions as may be required by the Commission Project Manager have been met. Such conditions will be specified in writing ahead of time, if possible. d. Retention It is the Commission's policy to retain 10 percent of any payment request or 10 percent of the total Commission award at the end of the project. After the project is complete the recipient must submit a completed payment request form requesting release of the retention. The Commission Project Manager will review the project file and, when satisfied that the terms of the funding agreement have been fulfilled, will authorize release of the retention. PVEA-FebOO 13 FEBRUARY 2000 AWARD#NEV- 99 - 004 20. FINAL ADMINISTRATIVE REPORT A draft final report shall be submitted to the Commission Project Manager no later than 60 days prior to the end of the agreement term. The report shall include: • Table of Contents. • Abstract. • A brief summary of the project and how these objectives were accomplished. • Airy findings, conclusions, or recommendations for follow-up or ongoing activities that might result from the successful completion of the project. • A statement of fixture intent of the grant recipient to maintain or father develop the proj ect. • A Payment Request form for the final payment (including any retention). • A consolidated list of contractors and subcontractors fa ided in whole or in part by the grant recipient. hiclude the name, address, concise statement of work done, period, and value or each. The Connnission Project Manager will review the draft report. The recipient will incorporate applicable conmzents and submit the final report (the original and two copies) to the Commission Project Manager. Upon receipt of the final report, the Commission Project Manager shall ensure that all work has been satisfactorily completed and any unused advanced funds and interest on such funds is refunded to the state. Refunds are due to the Commission within 60 days after the project is completed. Payment should be made by check or money order made payable to the California Energy Commission. 21. FISCAL ACCOUNTING REQUIREMENTS Unless otherwise excepted, the recipient shall review and comply with the administrative requirements outlined in the applicable sections of the applicable OMB circulars incorporated as part of the funding agreement. The circulars are supplemented with the following requirements. PVCA-Feb00 14 FEBRUARY 2000 AWARD #NEV - 99 - 004 a. Accounting and Financial Methods The recipient shall establish a separate ledger account or fund for receipt and disbursement of Commission fiords for each project funded by the Commission. Expenditure details must be maintained in accordance with the approved budget details using appropriate accounting practices. b. Retention of Records The recipient shall retain all project records (including financial records, progress reports, and payment requests) for a minimum of three (3) years after the project has been formally concluded unless otherwise specified in the funding agreement. C. Audits Upon written request from the Commission, the recipient shall provide detailed documentation of all expenses at any time throughout the project. In addition, the recipient agrees to allow the Commission or any other agency of the state, upon written request, to have reasonable access to and the right of inspection of all records that pertain to the project during the term of this agreement and for a period of three (3) years thereafter. Further, the recipient agrees to incorporate an audit of this project within any scheduled audits, when specifically requested by the state. Recipients are strongly encouraged to conduct annual audits in accordance with the single audit concept. The recipient should provide two copies of the independent audit report and any resulting continents and correspondence to the Cormmission Project Manager within 30 days of the completion of such audits. d. Project Income Interest earned on payments from the Commission must be reported to the Commission Project Manager. Interest earned by the recipient may be used, with prio r written approval from the Commission Project Manager, to supplement the Commission award. Any earned interest that is not used to supplement the award must be returned to the Commission at the end of the project. e. Match Share If the grant Budget includes match share, the recipient's commitment of financial and persomiel resources, as described in this agreement, is a required match for receipt of Commission funds. The recipient must maintain accounting records detailing the expenditure of the match share (actual cash and in-kind services), and provide complete documentation of expenditures as described in Section 19. PVEA-Feb00 15 FEBRUARY 2000 AWARD #NEV- 99 - 004 22. INDEMNIFICATION The recipient agrees to indemnify, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or resulting to recipient and to any and all contractors, subcontractors,materialmen, laborers, and arty other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the recipient in the performance of this agreement. 23. NONDISCRIMINATION-STATEMENT OF COMPLIANCE a. The recipient's signature and dating of this agreement shall constitute a certification Linder penalty of peijury under the laws of the State of California that the recipient has, unless specifically exempted, complied with Govenmient Code Section 12990 and California Code of Regulations, Title 2, Div. 4, Ch. 5 in matters relating to the development, implementation, and maintenance of a nondiscrimination program. The recipient agrees not to unlawfully discriminate against any employee or applicants for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age (over forty). b. During the performance of this agreement, the recipient and its contractors and subcontractors shall not deny the agreement's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. The recipient shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. c. The recipient shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2, of the Govennnent Code (Goverument Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. d. The recipient and its contractors and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. PVEA-Feb00 16 FEBRUARY 2000 AWARD #NEV - 99 - 004 e. The recipient shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this agreement. 24. DRUG-FREE WORKPLACE CERTIFICATION By signing this agreement, the recipient hereby certifies under penalty of perjury under the laws of the State of California that the recipient will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a). b. Establish a Drums Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: (1) The dangers of drug abuse in the workplace; (2) The person's or organization's policy of maintaining a drug-free workplace; (3) Any available counseling, rehabilitation, and employee assistance programs; and (4) Penalties that may be imposed upon employees for drug abuse violations. C. Provide, as required by Govermlent Code Section 8355(c), that every employee who works on the proposed project: (1) Will receive a copy of the company's drug-free policy statement; and (2) Will agree to abide by the terms of the company's statement as a condition of employment on the project. Failure to comply with these requirements may result in suspension of payments under the agreement or termination of the agreement or both, and the recipient may be ineligible for any future state awards if the Commission determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. I'VEA-Feb00 17 FEBRUARY 2000 AWARD #NEV - 99 - 004 25. DISPUTES In the event of a Agreement dispute or grievance between Recipient and the Cormnission, the following two-step procedure shall be followed by both parties: a. Commission Dispute Resolution The Recipient shall first discuss the problem informally with the Conmmission Project Manager. If the problem cannot be resolved at this stage, the Recipient must direct the grievance together with any evidence, in writing, to the Commission Grants Officer. The grievance must state the issues in the dispute, the legal authority or other basis for the Recipient's position and the remedy sought. The Commission Grants Officer and the Program Office Manager must make a determination on the problem within ten (10) working days after receipt of the written commmucation from the Recipient. The Grants Officer shall respond in writing to the Recipient, indicating a decision supported by reasons. Should the Recipient disagree with the Grants Officer decision, the Recipient may appeal to the second level. The Recipient must prepare a letter indicating why the Grants Officer's decision is unacceptable, attaching to it the Recipient's original statement of the dispute with supporting documents, along with a copy of the Grants Officer's response. This letter shall be sent to the Executive Director at the Commission within ten (10) working days from receipt of the Grants Officer's decision. The Executive Director or designee shall meet with the Recipient to review the issues raised. A written decision signed by the Executive Director or designee shall be returned to the Recipient widen twenty (20) working days of receipt of the Recipient's letter. The Executive Director may exercise the option of presenting the decision to the Commission at a business meeting. Should the Recipient disagree with the Executive Director's decision, the Recipient may appeal to the Commission at a regularly scheduled business meeting. Recipient will be provided with the current procedures for placing the appeal on a Commission Business Meeting Agenda. b. Binding Arbitration Should the Commission's Dispute Resolution procedure identified in paragraph B. above fail to resolve a agreement dispute or grievance to the satisfaction of the Recipient, the Recipient may elect to have the dispute or grievance resolved through binding arbitration. The Commission may also elect to have any agreement dispute or grievance resolved through binding arbitration. The arbitration proceeding shall take place in Sacramento County, Califonua, and shall be governed by the commercial arbitration rules of the American Arbitration Association (AAA) in effect on the date the arbitration is initiated. The dispute or grievance shall be resolved by one (1) arbitrator who is an expert in the particular field of the dispute PVEA-Feb00 18 FEBRUARY 2000 AWARD #NEV- 99 - 004 or grievance. The arbitrator shall be selected in accordance with the aforementioned commercial arbitration rules. The decision rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof. The demand for arbitration shall be made no later than six (6) months after the date of the contract's termination, irrespective of when the dispute or grievance arose, and irrespective of the applicable statute of limitations for a suit based on the dispute or grievance. The cost of arbitration shall be home by the parties as follows: (1) The AAA's administrative fees shall be borne equally by the parties; (2) The expense of a stenographer shall be home by the party requesting a stenographic record; (3) Witness expenses for either side shall be paid by the party producing the witness; (4) Each party shall bear the cost of its own travel expenses; (5) All other expenses shall be home equally by the parties, unless the arbitrator apportions or assesses the expenses otherwise as part of his or her award. At the option of the parties, any or all of these arbitration costs may be deducted from any balance of Agreement fiords. Both parties must agree, in writing, to utilize agreement funds to pay for arbitration costs. 26. WORKERS'COMPENSATION INSURANCE a. Recipient hereby warrants that it carries Worker's Compensation Insurance for all of its employees who will be engaged in the performance of this agreement, and agrees to frimish to the Conunission Project Manager satisfactory evidence of this insurance at any time the Commission Project Manager may request. b. If recipient is self-insured for worker's compensation, it hereby warrants such self- insurance is permissible under the laws of the State of California and agrees to famish to the Commission Project Manager satisfactory evidence of this insurance at any time the Commission Project Manager may request. 27. POLITICAL ACTIVITY LIMITATIONS (HATCH ACT) (only applicable to Warner Amendment funded plants - see section 5 for fimding designation) a. Except for an officer or employee of an educational institution or system, as defined in 5 U.S.C. Section 1501 (4) (B), an employee or officer of a state or local govermnent agency or subdivision, as defined in 5 U.S.C. Section 1501, which receives loans or grants funded by the United States or a federal agency, or which received United States or federal agency funds as payment under a contract, may not: PVEA-reb00 19 EEBRUARY 2000 AWARD #NEV - 99 - 004 (1) Use or attempt to use his or her official authority or position to interfere with or affect the result of an election or nomination for office; (2) Cause or attempt to cause a state or local employee or officer to provide or contribute anything of value to any person or organization for political purposes; or (3) Be a candidate for elective office except in a non-partisan election as defined in 5 U.S.C. Section 1503. b. Subsection (a)(3) of this section does not apply to: (1) The Governor or Lieutenant Governor of a State or a person authorized by law to act as Governor; (2) A duly elected head of an executive department of a state or municipality who is not classified under a state or municipal merit or civil-service system; or (3) An individual holding elective office. 28. NATIONAL LABOR RELATIONS BOARD CERTIFICATION Recipient, by signing this Agreement, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against the Recipient within the immediately preceding two year period because of the Recipient's failure to comply with an order of a Federal Court which orders the Recipient to comply with an order of the National Labor Relations Board (Public Agreement Code Section 10296). 29. AMERICANS WITH DISABILITIES ACT By signing this Agreement, Recipient assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA. PVEA-Feh00 20 FEBRUARY 2000 - IS')ATF OF CALIFORNIA � � CALIFORNIA ENERGY COIbINIISSJ01 FINANCIAL, STATUS REPORT OR PAYMENT REQUEST Payment Request No leant CF.C °II-(a) (Rev 5100) instructions are on the reverse Rccpient Type of Request Amount of this Request and.Addle") Reunbuisement Status Report Only S Release Retention Period Covered by this Request Funding History Funds Requested to Date. S to Funds Received to Date: 5- Grant No. Recipient ID No. Approved Project Term Expenses to Date: $ Funds on Hand. 5 Interest Earned to Date. S to ENERGY COMMISSION SHARE Expenses Expenses Obligations Remaining Line Item Bud et this Period to Date Not Yet Paid Balance Personnel Fringe Benefits Travel Equipment Supplies Contractual Construction Other Indirect TOTAL MATCH SHARE Expenses Expenses Obligations Remaining Line Item Budget this Period to Date Not Yet Paid Balance Personnel Fringe Benefits I! Travel Eerapinent Su lies Contractual Construction Other Induect TOTAL GRAND TOTAL .I RECIPIENT CERTIFICATION ENERGY COMMISSION USE ONLY -NS-) I cenily to the best ofmy knowledge and belief thin this report is correct and complete Amount Authorized and all outla sand obliw Lions are for the purpose;set Forth m the fundmo a^reemenl. Signature of Authorized Certifying Officer Date Retention Yes No ! Type or Print Name and Title Phone Fiscal Year ENERGY COMMISSION APPROVALS Appropriation Code Commission Project Manager Date ACCOUNTING OFFICE USE ONLY Commission Program Manager Date Retention Grants Office - Date Amount Scheduled 22 INSTRUCTIONS Payment Request No.: Begin with the number I on your first show the balance of funds received. ("Finds Received to Date" payment request and consecutively number each subsequent minus "Expenses to Date"equals "Funds on Hand.") payment request. The last payment request should include the notation, "Final." Interest Earned to Date: Show all interest earned on previously advanced funds. Recipient (Name and Complete Address): Same as "Recipient" on the Grant Agreement. Address should include Line Items: The following budget categories apply to all the city,state, and zip code. expenditures invoiced. Type of Request: Indicate if this is a "Reimbursement" or Budget: Show by line item the budget as shown in the "Status Report Only." Be sure to provide backup Grant Agreement. documentation. If no finds are being requested, check "Status Repots Only." Expenses this Period: Show by line item the actual payments made by the recipient during the period Amount of this Request: This line shows the amount covered by this report. currently being requested. Indicate the amount being requested. • Expenses to Date: Show by line item the cumulative Period Covered by this Report: The time period covered by total of all expenses from the beginning of the project this request. The first day of the period should be the day after through and including the period covered by this the last day covered by year previous report. Example: 1/4/99 report. to 3/31/99. Next report would be 4/l/99 to • Obligations Not Yet Paid: Show by line item all Grant No.: Same as "Grant Number" on the Grant Agreement. finds obligated on purchase orders, contracts, etc. for This is the eight digit code assigned by the Energy Commission which you have received an invoice but have not yet (example: 961-93-000). paid. Recipient ID No.: Tlus space is for an account number or Remaining Balance: Show by line item the finds other identifier that may be assigned by the recipient(optional). available for expenses or obligations. "Budget" minus "Expenses to Date" minus "Obligations Not Yet Paid" Approved Project Term: This is the entire project period equals "Remaining Balance." beginning with the date the project starts through the end date. This date should match the "Term" on the Grant Agreement Certification: Name, title and signat re of authorized certifying unless you have received a term extension. official(usually the grant recipient's project manager). Funds Requested to Date: Show the total of all funds Submit original and one copy to: The Commission requested from the Energy Commission prior to this request. Accounting Office. Mail to: Funds Received to Date: Show the total amount of funds California Energy Commission received from the Energy Commission. Accounting Office 1516 Ninth Street,MS#2 Expenses to Date: Show the total Energy Commission Share Sacramento, CA 95814 expenses from the beginning of the project through and including the period covered by this report. This aniount should be the same as the Energy Comnssion Share "Total Expenses to Date." Funds on Hand: This should be filled in only if you have received any advance finds from the Commission. If you have, 23 NEV-99-004 WORK STATEMENT Background This project shall be conducted in accordance with the Recipient's Neighborhood Electric Vehicle Demonstration Program Application. The Recipient's grant application is attached hereto and expressly incorporated as part of this agreement. In the even of a conflict or inconsistency between the terms of this grant agreement (and its incorporated documents) and the Recipient's grant application, this agreement shall be considered controlling. The work to be accomplished under this agreement shall demonstrate the potential for low-speed electric vehicles to substitute for conventional vehicles in a local municipality, local school district and some private uses commuting to and from workplaces, and driving on "designated" surface streets in the City of Palm Springs, California. The following tasks shall be performed as part of this grant agreement. Task 1.0 Participant Recruitment 1.1 Prepare process to recruit demonstration participants and submit draft to Energy Commission Project Manager for review and final approval. Product: Draft copy of recruitment process Due Date: Draft Process: June 2000 Final due July 2000 1.2 Recruit participants via mail, telephone or other means. Product: Recruitment list Due Date: July 2000 1.3 Select Participants 1. Interview potential demonstration participants. 2. Provide a list of demonstration participants to the Energy Commission Project Manager for review and approval. Product: Demonstration Participant List Due Date: July 2000 24 NE V-99-004 WORK STATEMENT Task 2.0 Vehicle Demonstration (21 NEVs) 2.1 Provide a list identifying the type of vehicle (make, model, license, and vehicle identification number) assigned to each demonstration participant to the Energy Commission Project Manager. Product: Vehicle assignment list Due Date: August 2000 2.2 PXP's to manufacturers for NEV purchases Product: Bids submitted from NEV manufacturers Due Date: July/September 2000 2.3 Award contracts for vehicle purchases Product: Contracts awarded Due Date: September/ October 2000 2.4 Deliver vehicles to each participant Product: Delivery of vehicles Due Date: November/December 2000 2.5 Begin vehicle demonstration and data collection and conduct for 12 months. Product: Weekly data collection Due Date: December 2000 to December 2001 Task 3.0 Data Collection Concurrent with Task 2, Lead Agency(City) will collect the following data: demographic information on the participants, daily use patterns, daily vehicle miles traveled, and recharging patterns. Other data to be collected will be the types of roads typically used by drivers, experiences of the drivers, maintenance of the vehicle, and driver compliments or concerns (acceleration, range, price, convenience, etc.) that would affect the market potential for these vehicles. 25 • NEV-99-004 BUDGET Grant Match Fundine Funding Total Salaries and Wages (City) Grant Administrator $0 $4,000.00 $4,000.00 (City) Vehicle Fleet Manager/Staff $0 $1,000.00 $1,000.00 (City) Police Commander/Staff $0 $500.00 $500.00 (City) Public Relations $0 $200.00 $200.00 (City) Secretarial $0 $200.00 $200.00 (School District) Vehicle Fleet Manager/Staff $0 $1,000.00 $1,000.00 (School District) Secretarial $0 $200.00 $200.00 Downtown Development Center $0 $400.00 $400.00 Chamber of Conunerce $0 $400.00 $400.00 SUBTOTAL (Salaries and Wages) SO $7,900.00 $7,900.00 Contractual (Note: $85,000 Grant divided by 21 vehicles=$4,047.62 grant assistance per vehicle) "Municipal" NEV Fleet (up to 17 vehicles) Subtotal "Municipal' Fleet 17 568,810.00 $68,810.00 $137,620.00 "School District" NEV Fleet (up to 4 vehicles) Subtotal "School District" Fleet 4 $16,190.00 516,190.00 $32,380.00 SUBTOTAL (Contractual) 21 $85,000.00 585,000.00 $170,000.06 TOTALS 585,000.00 $92,900.00 $177,900.00 Notes: 5% maximum cap on administration costs for grant funding. "Municipal"may include, but not be limited to: Airport & City Hall, Police Department, Chamber of Commerce, Downtown Development. "School District' may include, but not be limited to: High School Security, Maintenance. 27 Resolution No. 00-0112-08 STATE OF CALIFORNIA State Energy Resources Conservation and Development Commission RESOLUTION WHEREAS the State Energy Resources Conservation and Development Commission recognizes that it is in the interest of the State of California and the national economy to develop alternative energy resources to reduce the nation's dependence on petroleum fuel use for transportation energy, and WHEREAS the State Energy Resources Conservation and Development Commission, consistent with its Strategic Plan, supports the use of alternative fuels and alternative fuels vehicles in California wherever it makes good economic sense, and WHEREAS the Budget Act of 1998, Chapter 324, Statutes of 1998, included appropriations from the Petroleum Violation Escrow Account to the State Energy Resources Conservation and Development Commission for transportation technology advancement and commercialization programs, and WHEREAS, the State Energy Resources Conservation and Development Commission (Energy Commission) approved the Standard Agreement number 500-99-001 on September 22, 1999, between the Energy Commission and the South Coast Air Quality Management District, to pay to the Energy Commission a consideration of$200,000 to support the Energy Commission's Neighborhood Electric Vehicle Demonstration and Evaluation Program, and WHEREAS the State Energy Resources Conservation and Development Commission to achieve its transportation energy program objectives provides demonstration grants to cost share demonstration projects; NOW, therefore, be it resolved that the State Energy Resources Conservation and Development Commission approves the attached list of funding recommendations and authorizes the Executive Director to execute all necessary grant agreements. Dated January 12, 2000 STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION WILLIAM Chairman Resolution No. 00-0112-08 r 28 RESOLUTION ATTACHMENT List of four (4) funding recommendations City of Palm Springs $ 85,000 Anaheim Transportation Network $127,000 Zapworld.com $ 67,615 East Campus Commercialization Organization (ECCO) $ 56,495 Total $336,110 29 RESOLUTION NO. 19787 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IMPLEMENTING THE PALM SPRINGS NEIGHBORHOOD ELECTRIC VEHICLE (NEV) SHORT- COMMUTE FLEET PROGRAM UNDER AN AB1656 GRANT FROM THE CALIFORNIA ENERGY COMMISSION WHEREAS, Chapter 324, Statutes of 1998 (AB 1656), included appropriations from the Petroleum Violation Escrow Account to the California Energy Commission for transportation technology advancement and commercialization programs: and WHEREAS, the California Energy Commission to achieve its transportation energy program objectives provides funds to cost-share neighborhood electric vehicle demonstrations; and WHEREAS, the City of Palm Springs is desirous to implement a project with Energy Commission Neighborhood Electric Vehicle Program funds for the Palm Springs Neighborhood Electric Vehicle (NEV) Short-Commute Fleet Demonstration Program; NOW THEREFORE BE IT RESOLVED that the City of Palm Springs is hereby authorized and empowered to apply for funds and, if recommended for funding, execute in the name of the City of Palm Springs an agreement with the California Energy Commission to implement the Palm Springs Neighborhood Electric Vehicle (NEV) Short- Commute Fleet Program and to execute a Reimbursement Agreement, including a Work Statement and Budget Statement and all other necessary documents to implement and carry out the purposes of this resolution. Adopted this 17th day of May 2000. AYES: Members Jones, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA by /s/ Patricia A. Sanders /s/ Dallas Flicek City Clerk City Manager REVIEWED & APPROVED AS TO FORM r;LttLdY CERflFY IHAf 1HE ruxtGUflbG IS s HSOLUTION No. p A IkUE CUY1 �'I-.--_-�--._______ DULY ADOPTL-D BY ?iHf 4 � 1' COUNCIL OF THE CITY OF PALM SPRINGS IN A MEETIIV tJ� REOF HELD ON THE I__Z A.� DAY OF I'f y . '��d ) "n 1 EDAT PALM SPafNCS, CALL M1'.JIA f HIS ;/ DAY OF _W_,2 3d 7i DEPUTY CITY CLHRK CITY OF PALM SPR TNGS, CA.LiFORpq- 30 SPECIAL CONDITION Recipient shall be responsible for the use and operation of the vehicle(s) in accordance with grant Terms and Conditions, as well as applicable federal, state, local laws, rules regulations, or ordinances. Under no circumstances shall the vehicle(s) be used for any illegal purposes; nor used improperly, for hire, as a public conveyance, or for any political purpose; nor operated by a person under the influence of alcohol or drugs; nor operated in a manner causing depreciation above the normal depreciation associated with general commercial use. Recipient shall be responsible for all parking tickets, tolls, and any traffic citations, fines, or other penalties incurred by reason of their use of the vehicle. 31