HomeMy WebLinkAboutA3996 - SCAQMD AB2766 ELECTRIC PICKUP TRUCKS MO 6145 I SCAQMD
Subvention Fund AB2766
Electric Pickup Trucks
AGREEMENT #3996
M06145, 5-6-98
Contract ivo.x6ziowusr ----
SOUTH COAST AIR DUALITY MANAGEMENT DISTRICT
AB 2766/MSRC LOCAL. GOVERNMENT SUBVENTION FUND
MATCH IPROGRAM CONTRACT
WHEREAS, the parties to this Contract are the South Coast Air Quality Management District
(hereinafter referred to as "AQMD") whose address is 21865 Copley Drive, Diamond Bar,
California 91765, and the City of Palm Springs (hereinafter referred to as "CONTRACTOR")
whose address is 3400 East Tahquitz Canyon Way, Palm Springs, California 92262.
WHEREAS, 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) and AQMD
is authorized under State Health 8, 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; and
WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD's Governing
Board has authorized the imposition of the statutorily set motor vehicle fee and by taking
such action the State's Department of Motor Vehicles (DMV) is required to collect such fee
and remit it periodically to AQMD; and
WHEREAS, State Health and Safety Code Section 44243(c) 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; and
WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile
Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to
fund projects from the separate account and pursuant to approval of the work program by
AQMD's Governing Board, AQMD Board authorized a contract with CONTRACTOR for the
project described in Exhibit "A" (Project Description) incorporated herein and made a part
hereof, and
WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary
Funds as set forth in CONTRACTOR'S AB 2766 Local Government Subvention Match
Program Application dated March 3, 1998.
NOW THEREFORE, the Parties agree as follows:
TERMS AND CONDITIONS OF PERFORMANCE
1. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount
of fee to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR
further acknowledges that AQMD's receipts 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.
2. AUDIT - 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.
3. TERM - The term of this Contract is from date of contract execution by both parties
through completion of the project or July 31, 1999, whichever occurs first unless terminated
earlier as provided for in Paragraph 4 below entitled Termination. All project deliverables and
requests for reimbursement must tie received by July 31, 1999. Failure to meet this deadline
will result in forfeiture of AB 2766 Discretionary Funds. Extensions to this deadline will not be
granted. 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.
4. 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 Exhibits "A" and "C" , this shall constitute a material
breach of the Contract. The non-breaching 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 Paragraph 21 below,
entitled - "Notices." Termination shall not be the exclusive remedy of the non-breaching
party. The non-breaching party reserves the right to seek any and all remedies provided by
law. AQMD reserves the right to terminate this Contract for non-breach and will reimburse
CONTRACTOR for actual costs incurred in performance of this Contract through the
effective date of termination for non-breach.
5. INSURANCE-CONTRACTOR is permissibly self-insured and will maintain self-insurance
in accordance with applicable provisions of California law as evidenced by certificate of self-
insurance provided to AQMD. CONTRACTOR shall maintain such coverage during the term
of this Contract and any extensions thereof. 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.
6. 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.
7. PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Ten Thousand Two Hundred Eight
Dollars ($10,208) 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: Michele Stitzel.
C. No funds shall be paid out to CONTRACTOR pursuant to this contract, until the project
described in Exhibit "A" is completed and proof of completion is provided to AQMD. If the
project described in Exhibit "A" 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, data
collected during project performance, if any, documentation of significant results, and
emissions reduction input data needed for calculation of emissions reductions.
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 25% of the total AB 2766
Subvention Funds applied to the project described in Exhibits "A", "B", and "C" of this
Contract.
F. If, at the completion of the Project described in Exhibit"A", the actual amount of AB 2766
Funds utilized in performance of the project is less than the amount described in Exhibit"B",
the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 25%
of the actual AB 2766 Subvention Fund amount applied to the project.
8. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with
all federal, state, and local laws, ordinances, codes and regulations and orders of public
authorities in the performance of this Contract and to ensure that the provisions of this clause
are included in all subcontracts.
9. EMPLOYEES OF CONTRACTOR
A. 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.
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.
10. OWNERSHIP - Title and full ownership rights to any products purchased or
developed under this Contract shall at all times remain with CONTRACTOR.
11. 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 se .), 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 paragraph and
shall include in each such subcontract language similar to this paragraph.
12. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or
otherwise transferred by either party without the written consent of the other, and any
attempt by either party to do so shall be void upon inception.
13. 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.
14. 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.
15. 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.
16. 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.
17. HEADINGS - Headings on the paragraphs 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.
18. DUPLICATE EXECUTION -This Contract is executed in duplicate. Each signed copy
shall have the force and effect of an original.
19. 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.
20. PRE-CONTRACT COSTS - Any costs incurred by CONTRACTOR prior to AQMD
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, pre-contract cost expenditures authorized by the Contract will be reimbursed in
accordance with the cost schedule: and payment provision of the Contract.
21. 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 Copley Drive
Diamond Bar, CA 91765
Attn: Michele Stitzel
CONTRACTOR:
City of Palm Springs
3400 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Robert L. Mohler
22, 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.
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 AQMD City of Palm Springs
Name of City or nty)
By: By:
Nancy S. Cov (Name) Rob W. Parkins
Contracts Manager, South Coast AQMD
Date: �CJ
(Title) City Manager
��� �
Witness
By /
APPROVED AS
(Name) Judith Sumich
Vr'1:'ZornGp".,., _ WF (Title) City Clerk
rlaiA
Date March 2, 1998
APPROVED S TO FORM:
Peter Greenw, d, eneral Counsel
By:
EXHIBIT A: PROJECT DESCRIPTION/STATEMENT OF WORK
1 . Project Goals and Objectives:
To substitute two (2) gasoline powered pickup trucks at the Palm Springs Regional
Airport with two (2) clean non-polluting electric powered (EV Ford Pickup trucks) in the
City's continuing efforts to convert to a "clean" vehicle fleet in Palm Springs, CA.
2. Scope of Work:
Task 1. Procurement: Purchase two (2) each 1998 Ford Ranger EV pickup trucks and
Power Charging Station (Post 2 - station type). Bid specification will be prepared and
bids advertised by the City Procurement Division.
Task 2. Implementation: Replace two (2) existing smog producing gasoline powered
pickup trucks with the two new clean air 1998 Ford Ranger EV's in the Palm Springs
Regional Airport fleet for daily airport operations trips.
Task 3. Monitor Program: Monitor experiences with the two new EV's by keeping a
daily log for each indicating use of vehicle, charging routine, distances traveled and
comparative operational costs for a one-year period from date of delivery.
Task 4. Interim Report: An interim report will be submitted and include, at a
minimum: a) tasks completed to date; b) issues identified and resolved; project cost
and/or schedule modifications, if any.
Task 5. Final Report: At the completion of the one-year monitoring program, the City
will submit a final report documenting overall project results. The report will document
the quantitative data resulting from the monitoring program and interim report tasks.
3. Project End Products and Deliverables:
A. Purchase and implementation of two new EV's.
B. Interim Report
C. Final Report
EXHIBIT B: PROJECT COST BREAKDOWN
(Please return this page as part of your Project Application)
A. Please provide the following information regarding project funding:
What is your Current Unallocated AB 2766 Subvention Fund Balance? $ 40,834
B. Please provide the following Project Cost by Category Information:
PROJECT COST BY FUNDING CATEGORY AMOUNT
1. AB 2766 SUBVENTION FUNDS (existing unallocated funds) $ 40,834
2. AB 2766 SUBVENTION FUNDS FROM FY 1997-'98 $ G
3. MSRC DISCRETIONARY FUNDS REQUESTED $ 10,208
4. ADDITIONAL PROJECT CO-FUNDING $ 41 ,393
5. TOTAL PROJECT COST $ 92,435
YES NO
Is the MSRC match funding request less than or equal to 25% of the O
proposed AB 2766 Subvention Fund amount?
Is the MSRC match funding request less than or equal to 20% of the [
Total Proposed Project Cost?
Does the applicant have sufficient funds available to cover the total
project cost, considering that MSRC match funds are available on a
reimbursement-basis only?
Does the applicant have sufficient funds available to cover ANY cost 0
increases, considering that increases in MSRC match funding will not
be available?
C. Please list all funding sources other than AB 2766 Subvention or MSRC
Discretionary Match funds:
NON-AB 27661MSRC FUNDING SOURCE AMOUNT
1. City General Fund $ 21 ,393
2' MSRC Electric Vehicle Buy-Down ($5000 per $ 10,000
3 vehicle $
Ford Mn .ar Co. EV TnrentivP In,onn
4, ( $5000 per vehicle) $
5. $
TOTAL OTHER PROJECT CO-FUNDING: $ 41 ,393
2
D. As applicable, please list all project costs by cost element. Please provide as much
detail as practicable when detailing project costs. For example, please provide labor
categories, hourly rates, number of hours, etc. when defining labor costs. Please
return this page as part of your Project Application:
CAPITAL EQUIPMENT COSTS (VEHICLE PURCHASE, ETC.):
Two (2) each Ford Ranger EV Pickup Trucks
...........@....$.3.4.,A.7.>,.,..S.Q....ea.......................................................................................................... $ 68. 943
... ....Air.._conditignin.g....S.$.l..v_700.._X.._Z).
....-........................................................ $ 3,540
3. Spare tire & jack ($171 x 2) $ 342
...........................................................................................................................................................
4. Tax, license, doc. fees ($2555 x 2)= $ 5, 110
...................................................................................................................................................................
5. Power charging station (post $2000 plus $1000 $ 3,000
..................................................................................................................................................... . ...
TOTAL CAPITAL EQUIPMENT COSTS: installation 80, 935
DIRECT LABOR COSTS:
Transportation &
1' Grants Mana er 501abor hours X 60 $/hour= $ 3 ,000
........ ......................................z.....................................................I...
2 Vehicle Maint Mgr 501aborhours X 50 $/hour= $ 2,500
...............................................................................................................................................................
3. Airport Operations 501aborhoursX 30 $/hour= $ 1 , 500
.................. ......................................................................................................................................
Driver
4. Airport Operations labor hours X $/hour= $
............................. .....................5n...................................3.0................................... " 9nn
TOTt�� CYIE LABOR COSTS: $ 8, 900
OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS:
................................................................. ............................. ................................(
Outreach and Promotion (subcontractor)
$ 1 ,000
................................................................................................................................................................ $
3............................................................................................................................................................ $
................................................................................................................................. ..................
4. $
TOTAL OTHER DIRECT COSTS:.. ......
.........
............
......................
.......
..........
.......... $ 1 ,000
ADMINISTRATIVE COSTS: $ 2,000
TOTAL PROJECT COST. $ 92,435
Please note that the Total Project Cost reflected in subsections B and D, above, should
be consistent.
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EXHIBIT C: PROJECT MILESTONE SCHEDULE
MILESTONE COMPLETION DATE
Task 1. Procurement May 30, 1998
Task 2. Implementation June 30, 1998
Task 3. Monitor Program June 30, 1998 thru June 30, 1999
Task 4. Interim Report December 30, 1998
Task 5, Final Report June 30, 1999
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