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Home My WebLink About4/3/2002 - STAFF REPORTS (6) DATE: April 3, 2002 TO: City Council FROM: Grants and Government Affairs Manager APPROVE CLEAN AIR GRANT AGREEMENT WITH COUNTY OF RIVERSIDE FOR COLMAC GRANT FUNDING TOWARDS PURCHASE OF 5 CNG FUELED VEHICLES RECOMMENDATION: It is recommended that the City Council approve a Service Agreement with the County of Riverside, in the amount of $50,000 using Coachella Valley Air Quality Enhancement Fund Grant (CVAQEG) funds (Colmac Program),assisting in purchase of five 2002 Compressed Natural Gas (CNG) Vehicles. SUMMARY: The City, in it's continued effort to improve the air quality in Palm Springs, has a policy to replace existing gasoline or diesel fueled vehicles with clean fuel CNG Vehicles, or other alternative fuels,by attrition when City vehicles are due for replacement.Also the City aggressively pursues outside grant funding to assist in the costs of purchasing alternative fueled vehicles, which are generally more expensive than conventional gasoline vehicles. This is the City's third County CVAQEG Grant, which is funded by the Colmac settlement program. BACKGROUND: On August 24, 2001 City Staff submitted a grunt application to the County of Riverside in response to the County's call for applications for Coachella Valley Air Quality Enhancement Trust Funds (established through settlement of litigation with Colmac Energy, Inc.). The City applied for the maximum $50,000 eligible per agency to assist in the purchase, of 5 CNG vehicles, requesting $10,000 per vehicle. This outside funding will assist in purchase cost of the more expensive CNG type vehicles,which typically cost more than conventional gasoline or diesel fueled vehicles. The City will now have 74 Alternative Fueled Vehicles in its fleetwith the acquisition of the following 5 CNG vehicles($10,000 assistance-each vehicle): PROPOSED CNG VEHICLE: REPLACING EXISTING VEHICLE: 1. 2002 Tymco #210 CNG Street Sweeper 1. Airport Unit#888-88 F350 Diesel Sweeper 2. 2002 Ford F150 Dedicated CNG Pickup 2. Unit#8004-91 GMC (Gas) Pickup 3. 2002 Ford F150 Dedicated CNG Pickup 3. Unit#321-92 Ford Ranger (Gas) Pickup 4. 2002 Ford F150 Dedicated CNG Pickup 4. Unit#2902-92 Ford Ranger (Gas) Pickup 5. 2002 Ford F150 Dedicated CNG Pickup 5. Unit#2907-92 Ford Ranger (Gas) Pickup The $50,000 reimbursement from the County of Riverside will be deposited in Motor Vehicle Reserve (MVR-Alternative Fuel Vehicle) Revenue Account No. 510-39112. APPROVEDar� � ROBERT L. MOHLER City ger Grants and Government Affairs Manager REVIEWED BY DEPT.OF FINANCE Attachments: 1. Minute Order, 2. County of Riverside (CVAQEG) Service Agreement ��V< 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 Qualit; 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 rnean 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. 1 040\ 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. 2 y (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 cnnti ol. 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, 3 �� y 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, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this AGREEMENT. 4 yAr 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) (Title) 5 �� 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 YA7 MINUTE: ORDER NO. APPROVING A SERVICE AGREEMENT WITH THE COUNTY OF RIVERSIDE, IN THE AMOUNT OF $50,000, USING COACHELLA VALLEY AIR QUALITY ENHANCEMENT GRANT (CVAQEG) FUNDS (COLMAC PROGRAM) ASSISTING IN PURCHASE OF FIVE 2002 COMPRESSED NATURAL GAS (CNG) VEHICLES. I HEREBY CERTIFY that this Minute Order approving a Service Agreement with the County of Riverside, in the amount of $50,000, using Coachella Valley Air Quality Enhancement Grant (CVAQEG) Funds (Colmac Program) assisting in purchase of five 2002 Compressed Natural Gas (CNG) vehicles, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of April, 2002. PATRICIA A. SANDERS City Clerk