HomeMy WebLinkAbout05 SCAQMD CONTRACT 06-05-00AGENDA
DATE:
JUNE 5, 2000
Inter-Com
NO. 5
6-5-00
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
POLICE DEPARTMENT
SCAQMD CONTRACT--POLICE BICYCLE PATROL GRANT
RECOMMENDATION
Authorize the acceptance of the proposed SCAQMD 'contract (attached). Contract to be signed by the
Mayor for the City of Tustin.
FISCAL IMPACT
The contract requires approximate matching funds be expended by the City of Tustin. Past
expenditures are permitted. The City of Tustin is required to expend Nine Thousand Three Hundred
Dollars ($9,300). The required amount has neady been met. including the initial purchase of equipment
utilizing a Five Thousand Dollar ($5,000) pdvate donation. The total expenditure for the City of Tustin
for this contract is less than Five Thousand Dollars ($5,000).
BACKGROUND
The Police Department desires to expand the effectiveness of its Bicycle Patrol. The SCAQMD has
accepted a grant proposal that will provide matching funds to the City of Tustin for expenditures for
purchasing a storage facility for the bicycles, tools, and safety equipment and for sending the Bicycle
Patrol officers to a bicycle repair school. The SCAQD contract states that the City of Tustin must
expend a total of Nine Thousand Three Hundred Dollars ($9,300). The City of Tustin has spent nearly
that amount already, including a private donation in the amount of Five Thousand Dollars ($5,000).
SCAQMD will accept prior expenditures as a part of this program. The SCAQMD will reimburse the
City of Tustin up to a total amount of Eight Thousand One Hundred Twenty Dollars ($8,120) for the
purchase of the aforementioned equipment and training. The acceptance of this contract will supply the
members of the Bicycle Patrol team with extremely useful training and will allow for the upgrading of
their equipment. The contract has been reviewed as to form by the City Attorney.
Chief of Police
SF:MH:et
Attachments
Mot ile Source
Air oilution eduction
F eview Committee
January 11, 2000
Mr. Adam Mendenhall
City of Tustin Police Department
300 Centennial Way
Tustin, CA 92780
Dear Mr. Mendenhall:
Enclosed are two originals of Contract #00030 for your signature. Please return both
originals to my attention at the following address:
Lilia Miranda / AB 2766
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, CA 91765-0938
After the appropriate signatures are obtained by the District, a fully executed contract will
be returned to you. If you have any questions, please call me at (909) 396-2059.
Thank you for your cooperation.
Sincerely,
Lilia Miranda
Contracts Administration Office
lm
Enclosures: Contract No. 00030
21865 East Copley Drive Diamond Bar California 91765 909/396-2479 or 396-3043 fax 909/396-3682
Contract No. AB2766/00030
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
STANDARD CONTRACT
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PARTIES - 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 City of Tustin (hereinafter
referred to as "CONTRACTOR") whose address is-300 Centennial Way, Tustin, CA 92780. /
RECITALS
A. 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). AQMD is authorized under State Health & 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.
B. Under AB 2766 the AQMD'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 AQMD.
C. AB 2766 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.
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 AQMD'S
Governing Board, AQMD Board authorized a contract with CONTRACTOR for services described in Attachment 2 -
Work Statement, expressly incorporated herein by this reference and made a part hereof of this Contract.
CONTRACTOR warrants that it is well qualified, experienced, and has the. expertise to provide such services on
the terms set forth here.
TERMS AND CONDITIONS OF PERFORMANCE
A. CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fee to be collected under AB2766
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.
B. CONTRACTOR shall submit all reports and deliverables listed in Attachment 2 - Work Statement and invoices
for payment to AQMD. AQMD will coordinate any program review it performs through CONTRACTOR'S program
staff. If an amount is found to be inappropriately expended as a result of any review by AQMD, 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.
C. Additionally, 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.
D. CONTRACTOR shall provide AQMD with CONTRACTOR'S bid process and documentation if a bid process is
required to expend the funds provided to CONTRACTOR under the terms of this contract.
TERMS AND CONDITIONS - CONTRACTOR shall provide cofunding in the amount of Nine Thousand Three
Hundred Dollars ($9,300) for this project. If CONTRACTOR fails to provide this cofunding, then AQMD reserves
the right to renegotiate or terminate this Contract.
o
SERVICES
A. CONTRACTOR agrees to furnish all labor, materials, equipment, required licenses, permits, fees, and other
appropriate legal authorization from all applicable federal, state, and local jurisdictions necessary to perform and
complete, per schedule, in a professional manner, the services described herein.
B. CONTRACTOR shall submit progress reports to AQMD within fifteen (15) days of the end of the reporting
period. Such reports shall detail: 1) work performed during the current reporting period; 2) work planned for the
next reporting period; 3) problems identified, solved, and/or unresolved; 4) the percentage of each task completed;
5) any slips in the project schedule should be explained and include a description of what steps will be taken to
complete the project on time. Progress reports that do not comply will be returned to CONTRACTOR as
inadequate; and 6) a cost breakdown by cost category for each task showing both the amount of AB2766 funds
expended and co-funding expended for the reporting period and the cumulative period to date..
C. CONTRACTOR shall provide AQMD with a comprehensive final report prior to end of contract term. The final
report shall be subject to review by the MSRC and approval by AQMD. The final report shall be complete, on
letter-size paper, and include illustrations and graphs, as appropriate, to document the work performed and the
results thereof under this Contract. The final report will also contain, in detail, the reduction of mobile source air
pollution emissions resulting from the project's implementation.
¸o
TERM - The term of this Contract is for twelve (12) months from the date first entered hereon, unless terminated
earlier as provided for in Paragraph 7 below entitled Termination, extended by amendment of this Contract in
writing or unless a final report is submitted and approved by AQMD prior to the twelve (12) month time period. 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.
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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 Attachment
2 - Work Statement, this shall constitute a material breach of the Contract. The nonbreaching 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 15 below, entitled - Notices. Termination shall not be the
exclusive remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any and all
remedies provided by law. AQMD reserves the right to terminate this Contract for nonbreach and will reimburse
CONTRACTOR for actual costs incurred in performance of this Contract through the effective date of termination
for nonbreach.
o
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 in Attachment 5, herein.
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.
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.
10.
PAYMENT
A. AQMD shall reimburse CONTRACTOR up to a total amount of Eight Thousand One Hundred Twenty Dollars
($8,120) in accordance with Attachment 3 - Cost Schedule, expressly incorporated herein by this reference and
made a part hereof of this Contract. Any funds not expended upon early contract termination or contract
completion shall revert to the AB2766 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, referencing the task completed or a percent of work accomplished and detailing line item
expenditures as listed in Attachment 3, Costs by Category, and the amount of charge claimed.
B. Total costs per task and costs by category, as listed in Attachment 3 - Cost Schedule, are estimates.
Reallocation of costs between tasks and/or cost elements (cost by category) is permitted up to a total cumulative
party to the other. A noti~ shall be deemed received ,,,/hen 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 Tustin
300 Centennial Way
Tustin, CA 92780
Attn: Adam Mendenhall
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 TUSTIN
By: By:
Dr. William A. Burke, Chairman of the Board
Date:
Date:
ATTEST:
Jackie Dix, Clerk of the Board
By:
APPROVED AS TO FORM:
Peter Greenwald, General Counsel
11.
12.
13.
14.
15.
limit of Five Thousand Dollars ($5,000). Written notification of this reallocation must be submitted to AQMD.
Amounts in excess of $5,000 require a Contract amendment in writing.
C. 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.
D. AQMD'S payment of invoices shall be subject to the following limitations and requirements:
I) 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 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) in excess of Two
Hundred and Fifty Dollars ($250).
ii) CONTRACTOR'S failure to provide receipts shall be grounds for AQMD'S non-reimbursement of such charges.
AQMD may reduce payments on invoices by those charges for which receipts were not provided.
E. AQMD shall pay CONTRACTOR for travel-related expenses only if such travel is expressly set forth in
Attachment 3 - Cost Schedule of this Contract or pre-authorized by AQMD in writing.
F. An amount equal to ten percent (10%) shall be withheld from each invoice paid. Upon satisfactory completion
and final acceptance of work and the final report by AQMD, CONTRACTOR'S invoice for the 10% withheld will be
released.
REPORT FORMAT - CONTRACTOR shall submit reports to AQMD as outlined in Attachment 2 - Work Statement
and Attachment 4 - Project Timeline expressly incorporated herein by this reference and made a part hereof of this
Contract. All reports shall be submitted in the following manner: recycled paper; stapled, not bound; black and
white, double-sided print; and no three-ring, spiral, or plastic binders or cardstock covers, with the exception of the
final report which shall be submitted in a three-ring binder. AQMD reserves the right to review, comment, and
request changes to any report produced as a result of this Contract.
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 other funding sources. These MSERCs, which are issued
by AQMD, 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 Discretinary 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. AQMD 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.
SCRAPPING OF OLD VEHICLES - Any AB 2766 Discretionary Fund project for the purchase of new clean fuel
vehicles shall be required to scrap older, polluting vehicles which would be removed or retired from service. This
clause is applicable only to AB 2766 projects which remove or retire a vehicle(s) from fleet service as a direct result
of AB 2766 funding.
ADDITIONAL PROVISIONS - Attachment 1 - Contract Provisions (three pages) to this Contract contains additional
provisions which are expressly incorporated herein by this reference and made a part hereof as though fully set
forth at this point.
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
STANDARD CONTRACT
ATTACHMENT 1 - Contract Provisions
Contract No. AB2766/00030
CONTRACTOR'S REPRESENTATION - CONTRACTOR repre~nts that CONTRACTOR has the expedise necessary to adequately
perform the services specified in Attachment 2 - Work Statement. AQMD is entering into this Contract based on CONTRACTOR'S
expertise.
III.
EMPLOYEES OF coNTRACTOR
A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD. 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 his 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.
CONFIDENTIALITY - It is expressly understood and agreed that the information which either CONTRACTOR or AQMD designates as
confidential or proprietary information must be cleady identified as such by means of restrictive stamp, legend, or marking. With respect to
such designated information the parties agree to:
A. Observe complete confidentiality with respect to such information, including without limitation, agreeing not to disclose or otherwise
permit access to such information by any other person or entity in any manner whatsoever, except that such disclosure or access shall be
permitted to employees and subcontractors of either party requiting access in fulfillment of the services provided under this Contract. Such
information may be used by either party as follows:
i) only be used, duplicated and/or disclosed by the receiving party solely for the purposes of performance under this Contract and for no
other purpose whatsoever; and
ii) not be used, duplicated and/or disclosed by the receiving party for any other purpose whatsoever, including, without limiting the
generality of the foregoing, for manufacture or procurement except as may be specifically granted under Paragraph V, below entitled -
Ownership; and
iii) not be duplicated, reproduced or copied, in whole or in part, unless the sending party's restrictive legend or marking is prominently
displayed on said copy or reproduCtion.
B. Oral or visual communications, identified by either party at the time of disclosure as confidential or proprietary information, shall be
protected by the receiving party according to the terms hereof, provided that the disclosing party confirms in writing to the receiving party the
confidential or proprietary nature of said communication within ten (10) calendar days of said oral or visual disclosure.
C.. Neither party shall be liable to the other party in any manner whatsoever for the use, duplication and/or disclosure of any part of the
confidential or proprietary information which is:
i) not identified as confidential or proprietary information in accordance with paragraph III (basic) and subparagraph B hereof, (save and
except for any claims arising through infringement of registered patents owned or controlled by the disclosing party), or
ii) now or hereinafter comes into the public domain without breach of this Contract, or
iii) shown by the receiving party to be previously known to, or developed by it, pdor to the disclosure of said confidential or proprietary
information, or
iv) shown by the receiving party to have been received from a third party without similar restrictions and without breach of this Contract,
or
v) disclosed without restrictions bY the sending party to a third party, or
vi) used, duplicated or disclosed by the receiving party five (5) years or more after the disclosure of such confidential or proprietary
information.
D. Both parties hereby covenant and agree to provide to each other thirty (30) calendar days prior written notice before use and/or
disclosure is made of confidential or proprietary information, protected according to the terms hereof, based upon the exceptions contained
in Sections (i) through (vi) of subparagraph C. above and as may be specifically granted under Paragraph V, below entitled - Ownership.
E.. All confidential or proprietary information disclosed hereunder shall remain the property of the disclosing party and all originals and
copies of said confidential or proprietary information shall be returned promptly to the disclosing party upon the expiration or termination of
this Contract, excepting any reports provided to AQMD by CONTRACTOR including the final report become the 'property of AQMD in
perpetuity and after five (5) years time may be used, duplicated or disclosed without any restrictions.
F. Other than those fights and privileges granted expressly herein, neither the execution and delivery of this Contract, nor the delivery of
any confidential or proprietary information hereunder, shall be construed as granting either expressly, or by implication, estoppel or
otherwise, any right in or license under any present or future confidential or proprietary information disclosed under this Contract, or under
any invention of patent now or hereafter owned or controlled by either party except as maybe specifically granted under paragraph V, below
entitled - Ownership.
G. Each party shall notify promptly and in writing of the circumstances surrounding any possession, use, or knowledge of such
information or any pad thereof by any person or entity other than those authorized by this paragraph.
H. Take at CONTRACTOR'S expense, but at AQMD'S option and in any event under AQMD'S control, any legal action necessary to
prevent unauthorized use of such information by any third party or entity which has gained access to such information at least in part due to
the fault of CONTRACTOR.
I. Take at AQMD'S expense, but at CONTRACTOR'S option and in any event under CONTRACTOR'S control, any legal action
necessary to prevent unauthorized use of such information by any third party or entity which has gained access to such information at least
in part due to the fault of AQMD.
J. Notwithstanding the above, nothing herein is intended to abrogate or modify the provisions of Government Code Section 6250 et.seq.
(Public Records Act).
IV.
PUBLICATION
A. Information, data, documents, or reports developed by CONTRACTOR for AQMD, pursuant to this Contract, shall be part of
AQMD'S public record excepting data provided under Paragraph III above, entitled Confidentiality. CONTRACTOR may use or
publish, at its own expense, such information provided to AQMD. The following acknowledgment of support and disclaimer must
appear in each document disseminated, whether copyrighted or not, and based upon the work performed under this Contract.
"This rePort was prepared as a result of work sponsored by the South Coast Air Quality Management AQMD (AQMD). The
opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of
AQMD. AQMD, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and
assume no legal liability for the information in this report. AQMD has not approved or disapproved this report, nor has
AQMD passed upon the accuracy or adequacy of the information contained herein."
B. CONTRACTOR shall inform its officers, employees, and subcontractors involved in the performance of this Contract of the
restrictions contained herein and require compliance with the above publication terms.
C. AQMD shall have the right of prior written approval of any document which shall be disseminated to the public by
CONTRACTOR in which CONTRACTOR utilized information obtained from AQMD in connection with performance under this
Contract.
V.
OWNERSHIP - Title and full ownership dghts to any products purchased or developed under this Contract shall at all times remain .with
CONTRACTOR. CONTRACTOR shall also retain title and full ownership rights to any documents or reports developed under this Contract.
All of the above shall be subject to the following limitations:
A. PATENT RIGHTS - CONTRACTOR shall have patent rights, as well as title and full ownership rights, for invention(s)
developed under this contract, subject to AQMD retaining a no-cost, nonexclusive, nontransferable, irrevocable license to use or
test such invention(s) for AQMD purposes. CONTRACTOR must obtain agreements to effectuate this clause with all persons or
entities obtaining an ownership interest in the patented subject invention(s). Previously documented (whether patented or
unpatented under the patent laws of the United States, 35U.S.C. 1 et seq., or any foreign country) inventions are exempt from this
provision. CONTRACTOR shall submit a written report to AQMD°S Agent disclosing each subject invention and specifying patents
applied for, patents issued, and patent application(s) abandoned and/or cosponsored participants on subject invention(s).
B. RIGHTS OF TECHNICAL DATA - AQMD shall have unlimited right to use technical data resulting from performance of
CONTRACTOR under this Contract. CONTRACTOR shall have the right to use data for its own benefit.
C. COPYRIGHT - CONTRACTOR agrees to grant AQMD a royalty free, nonexclusive, irrevocable, nontransferable license to
produce, translate, publish, use, and dispose of all copyrightable material first produced or composed in the performance of this
COntract.
D. SOFTWARE RIGHTS - CONTRACTOR agrees to grant AQMD a worldwide, royalty free, nonexclusive, irrevocable, nontransferable
license in perpetuity to use any software developed by CONTRACTOR in performing its obligations under this Contract. CONTRACTOR
further agrees to obtain the fights required from any third party for AQMD to have a worldwide, royalty free, nonexclusive, irrevocable license
in perpetuity to use any other software essential to performance of CONTRACTOR'S obligations under this Contract or necessary to the
operation of the software developed by CONTRACTOR. CONTRACTOR shall provide AQMD with documentation confirming.
CONTRACTOR'S dght to assign the use of such software. CONTRACTOR shall also provide AQMD with all documentation and manuals
required to operate the software developed by it or third parties.
E. CONTRACTOR'S INSOLVENCY OR BANKRUPTCY, or PROJECT'S DISCONTINUATION - CONTRACTOR agrees that in the event
that CONTRACTOR becomes insolvent or files for bankruptcy during the term of the Contract or does not complete the intent of the project
and maintain its intention for a minimum period of one year beyond the term of this Contract, title to goods, services software, and
equipment purchased for the performance of this Contract with AB 2766 Discretionary Funds shall revert back to the AQMD for deposit into
the AQMD'S separate account for the purpose of continuation of implementing and monitoring programs to reduce air pollution from motor
vehicles. Public agencies and schools are exempt from this clause with the following exception: if any project discontinues or is not
maintained for one year after the term of this CC.o,qt,'act, assets purchased by AB 2766 Discretionary Funds shall revert to the AQMD for
deposit into the AQMD'S separate account for the purpose of continuation of implementing and monitoring programs to reduce air pollution
from motor vehicles.
VI.
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 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. CONTRACTOR shall likewise require each subcontractor to
comply with this paragraph and shall include in each such subcontract language similar to this paragraph.
VII.
SOLICITATION OF EMPLOYEES - CONTRACTOR expressly agrees that CONTRACTOR shall not, during the term of this Contract, nor for
a period of six months after termination, solicit for employment, whether as an employee or independent contractor, any person who is or
has been employed by the AQMD during the term of this Contract without the consent of AQMD.
VIII. PROPERTY AND SECURITY - Without limiting CONTRACTOR'S obligations with regard to security, CONTRACTOR shall comply with all
the rules and regulations established by AQMD for access to and activity in and around AQMD'S premises.
IX. ASSIGNMENT - The dghts 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.
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 exerdse 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 dghts or remedies, unless otherwise
provided for herein.
Xl. 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.
XlI.
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, stdkes, labor disputes, shortages of suitable pads, materials, labor or transportation, or any similar cause beyond the reasonable
control of AQMD or CONTRACTOR.
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.
XlV. 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.
XV. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original.
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.
PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to AQMD receipt of a fully executed Contract shall be incurred
solely at the dsk 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, precontract cost expenditures authorized by
the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract.
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.
ATTACHMENT 2 - STATEMENT OF WORK
City of Tustin
Hereinafter referred to as CONTRACTOR
Contract Number AB 27'66/00030
PROJECT PURPOSE
CONTRACTOR'S goal is to expand its bicycle patrol service for the City of Tustin. Bicycles
shall be used to patrol shopping centers, high-density housing, commercial and industrial areas.
CONTRACTOR shall also purchase a storag~ facility for bicycles, tools and safety equipment
and send officers to bicycle repair school.
The following Statement of Work is provided by the CONTRACTOR and becomes an integral
part of the Contract. CONTRACTOR agrees to perform the Statement of Work within the term
of the Contract and to expend funds as set forth in Attachment 3 - Cost Schedule.
STATEMENT OF WORK
The following Tasks will be performed by the CONTRACTOR:
Task 1 - Procure Equipment
CONTRACTOR shall purchase the following equipment for expansion of its bicycle patrol
service:
· Eight bicycles equipped with police packages and other necessary equipment needed to outfit
bicycle patrol officers.
· Equipment needed to provide a storage area for bicycles as well as tools to facilitate bicycle
repair by officers.
Task 2 - Bicycle Repair Training
CONTRACTOR shall provide bicycle patrol officers training on bicycle repair and maintenance
through attendance of classes at a bicycle repair school.
Task 3 - Deploy Bicycles/Public Outreach
With the addition of eight patrol bicycles, CONTRACTOR shall increase the number of its full
and part-time bicycle patrol team members. On an average a full-time bicycle patrol officer
covers 50 miles on a ten-hour shift. Bicycle patrol officers work four, ten-hour days per week.
The bicycle patrol program is designed as a "target team", with officers patrolling certain areas
dependent upon criminal activity. CONTRACTOR shall monitor and report on the use of the 8
bicycles for a period of 12 months, providing the AQMD the information required under
Attachment 4 - Schedule of Deliverables.
In addition, as part of the expansion of its bicycle patrol team, CONTRACTOR shall increase
public awareness of its bicycle team by providing citizens marketing brochures on the bicycle
patrol and its benefits to the community.
Task 4. Reporting - CONTRACTOR shall provide monthly reports and a final report as
specified in Exhibit C.
STANDARD. CONTRACT
ATTACHMENT 3 - COST SCHEDULE
Contract Number AB 2766/00030
TaskName MSRC Costs I Co-Funding I Total Cost
$3,520 $3,956 $7,476
Task 1' Procure Bicycles __ _ ....
-" Purchase Uniforms $1,000 $2,394 $3,394
Storage Facility $750 $750 $1,500
-- Tools ....... $400 $100 $500
Task 2. Repair School $1,750 $1,750 $3,500 ......
Task 3. Deploy Bicycle Patrol/Public outreach $700 $350 $1,050
Task 4. Reporting $0 In-kind $0
TOTAL PROJECT COSTS $8,120 $9,300 $17,420
PROJECT COSTS BY CATEGORY
OTHER DIRECT COSTS
EQ u I_t'_M ~5~ 1
EqnipmentDescription I MSRC CostsI Co-Funding I Total
Ei. hg_hkCB_l_GT/Scott Bicycles ~ $934.50 each ! . $3,520 $3,956 ..$7,476
-I~0cean Bicycle P atrol-U~a-i-form s $1,000 $2,394 $3,394
Bicycle Institute Repair School $1,750 $1,750 $3,500 ..
7 Officers ~ $500 each
Chain Link Storage Area $750 $750 $1,500
Tools $400 $100 $500
Subtotal Equipment Costs $7~420 $8~950 $167370
Supplies Description ! MSRC Costs Co-Funding Total
Business Reply Cards t $700 $350 $1,050.00
Subtotal Supplies Costs I $700 $350 $1,050.00
MSRC Co-Funding Total
Subtotal Equipment Costs $7,420 $8,950 $16,370
Subtotal Supplies Costs $700 $350 $1,050
SUbtotal Subcontractor Costs
TOT.Al, PROJECT COSTS [ $8,120 $9,300 I $17,420
STANDARD CONTRACT
ATTACHMENT 4 - SCHEDULE OF DELIVERABLES
Contract Number AB 2766/00030
'The following items are milestones and/or deliverables under the Contract terms. The project is
scheduled for completion within a 12-month period.
Task/Milestone Start / Completion Date
Task 1 -Procure Bicycle Month 1
Purchase Uniforms Month 1
Storage Facility Month 1
Tools Month 1
Task 2 - Bicycle Repair School Month 2 - Month 6
Task 3 -Demonstrate Bicycles/Public Outreach Month 2 -Month 12
Task 4 - Reporting Month 1 - Month 12
Reports: Monthly
Monthly Progress Reports are due within 15 days of-the end of the reporting period. Monthly
Progress Report information.shall be submitted in the formai provided by AQMD and includes,
but is not limited to: 1) work performed during the current reporting period; 2) work planned for
the next reporting period; 3) problems identified, solved and/or unresolved, and plans for
resolving problems; and 4) the percentage of each task complete. Progress Reports that do not
comply will be returned to the CONTRACTOR as inadequate, and payment of invoices may be
withheld.
For Bicycle projects the following should also be included in Monthly Reports:
Dates bicycles used and user;
Specific use (i.e. beach patrol);
Shift duration or number of hours of bike use;
Estimated or actual bike mileage per day;
Estimated VMT (vehicle miles traveled) reduced due to bike usage;
Estimated fuel savings.
Final Report - Final Reports shall be submitted, in the format provided by the AQMD, prior to
the end date of the contract.
In the event the CONTRACTOR files for bankruptcy, becomes insolvent or discontinues this
project, the following items revert to the AQMD for disposition into the AB 2766 Discretionary
Fund: None
STANDARD CONTRACT
ATTACHMENT 5 - SUPPORTING DOCL.~'MENTATION
Contract Number AB 2766/00030
The supporting documents attached 'hereto as Attachment 5, represent obligations of the
CONTRACTOR. Nothing herein shall be construed as an assumption of duties or obligations by
the AQMD or granting any rights to third parties against the AQMD.
1. Letter of Self-Insurance
09/23/99 THU 13'01 FAI 714 730 8027 '~003
Finance Department
September 22, 1999
City of Tustin
300 Centennial Way
Tustin, CA 92780
Director
(714) 573-3061
Michele Stitzel
AB 2766 Contract Administrator
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, CA 91765
Secretary
(714) 673-3060
Water Billing
(714) 573-3075
FAX (714) 832-0825
RE: AB 2766 CONTRACT
The insurer for The City of Tustin is the Orange County Cities Risk
Management Authority. The Authority is a risk sharing pool made up
of thirteen cities within Orange County. The current pool contract
is OCC 0009.
Limits: Difference between $2,000,000 and City's self-insured
retention of $250,000.
Coverage: Personal Injury;' Property Damage; Err~rs & Omissions;
~Owned, Hired and Non-Owned Automobiles.
Excess Coverage provided by the Insurance Company of the State of
Pennsylvania, Policy No. 4298-2376.
Limits: $30,000,000 excess of $2,000,000 each City per
occurrence and in aggregate.
CoYerage:
Same as Pool.
Program Administration:
Kiser & Company
220 Newport Center Drive, Suite 20
Newport Beach, CA 92660
Attention: Janet D. Kiser
Additional Named Insured: South Coast Air Quality Management District
as relates to stated program only
S~erelv,
Finance Director
RAN:ts