2019 South Coast Air Quality Management District - Clean Transportation Funding MSRCta Qa�fra
— GEM jrbe DESERT —
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Julie Mignogna, Management Analyst
DATE: March 13, 2019 WA 1, � 6LA
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RE: Mobile Source Air Pollution grant agreement with Clean Transportation
Funding MSRC to install electric vehicle charging stations.
Attached for your signature are two (2) originals of the Mobile Source Air Pollution
agreement for grant funding.
Please sign both of the attached original agreement(s) and return to the City Clerk
for processing and distribution.
Requesting department shall check and attach the items below as appropriate:
X Contract payments will be charged to account number: 235-0000-80100
X Amount of Agreement, Amendment, Change Order, etc.: Approximately $17,000 ion matching funds
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
X no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on October 16, 2018
City Manager's signature authority provided under Resolution No. 2018-014 for budgeted expenditures
of $50,000 or less. This expenditure is $ and authorized by [Council, Director, etc]
Initial to certify that 3 written informal bids or proposals were received and considered in selection
Insurance certificates as req 'red by he agreement {ap rave by Risk Manager on date)
u O/` JIiY`O — — f 6ry 3 -1 3
Performance bonds as required by the agreement (originals)
City of La Quinta Business License number
A requisition for a Purchase Order has been prepared (amounts over $5,000)
A copy of this Cover Memo has been emailed to Finance (Claudia)
Revised May 2017
Clean
Transportation
Funding
from the MSRC
Mobile Source Air Pollution Reduction Review Committee
www,CIeanTransportationFunding.org
May 29, 2019
Julie Mignogna
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Ms. Mignogna:
21865 Copley Drive
Diamond Bar, CA
91765
909.396,3269
Enclosed is a fully executed AB 2766 Discretionary Fund contract for your records. The
contract number is ML18142. Please include your contract number on ALL
correspondence sent to the MSRC when referencing this project. Please address all
correspondence to:
Leah Alfaro
South Coast Air Quality Management District / MSRC
21865 Copley Drive
Diamond Bar, CA 91765
(909) 396-2036
lea h (a7, clea ntra nsp o rtationfu n d i n g. o rg
Included in this letter you will find copies of the MSRC's policies and procedures for
progress reporting and contract modifications, samples of progress reports and invoices
you will be submitting during the contract term, and a copy of the final report format.
Please read this information carefully and keep it in your contract file for future
reference.
Progress Reports
Progress reports should contain all pertinent information related to contract performance
during the specified period. Informative progress reports are critical as they are used to
evaluate the overall performance under the contract. MSRC staff also uses them as a
tool for determining if any MSRC action needs to be taken due to problems or delays. If
for some reason you need to extend the term of your contract or change the scope of the
project, it is very important that you record this in your progress reports and notify us
immediately. Do not change your project/contract without prior approval of the
MSRC.
MEMBER ORGANIZATIONS: California Air Resources Board • Los Angeles County Metropolitan Transportation Authority • Orange County
Transportation Authority • Riverside County Transportation Commission • San Bernardino Couty Transportation Authority • South Coast Air Quality
Management District • Southern California Association of Governments • Regional Ridesharing Agency
City of La Quinta -2-
Please refer to the Schedule of Deliverables in your contract to determine if your reporting
frequency is monthly or quarterly. Quarterly reports are used for contracts with a long
lead-time, for example, buying vehicles or the conversion of vehicles. This basically
covers the Alternative Fuels categories, which includes Public Transit Fleets, School Bus
Fleets, and Fleet Acquisitions. Monthly reporting is typically used for TCM and all other
categories. Exceptions to the monthly reporting rule may be considered if contract
milestones are not triggered for a long length of time.
Note: All heavy-duty contracts include a supplemental requirement for Annual Reports.
Please refer to the Schedule of Deliverables for further details. This reporting requirement
is in addition to the Monthly/Quarterly and Final Reports. All vehicle purchase and fueling
station contracts include the requirement to apply MSRC decals to MSRC-funded
vehicles and/or fueling stations. Decals will be provided by MSRC staff upon notification
that subject fueling station equipment and/or vehicles are placed into service.
A spreadsheet is used by Contracts staff to track the timely submission of progress
reports. This spreadsheet is submitted to the MSRC-TAC and the MSRC for their review
on a monthly basis. Be aware that failure to provide the required documentation of
progress will delay the payment of any invoices that are submitted on the contract and
can result in termination of your contract. You will find the "Policy to Terminate Contracts
Due to Lack of Progress/Response by Contractors" and a sample progress report
attached. Please refer to the Contract for reporting guidelines.
Contract Modifications
Any requests for contract modifications must be submitted to the MSRC Contract
Administration staff in writing. Requests must be submitted at least ten days prior to the
monthly MSRC-TAC meeting (typically held on the first Thursday of each month). The
procedure for presenting your request to the MSRC for approval and the processing of
subsequent paperwork takes approximately six to eight weeks to complete.
Upon receipt, your request will be presented to a subcommittee for evaluation. The
subcommittee will present its recommendation to the MSRC-TAC, and the TAC will make
a recommendation to the MSRC. The MSRC will grant final approval or disapproval of
the request. Any contract changes made without prior approval of the MSRC will
be at the contractor's own risk. If the MSRC does not approve the change, the
contractor will not be reimbursed for any costs incurred as a result of the
unapproved change. The "Policy for Contract Modifications" is attached.
Invoicing
Funds are dispersed on a reimbursement basis. Invoices must be submitted on your
company/agency letterhead. Supporting documentation of individual charges, including
equipment, materials, supplies, subcontractors and other charges, is required for all
AB 2766 expenditures. Contractor's failure to provide receipts shall be grounds for
nonpayment of such charges.
City of La Quinta -3-
If any billed expenses are for Contractor's direct labor, they must be detailed in terms of
number of hours by task, hourly rate, and professional category. Co -funding expenditures
for the billing period must also be tracked and documented when invoicing for AB 2766
funds. For projects that involve the purchase of vehicles, a Letter of Certification and a
Delivery Receipt should be included. Refer to your agreement for specific guidelines.
Promotion
Your contract has an outreach requirement to promote the MSRC's co -funding of this
project to the media and/or community. Please refer to your contract to determine what
outreach requirements are necessary.
Final Reports
Per the contract, a comprehensive final report shall be provided to the MSRC prior to
the end of the contract term. The final report shall follow the MSRC's Final Report
Format and is subject to review and approval by the MSRC. You are required to submit
the final report in hard copy, as well as electronically, in a single Microsoft Word or Adobe
Portable Document Format document. Project photographs are also to be submitted
electronically. The Final Report Format is enclosed with this letter and is also available
on the Clean Transportation Funding website under Contractor Resources.
I hope this letter answers most of your questions. Please feel free to call me at
(909) 396-3269 to discuss any problems or concerns you may have.
Sincerely,
Cynthia Ravenstein
MSRC Contracts Administrator
Encl: Executed Contract
Policy to Terminate Contracts
Progress Report Template
Policy on Contract Modification
South Coast AQMD Standard Photo Release Form
Sample Outreach Plan
South Coast e Clean Contract No. ML18142
AirQuality Management District Transportation
Q ty g Funding
F from the MSRC
AB 2766/MSRC LOCAL GOVERNMENT PARTNERSHIP PROGRAM CONTRACT
PARTIES
The parties to this contract ("Contract") are the South Coast Air Quality Management District (referred to here
as "SCAQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the City of
La Quinta (referred to here as "CONTRACTOR") whose address is 78495 Calle Tampico, La Quinta,
California 92253.
2. RECITALS
A. SCAQMD is the local agency with primary responsibility for regulating stationary source air pollution
within the geographical boundaries of the South Coast Air Quality Management District in the State of
California (State). SCAQMD is authorized under State Health & Safety Code Section 44225 (AB 2766)
to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to
implement the California Clean Air Act.
B. Under AB 2766, SCAQMD's Governing Board has authorized the imposition of the statutorily set motor
vehicle fee. By taking such action, the State's Department of Motor Vehicles (DMV) is required to collect
such fee and remit it periodically to SCAQMD.
C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by
SCAQMD into a separate account for the sole purpose of implementing and monitoring programs to
reduce air pollution from motor vehicles.
D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to
develop a work program to fund projects from the separate account. Pursuant to approval of the work
program by SCAQMD's Governing Board, SCAQMD authorized this Contract with CONTRACTOR for
equipment or services described in Attachment 1 - Statement of Work, expressly incorporated herein by
this reference and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in
CONTRACTOR's Local Government Partnership Program Proposal dated July 24, 2018.
F. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax
standing with the California Franchise Tax Board.
G. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney.
3. DMV FEES
CONTRACTOR acknowledges that SCAQMD cannot guarantee that the amount of fees to be collected
under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that payment
under this Contract is contingent upon SCAQMD receiving sufficient funds from the DMV, and that SCAQMD
assumes no responsibility for the collection and remittance of motor vehicle registration fees.
4. AUDIT AND RECORDS RETENTION
A. 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 SCAQMD 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.
B. CONTRACTOR agrees to maintain records related to this Contract during the Contract term and
continue to retain these records for a period of two years beyond the Contract term, except that in no
Contract No. ML18142
case shall CONTRACTOR be required to retain more than the most recent five years' records.
SCAQMD shall coordinate such audit through CONTRACTOR'S audit staff.
C. If an amount is found to be inappropriately expended, SCAQMD may withhold funding, or seek
reimbursement, from CONTRACTOR in the amount equal to the amount that was inappropriately
expended. Such withholding shall not be construed as SCAQMD's sole remedy and shall not relieve
CONTRACTOR of its obligation to perform under the terms of this Contract.
5. TERM
The term of this Contract is for forty six (46) months from the date of execution by both parties, unless
terminated earlier as provided for in the TERMINATION clause of this Contract, the EARLY TERMINATION
clause, or the term is extended by amendment of this Contract in writing. 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, subject to the provisions stated in the PRE -CONTRACT COSTS clause of this
Contract.
6. SUCCESSORS -IN -INTEREST
This Contract, and the obligations arising under the Contract, shall be binding on and inure to the benefit of
CONTRACTOR and their executors, administrators, successors, and assigns.
7. REPORTING
CONTRACTOR shall submit reports to SCAQMD as outlined in Attachment 1 - Statement of Work.
SCAQMD reserves the right to review, comment, and request changes to any report produced as a result of
this Contract.
8. TERMINATION
A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide
services in the manner agreed upon by the parties, including, but not limited to, the requirements of
Attachment 1 - Statement of Work, this failure shall constitute a breach of this Contract. The non -
breaching party shall notify the breaching party that it must cure this breach or provide written notification
of its intention to terminate this contract. Notification shall be provided in the manner set forth in the
NOTICES clause of this Contract. The non -breaching party reserves all rights under law and equity to
enforce this Contract and recover damages.
B. SCAQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30)
days' written notice. Once such notice has been given, CONTRACTOR shall, except as and to the
extent or directed otherwise by SCAQMD, discontinue any Work being performed under this Contract
and cancel any of CONTRACTOR's orders for materials, facilities, and supplies in connection with such
Work, and shall use its best efforts to procure termination of existing subcontracts upon terms
satisfactory to SCAQMD. Thereafter, CONTRACTOR shall perform only such services as may be
necessary to preserve and protect any Work already in progress and to dispose of any property as
requested by SCAQMD.
C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the
effective date of termination under section B of the TERMINATION clause of this Contract. Before
expiration of the thirty (30) days' written notice, CONTRACTOR shall promptly deliver to SCAQMD all
copies of documents and other information and data prepared or developed by CONTRACTOR under
this Contract with the exception of a record copy of such materials, which may be retained by
CONTRACTOR.
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Contract No. ML18142
9. EARLY TERMINATION
This Contract may be terminated early due to the following circumstances: The infrastructure identified in
Attachment 1, Statement of Work, becomes inoperable, and is either not technically able to be repaired, or is
too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance.
10. STOP WORK
SCAQMD may, at any time, by written notice to CONTRACTOR, require CONTRACTOR to stop all or any
part of the Statement of Work tasks in this Contract. A stop work order may be issued for reasons including,
but not limited to, the project exceeding the budget, out of scope work, delay in project schedule, or
misrepresentations. Upon receipt of the stop work order, CONTRACTOR shall immediately take all
necessary steps to comply with the order. CONTRACTOR shall resume the work only upon receipt of
written instructions from SCAQMD cancelling the stop work order. CONTRACTOR agrees and understands
that CONTRACTOR will not be paid for performing work while the stop work order is in effect, unless
SCAQMD agrees to do so in its written cancellation of the stop work order.
11. INSURANCE
CONTRACTOR represents that it is permissibly self -insured and will maintain such self-insurance in
accordance with applicable provisions of California law throughout the term of this Contract. CONTRACTOR
shall provide evidence of sufficient coverage during the term of this Contract and any extensions thereof that
meet or exceed the minimum requirements set forth by the SCAQMD below. The certificate of self-insurance
shall be mailed to: SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765-4178, Attention: Cynthia
Ravenstein, MSRC Contracts Administrator. The SCAQMD Contract Number must be included on the
face of the certificate. If CONTRACTOR fails to maintain the required insurance coverage, SCAQMD
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. Minimum insurance coverages are as
follows:
A. Worker's compensation insurance in accordance with either California or other state's
applicable statutory requirements.
B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and
$2,000,000 in general aggregate.
C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per
accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined
single limit for bodily injury or property damage.
12. INDEMNIFICATION
CONTRACTOR agrees to hold harmless, defend and indemnify SCAQMD, its officers, employees, agents,
representatives, and successors -in -interest against any and all loss, damage, costs, lawsuits, claims,
demands, causes of action, judgments, attorney's fees, or any other expenses arising from or related to any
third party claim against SCAQMD, its officers, employees, agents, representatives, or successors in interest
that arise or result in whole or in part, from any actual or alleged act or omission of CONTRACTOR, its
employees, subcontractors, agents or representatives in the performance of this Contract. This
Indemnification Clause shall survive the expiration or termination (for any reason) of the Contract and `shall
remain in full force and effect.
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Contract No. ML18142
13. DISCLAIMER OF WARRANTY
The purchase or lease of funded vehicles/equipment is the CONTRACTOR's decision. The SCAQMD does
not make any express or implied warranty of merchantability, fitness for a particular purpose or otherwise,
quality or usefulness of the technology or product. Without limiting the foregoing, the SCAQMD will not be
financially responsible, or otherwise liable, for the installation or performance of the vehicle/equipment.
14. PAYMENT
A. SCAQMD shall reimburse CONTRACTOR up to a total amount of Fifty One Thousand Seven Hundred
Eighty Dollars ($51,780) in accordance with Attachment 2 - Payment Schedule expressly incorporated
herein by this reference and made a part hereof of the Contract.
B. A withhold amount or percentage (if any) shall be identified in the Payment Schedule, and such amount
shall be withheld from each invoice. Upon satisfactory completion of project and final acceptance of
work and the final report, CONTRACTOR's invoice for the withheld amount shall be released. Proof of
project 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.
C. 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 SCAQMD to CONTRACTOR within
thirty (30) days after approval by SCAQMD of an itemized invoice prepared and furnished by
CONTRACTOR.
D. An invoice submitted to SCAQMD for payment must be prepared in duplicate, on company letterhead,
and list SCAQMD'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 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contracts Administrator
1. Charges for equipment, material, and supply costs, travel expenses, subcontractors, and other
charges, as applicable, must be itemized by CONTRACTOR. Reimbursement for equipment,
material, supplies, subcontractors, and other charges, as applicable, shall be made at actual cost.
Supporting documentation must be provided for all individual charges (with the exception of direct
labor charges provided by CONTRACTOR).
2. SCAQMD shall pay CONTRACTOR for travel -related expenses only if such travel is expressly set
forth in Attachment 2 — Payment Schedule of this Contract or pre -authorized by SCAQMD in
writing.
3. CONTRACTOR's failure to provide receipts shall be grounds for SCAQMD's non -reimbursement of
such charges. CONTRACTOR may reduce payments on invoices by those charges for which
receipts were not provided.
4. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of
this Contract or invoice may not be paid.
15. 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. CONTRACTOR must also ensure that
the vehicles and/or equipment to be purchased, leased or installed in the performance of this Contract are in
compliance with all applicable federal, state, and local air quality rules and regulations, and that it will
4
Contract No. ML18142
maintain compliance for the full Contract term. CONTRACTOR shall ensure that the provisions of this clause
are included in all subcontracts.
16. MOBILE SOURCE EMISSION REDUCTION CREDITS [MSERCs
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be
generated and/or sold.
B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of
the air quality benefits attributable to the project resulted from funding sources other than AB2766.
These MSERCs, which are issued by SCAQMD, are based upon the quantified vehicle miles traveled
(VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective
MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits
funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766-
MSERCs."
C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's
contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary
Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or
repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be
retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be
prorated based upon the AB 2766 program's contribution to the associated air quality benefits.
Determination of the project's overall cost will be on a case -by -case basis at the time an MSERC
application is submitted. SCAQMD staff, at the time an MSERC application is submitted, will calculate
total MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the
MSERCs not associated with AB 2766 funding.
17. NOTICES
All notices that are required under this Contract shall be provided in the manner set forth herein, unless
specified otherwise. Notice to a party shall be delivered to the attention of the person listed below, or to such
other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing
sent by email, U.S. Mail, express, certified, return receipt requested, or a nationally recognized overnight
courier service. In the case of email communications, valid notice shall be deemed to have been delivered
upon sending, provided the sender obtained an electronic confirmation of delivery. Email communications
shall be deemed to have been received on the date of such transmission, provided such date was a
business day (Tuesday -Friday) and delivered prior to 5:30pm Pacific Standard Time. Otherwise, receipt of
email communications shall be deemed to have occurred on the following business day. In the case of U.S.
Mail notice, notice shall be deemed to be received when delivered or five (5) business days after deposit in
the U. S. Mail. In the case of a nationally recognized overnight courier service, notice shall be deemed
received when delivered (written receipt of delivery).
SCAQMD:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contracts Administrator, email: cravenstein@agmd.goy
CONTRACTOR:
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
5
Contract No. ML18142
Attn: Julie Mignogna, email: JMi no na LaauintaCA. ov
18. INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor. CONTRACTOR, its officers, employees, agents,
representatives, or subcontractors shall in no sense be considered employees or agents of SCAQMD, nor
shall CONTRACTOR, its officers, employees, agents, representatives, or subcontractors be entitled to or
eligible to participate in any benefits, privileges, or plans, given or extended by SCAQMD to its employees.
SCAQMD will not supervise, direct, or have control over, or be responsible for, CONTRACTOR's or
subcontractor's means, methods, techniques, work sequences or procedures, or for the safety precautions
and programs incident thereto, or for any failure by them to comply with any local, state, or federal laws, or
rules or regulations, including state minimum wage laws and OSHA requirements.
19. SUBCONTRACTOR APPROVAL
If CONTRACTOR intends to subcontract all or a portion of the work under this Contract, then
CONTRACTOR must first obtain written approval from SCAQMD's Executive Officer or designee prior to
subcontracting any work. Such prior approval applies only to subcontractors not already included in
Attachment 1, Statement of Work. Any material changes to the subcontract(s) that affect the scope of work,
deliverable schedule, and/or payment/cost schedule shall also require the prior written approval of the
Executive Officer or designee. No subcontract charges will be reimbursed unless the required approvals
have been obtained from SCAQMD.
20. OWNERSHIP
Title and full ownership rights to any equipment purchased under this Contract shall at all times remain with
CONTRACTOR.
21. SECURITY INTEREST
CONTRACTOR hereby grants SCAQMD a security interest in any and all equipment purchased, in whole or
in part, with funding provided by SCAQMD pursuant to this Contract. CONTRACTOR acknowledges and
agrees that SCAQMD shall have all lien rights as a secured creditor on any and all equipment purchased in
whole or in part by the CONTRACTOR, under this Contract or any amendments thereto. The SCAQMD shall
have lien rights in effect until the CONTRACTOR satisfies all terms under the Contract, including but not
limited to, the use and reporting requirements. Accordingly, CONTRACTOR further agrees that SCAQMD
is authorized to file a UCC filing statement or similar security instrument to secure its interests in the
equipment that is the subject of the Contract. In the event CONTRACTOR files for bankruptcy protection,
CONTRACTOR shall notify SCAQMD within 10 business days of such filing.
22. NON-DISCRIMINATION
In the performance of this Contract, CONTRACTOR shall not unlawfully discriminate, harass or allow
harassment, against any employee or applicant for employment on the basis of race, religious creed, color,
national origin, ancestry, sex, sexual orientation, age, mental status, medical condition, physical or mental
disability, denial of family and medical care leave, denial of pregnancy disability leave, or reasonable
accommodations. CONTRACTOR shall comply with the provisions of the California Fair Employment &
Housing Act (Government Code Section 12900 et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352)
and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative
rules and regulations issued pursuant to said Acts and Order.
Contract No. MU8142
23. CITIZENSHIP AND ALIEN STATUS
A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and
others, and that its employees performing services hereunder meet the citizenship or alien status
requirements contained in federal and state statutes and regulations including, but not limited to, the
Immigration Reform and Control Act of 1986 (P.L. 99-603). CONTRACTOR shall obtain from all covered
employees performing services hereunder all verification and other documentation of employees'
eligibility status required by federal statutes and regulations as they currently exist and as they may be
hereafter amended. CONTRACTOR shall have a continuing obligation to verify and document the
continuing employment authorization and authorized alien status of employees performing services
under this Contract to insure continued compliance with all federal statutes and regulations.
Notwithstanding the above, CONTRACTOR, in the performance of this Contract, shall not discriminate
against any person in violation of 8 USC Section 1324b.
B. CONTRACTOR shall retain such documentation for all covered employees for the period described by
law. CONTRACTOR shall indemnify, defend, and hold harmless SCAQMD, its officers and employees
from employer sanctions and other liability which may be assessed against CONTRACTOR or
SCAQMD, or both in connection with any alleged violation of federal statutes or regulations pertaining to
the eligibility for employment of persons performing services under this Contract.
24. ASSIGNMENT AND TRANSFER OF EQUIPMENT
A. The rights and responsibilities granted hereby may not be assigned, sold, licensed, or otherwise
transferred by CONTRACTOR without the prior written consent of SCAQMD, and any attempt by
CONTRACTOR to do so shall be void upon inception.
B. CONTRACTOR agrees to obtain SCAQMD's written consent to any assignment, sale, license or transfer
of Equipment, if any, prior to completing the transaction. CONTRACTOR shall inform the proposed
assignee, buyer, licensee or transferee (collectively referred to here as "Buyer") of the terms of this
Contract. CONTRACTOR is responsible for establishing contact between SCAQMD and the Buyer and
shall assist SCAQMD in facilitating the transfer of this Contract's terms and conditions to the Buyer.
CONTRACTOR will not be relieved of the legal obligation to fulfill the terms and conditions of this
Contract until and unless the Buyer has assumed responsibility of this Contract's terms and
conditions through an executed contract with SCAQMD.
25. NON -EFFECT OF WAIVER
The failure of CONTRACTOR or SCAQMD 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.
26. TAX IMPLICATIONS FROM RECEIPT OF MSRC FUNDS
CONTRACTOR is advised to consult a tax attorney regarding potential tax implications from receipt of MSRC
funds.
27. ATTORNEYS' FEES
In the event any action 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.
28. FORCE MAJEURE
A party shall not 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,
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Contract No. ML18142
acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or
transportation, or any similar cause beyond the party's reasonable control.
29. 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.
30. HEADINGS
Headings on the clauses of this Contract are for convenience and reference only, and the words contained
therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or
meaning of the provisions of this Contract.
31. DUPLICATE EXECUTION
This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original.
32. 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 disputes under this
Contract shall be Los Angeles County, California.
33. PRE -CONTRACT COSTS
Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully executed Contract shall be
incurred solely at the risk of the CONTRACTOR. In the event that this Contract is not executed, neither the
MSRC nor the SCAQMD shall be liable for any amounts expended in anticipation of a fully executed
Contract. If this Contract is fully executed, pre -contract cost expenditures authorized by the Contract will be
reimbursed in accordance with the Payment Schedule and payment provision of the Contract.
34. CHANGE TERMS
Changes to any part of this Contract must be requested in writing by CONTRACTOR and approved by
MSRC in accordance with MSRC policies and procedures. CONTRACTOR must make requests a minimum
of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and
signed by the authorized representatives of the parties. Fueling station location changes shall not be
approved under any circumstances.
35. PREVAILING WAGES
CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq.,
and the compliance monitoring and enforcement of such requirements by the Department of Industrial
Relations ("DIR"). CONTRACTOR and all of CONTRACTOR's subcontractors must comply with the
California Public Works Contractor Registration Program and, where applicable, must be registered with the
DIR to participate in public works projects. CONTRACTOR shall be responsible for determining the
applicability of the provisions of California Labor Code and complying with the same, including, without
limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of
per diem wages and the general prevailing rate for holiday and overtime work, making the same available to
any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job
site and flowing all applicable prevailing wage rate requirements to its subcontractors. Proof of compliance
with these requirements must be provided to SCAQMD upon request. CONTRACTOR shall indemnify,
Contract No. ML18142
defend and hold harmless the South Coast Air Quality Management District against any and all claims,
demands, damages, defense costs or liabilities based on failure to adhere to the above referenced statutes.
36. ENTIRE CONTRACT
This Contract represents the entire agreement between CONTRACTOR and SCAQMD. 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 authorized representative of the party against whom enforcement of such waiver, alteration, or
modification is sought.
37. AUTHORITY
The signator hereto represents and warrants that he or she is authorized and empowered and has the legal
capacity to execute this Contract and to legally bind CONTRACTOR both in an operational and financial
capacity and that the requirements and obligations under this Contract are legally enforceable and binding
on CONTRACTOR.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
4
Contract No. ML18142
IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their
behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF LA QUINTA
By: ip -
Dr. William A. Burke, Chairman, Governing Board a
Title: Frank 1. cak, City Manager
Date:
ATTEST:
Denise Garzaro, Clerk of the Board
By:
APPROVED AS TO FORM:
Bayron T. Gilchrist, General Counsel
By:
//MSRC Master Boilerplate
Revised April24, 2018
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
yV 1 V i�Cu.� - r � !f � o
10
Attachment 1
Statement of Work
City of La Quinta
Contract Number ML18142
1. Project
The City of La Quinta (hereinafter referred to as "CONTRACTOR") is to install a total of two "Level
II" type EV charging stations within the City of La Quinta. These stations shall be accessible to
the public 24 hours per day, 7 days per week. Installations must include signage with information
on whom to contact in the event that users encounter malfunctions. All stations shall meet
current Society of Automotive Engineers J1772 standards. Proposed locations are shown in the
table below:
78477 California Highway 111
j 46050 Washington Street
These locations are understood to be tentative; CONTRACTOR shall notify MSRC staff of any
location changes. CONTRACTOR shall be reimbursed according to Attachment 2 — Payment
Schedule.
2. Operation Requirements and Reimbursement for Noncompliance: Level II EV Charming
Stations
CONTRACTOR is obligated to comply with the Operational Availability requirements set forth as
follows:
A. CONTRACTOR commits to ensuring Level II charging stations remain operational in the
original location for a period of no less than three (3) years from the date the station
begins operations in either its initial or expanded capacity. Should CONTRACTOR desire
to deviate from this obligation, for reasons other than those stated in the EARLY
TERMINATION clause of this Contract, CONTRACTOR shall reimburse SCAQMD for a
prorated share of the funds provided for fueling/charging facilities as indicated in the
table below:
3 year Operational Availability Percentage of MSRC Funds to
Obligation Termination ; be Reimbursed
Occurs
Within Year 1 100%
Between Years 1-2 66%
Between Years 2-3 33%
After Year 3 0%
B. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days
from the date the station ceases operation. CONTRACTOR shall not be responsible for any
reimbursement to SCAQMD if the obligation is terminated as a result of one or more
reasons set forth in the EARLY TERMINATION clause of this Contract.
C. The obligations of this section shall survive the expiration of the Contract and continue in
full force and effect until the applicable operational availability period set forth above has
been satisfied.
1
Attachment 1
Statement of Work
City of La Quinta
Contract Number ML18142
3. Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the MSRC's
co -funding of the EV charging stations. Acceptable outreach may include, but is not limited to,
notices in CONTRACTOR mailings to residents, newspaper notices, flyers, and information items
at CONTRACTOR Board meetings and community events. The Public Outreach Plan shall
automatically be deemed approved 30 days following receipt by SCAQMD staff, unless SCAQMD
staff notify CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall
implement the approved Public Outreach Plan in accordance with the Project Schedule below.
4. Reports
Quarterly Reports: Until the EV charging stations commence operation, CONTRACTOR shall
provide quarterly progress reports that summarize the project results to date including, but not
limited to: tasks completed, issues or problems encountered, resolutions implemented, and the
progress to date. Progress reports that do not comply will be returned to the CONTRACTOR as
inadequate.
Final Report: A Final Report shall be submitted by the CONTRACTOR in the format
provided by SCAQMD staff. The Final Report shall include, at a minimum: a) an executive
summary; and b) a detailed discussion of the results and conclusions about this project.
CONTRACTOR will identify any barriers encountered and solutions developed to overcome the
barriers, and the impact of the project on future electric vehicle projects.
5. Project Schedule
CONTRACTOR shall comply with the increments of progress identified in the following chart.
The completion month for each task is based on the date of Contract execution.
Task
Completion
Submit Public Outreach Plan
Month 4
Complete station installations and enter into
service
Month 7
Implement Public Outreach Plan
Month 9
Quarterly reports
Quarterly beginning
with Month 4 until all
stations in service
Final Report
Month 10
Attachment 2
Payment Schedule
City of La Quinta
Contract Number ML18142
Cost Breakdown
Maximum
AB2766
CONTRACTOR
Discretionary
AB2766
Other Funds
Procurement
Funds
Subvention
Applied to
Total Cost
Categories
payable
Funds
Match
under this
Applied
Contract
EV Charging
$51,780
$17,270
$0
$69,050
Stations
No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described
in Attachment 1 is completed and proof of completion is provided to SCAQMD. If the project
described in Attachment 1 is not completed and satisfactory proof of completion is not provided
to SCAQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall
include:
• Representative photos of completed stations;
• A report signed by a responsible official certifying that the station has been completed as
described in Attachment 1; and
• Receipts for equipment and/or invoice(s) from subcontractor(s) performing the installations,
if any.
If, at the completion of the Project, the expenditures are less than the Total Cost amount above,
the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted
,on a prorated basis, so that the amount reimbursed to CONTRACTOR shall not exceed thrice the
actual amount of AB 2766 Subvention and other funds applied.
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.
3
BUSINESS SESSION ITEM NO.
City of La Quinta
CITY COUNCIL MEETING: February 6, 2018
STAFF REPORT
AGENDA TITLE: APPROPRIATE FUNDS, ADOPT A RESOLUTION TO ACKNOWLEDGE RECEIPT
OF THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE "LOCAL
GOVERNMENT PARTNERSHIP PROGRAM" PRESENTATION, AND AUTHORIZE APPLICATION FOR
GRANT FUNDING FOR QUALIFYING CLEAN AIR PROJECTS
RECOMMENDATION
Adopt a resolution acknowledging receipt of Mobile Source Air Pollution Reduction Review
Committee's presentation, authorize submittal of a qualifying project application, and
allocate matching funds in the amount of $17,000 from the City's South Coast Air Quality
Management District Fund; and authorize the City Manager to execute an agreement with
the Mobile Source Air Pollution Reduction Review Committee.
EXECUTIVE SUMMARY
• The Mobile Source Air Pollution Reduction Review Committee (MSRC) offers a Local
Government Partnership Program (Program) that provides funds on a reserved basis
(not competitive basis) to local agencies.
■ The Program funds high priority clean air initiatives, which are consistent with the
South Coast Air Quality District's (SCAQMD) Management Plan.
• In order to participate, Council must adopt a resolution that acknowledges receipt of
the MSRC Clean Transportation Presentation (Attachment 1).
• MSRC funds would be used to install electric vehicle supply equipment (EVSE) in the
Highway 111 and Washington Street corridors for public use.
FISCAL IMporT
Staff anticipates that $17,000 in matching funds will be required. There is $170,200
available for appropriation in the SCAQMD Fund (Account No. 235-0000-80100); these funds
can only be used for emission reduction projects.
BACKGROUND/ANALYSIS
The MSRC funds (minimum $50,000 per city/county) high priority clean -air mobile source
emission reduction projects. To receive funding, the City must adopt a resolution that
acknowledges receipt of the MSRC Clean Transportation Presentation, authorizes
purchases/project(s) and allocates the necessary matching funds, and enter into an
agreement with the MSRC.
It is preferred that jurisdictions use their AB 2766 allocations as matching funds for MSRC
project expenses. These funds are annual allocations from motor vehicle registration fees
cities receive through SCAQMD for projects that reduce air pollution. The City annually
allocates 75% of these funds to Coachella Valley Association of Governments (CVAG) for the
regional street sweeping program, and has accumulated $170,200.
Staff proposes to install EVSE at high traffic areas in the Highway 111 and Washington
Street corridors for public use. MSRC would contribute up to 75% of the project cost with
the remaining 25% of the City match to come from AB 2766 funds.
ALTERNATIVES
Council may elect not to pursue the MSRC funding.
Prepared by: Gilbert Villalpando, Business Analyst
Approved by: Frank J. Spevacek, City Manager
Attachment: 1. MSRC Presentation
RESOLUTION NO. 2018 - 005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING AN APPLICATION FOR
FUNDING AND THE EXECUTION OF A GRANT AGREEMENT
AND ANY AMENDMENTS THERETO FROM THE MOBILE
SOURCE AIR POLUTION REDUCTION 2017 LOCAL
GOVERNMENT PARTNERSHIP PROGRAM
WHEREAS, the City of La Quints is an eligible jurisdiction under the Mobile Source
Air Pollution Reduction Review Committee's (MSRC) Local Government Partnership
Program (Program) as an agency that already participates in the AB 2766 Motor Vehicle
Registration Fee Program; and
WHEREAS, the Local Government Partnership Program sets aside a pro-rata
share of MSRC funding for each city and county within the South Coast Air Quality
Management District (SCAQMD) that participate in the AB 2766 Motor Vehicle
Registration Fee Program, directly supports implementation of the SCAQMD's 2016 Air
Quality Management Plan, educates local government leadership on the SCAQMD's air
quality challenges, and leverages other sources of available funding; and
WHEREAS, the City of La Quinta receives an annual allocation of AB 2766
Subvention Funds of $51,000 and is therefore eligible to receive a MSRC Partnership
match of $51,000 to implement meaningful air pollution reduction project(s);
WHEREAS, the City of La Quinta can receive funding if Council adopts a resolution
acknowledging receipt of the MSCR Clean Transportation presentation, authorizes
proposed project(s), allocates the necessary matching funds, and enters into an
agreement with MSRC.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta,
California, as follows:
SECTION 1. The City Council authorizes matching funds from the City's AB 2766 Fund
Program account in an amount up to and, as necessary, in excess of the MSRC final
grant amount, as required by the program, to offset costs associated with the purchase
and installation of EVSE within the City, as well as other qualifying projects that the City
may submit as part of its grant application program.
SECTION 2. If the Program grant application is approved, the City Manager is authorized
to enter into and sign the grant agreement and any subsequent amendments with the
South Coast Air Quality Management District for the purpose of this grant.
Resolution No. 2018-005
Mobile Source Air Pollution Reduction 2017 Local Government Partnership Program
Adopted: February 6, 2018
Page 2 of 2
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 6th day of February 2018, by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
INDA EVANS, Mayor
City of La Quinta, California
EVE *7k9
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SUSAN MAYSELS, City Cie
City of La Quinta, California
(CITY SEAL)
U� � Jflvi 4 by-1.1k tol�81J,' C
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
C A L I F 0 R N I A
A
March 13, 2019
Cynthia Ravenstein
cravenstein@aqmd.gov
South Coast Air Quality Management District
21865 Copley Drive,
Diamond Bar, CA 91765-4178
Member Name: City of La Quinta
Activity: Mobile Source Air Pollution agreement for grant funding.
Coverage Period: From 12:01 AM on 3/25/2019 to 11:59 PM on 3/25/2020
This Evidence of Coverage is issued on an annual basis and will be reissued every June by the City of La
Quinta until expiration of the written contract.
The City of La Quinta (Member) along with other California public agencies, is a member of the California
Joint Powers Insurance Authority (California JPIA), and participates in the following self-insurance and
commercial insurance program that is administered by the California JPIA for its members:
Primary Liability Program, Including Automobile Liability
Coverage Limit: $1,000,000 per occurrence
Annual Aggregate Limit: $2,000,000
Workers' Compensation Program
Coverage Limits Statutory
Employers Liability $1,000,000
Coverage is subject to all the terms, Definitions, Exclusions, Conditions and Responsibilities of the
Memorandum of Coverage - Primary Liability Program and the Limits of Coverage stated above.
Sincerely,
Jim Thyden
Insurance Programs Manager
cc: Pam Nieto, La Quinta, pnieto@laquintaca.gov
Julie Mignogna, La Quinta, jmignogna@laquintaca.gov
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
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