HomeMy WebLinkAboutAgenda Report - May 20, 2015 C-07AGENDA ITEM Cm7
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Accepting the San Joaquin Valley Air Pollution Control District
Alternative Fuel Grant, Approving the San Joaquin Valley Air Pollution Control
District Public Benefit Grants Program Funding Agreement executed by Lodi Police
Department Accepting Grant Funds, Approving the Purchase of Two Zero
Emissions Motorcycles, and Appropriating Funds ($44,506)
MEETING DATE: May 20, 2015
PREPARED BY: Chief of Police
RECOMMENDED ACTION: Adopt Resolution Accepting the San Joaquin Valley Air Pollution
Control District Alternative Fuel Grant, Approving the San Joaquin
Valley Air Pollution Control District Public Benefit Grants Program
Funding Agreement executed by Lodi Police Department Accepting
Grant Funds, Approving the Purchase of Two Zero Emissions
Motorcycles, and Appropriating Funds ($44,506)
BACKGROUND INFORMATION: At the October 15, 2014 meeting, the Council adopted
Resolution 2014-194, authorizing the Police Department to
apply for the San Joaquin Valley Air Pollution Control District
Alternative Fuel Grant to Purchase two Zero Motorcycles.
The San Joaquin Valley Air Pollution Control District is currently administering an Alternative Fuel Grant
to purchase clean air vehicles. The Lodi Police Department has received confirmation from the District
that it has been awarded $40,000 for the Alternative Fuel Grant, and the Police Department has signed
the San Joaquin Valley Unified Air Pollution Control District Public Benefit Grants Program Funding
Agreement on April 2, 2015 for receipt of grant funds.
Staff now requests that the City Council accept the San Joaquin Valley Air Pollution Control District
Alternative Fuel Grant, approve the San Joaquin Valley Unified Air Pollution Control District Public
Benefit Grants Program Funding Agreement, executed by Lodi Police Department, accepting the Grant
funds in the amount of $40,000.
Staff further recommends the approval for the purchase of two Zero Emissions Motorcycles for park
patrol and enforcement at a cost of $22,253 each. Staff chose the Zero DS motorcycles because of their
reliability, low maintenance, battery range and capacity, maneuverability and lightweight chassis. The
Zero has a top speed of 95 mph and can travel a maximum of 164 miles on a charge. It has regenerative
braking and has options for on- or off-road use. With no gears, clutch or noise, officers can focus on
patrolling and can perform highly technical maneuvers during intense situations where performance and
agility are essential.
Because the San Joaquin Valley Air Control District grant funds fall short of the total cost for two Zero
motorcycles, the Police Department requests the appropriation of $4,506 from the Vehicle Replacement
APPROVED:
, City Manager
Adopt Resolution Accepting the San Joaquin Valley Air Pollution Control District Alternative Fuel
Grant, Approving the San Joaquin Valley Air Pollution Control District Public Benefit Grants
Program Funding Agreement executed by Lodi Police Department Accepting Grant Funds,
Approving the Purchase of Two Zero Emissions Motorcycles, and Appropriating Funds $44,506)
May 20, 2015
Page Two
Fund to offset the shortage of funds, in addition to the appropriation of the $40,000 grant funds
for the purchase of the motorcycles.
FISCAL IMPACT: $40,000 of the purchase price will be covered by the San
Joaquin Valley Air Pollution Control District grant and
$4,506 will be expended out of the Vehicle Replacement
Fund Balance.
FUNDING AVAILABLE: 40399100.77040
Jordan Ayers
Depu ?City Man ger l ternal Services Director
� r
Mark Helms
Chief of Police
MH/pjo
cc: City Attorney
San Joaquin Valley
AIR POLLUTION CONTROL DISTRICT
April 2, 2015
Paula O'Keefe
City of Lodi
215 W. Elm St.
Lodi, CA 95240
RE: Project Status: Executed Agreement
Public Benefit Program Alt -Fuel Component - Project Number: C -31482•A
Dear Paula O'Keefe:
q M V
HEALTHY AIR LIVING'
Thank you for your participation in the San Joaquin Valley Air Pollution Control District (SJVAPCD) Incentive Programs.
Your agreement with the SJVAPCD is now executed.
The following documents are enclosed:
1. A copy of your executed agreement
2. Public Benefit Grant Program, New Alternative Fuel Vehicle Purchase Component Payment Procedures
Please keep the copy of your executed agreement for your records as it contains important information regarding the project
implementation life, required reporting and record keeping, and other important agreement obligations. The Payment
Procedures document contains the necessary form and instructions for successful completion of a Claim for Payment
Packet to be reimbursed. Please review the Payment Procedures document in its entirety for instructions on
reimbursement.
If you have any questions, please call (559) 230.5800 or email weberiofo.vallevair.orc and the Incentive Programs staff will
be happy to assist you. Please be sure to reference your Project Number C -31482•A.
Sincerely,
Public Benefit Program Staff
Incentive Programs
Enclosures
(2)
Seyed Sadredin
Executive DirectoAAir Pollution Control Officer
Northern Region Central Region (Mein Office) Southern Region
4600 Enterprise Way 1990 E. Gettysburg Avenue 34946 Flyover Court
Modesto, CA 95358 6718 Fresno, CA 937280244 Bakersfield, CA 933089725
Tel: (209) 557 6400 FAX: (209) 5576475 Tel: (559) 2306000 FAX: (5591230 8081 Tel 661.3925500 FAX: 661.3925585
www.valleyaicmg www.healthyaidivingcam
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BJVUAPCD
1990 East
Gettysburg
Fresrm, CA
93720
(559) 230.9000
Agreement No. C -31482-A
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT
PUBLIC BENEFIT GRANTS PROGRAM
FUNDING AGREEMENT
(New Alternative Fuel Vehicle Purchase)
This Agreement is made and entered into this 2nd day of
April , 2015, by and between the SAN JOAQUIN VALLEY UNIFIED AIR
POLLUTION CONTROL DISTRICT, a unified air pollution control district formed
pursuant to California Health and Safety Code section 40150 et seq. (District), and
City of Lodi (Participant).
WITNESSETH:
WHEREAS, the California Clean Air Act (CCAA) requires local air
pollution control districts to reduce emissions from motor vehicles;
WHEREAS, AB 2766, AB 923, SB 709, and AB 2522 authorize districts
to impose fees upon certain registered motor vehicles within the district, and the
governing board of the District has imposed said fees;
WHEREAS, said legislation requires District to use said funds for
activities related to reduce air pollution from motor vehicles and for related planning,
monitoring, enforcement, and technical studies necessary for the implementation of
the California Clean Air Act of 1988; and
WHEREAS, the District has developed other funding mechanisms in
order to provide grant monies for its incentive programs; and
WHEREAS, on August 11, 2011, the District began accepting
applications to approve for funding those projects deemed to be most suitable for
vehicle license fees and other funding; and
WHEREAS, Participant has proposed a project that meets the eligibility
criteria of the Public Benefit Grants Program, New Alternative Fuel Vehicle Purchase
Component and has been approved by the District for funding; and
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6JVUAPo0
1990East
Gettysburg
Fresno, CA
93726
(669) 230.6000
WHEREAS, Participant represents that it is willing and able to perform
the activities set forth herein,
NOW, THEREFORE, based on their mutual promises, covenants, and
conditions, the parties hereby agree as follows;
1. PROJECT
The Participant agrees to purchase and place into service the type and
number of new alternative fuel vehicle(s) as set forth in the application attached hereto
and incorporated herein as Exhibit A. Participant agrees, that at the date of execution
of this Agreement, Participant has not yet purchased, taken possession, or ordered
said vehicle(s) and agrees to furnish all labor, materials, equipment, licenses, permits,
fees, and other incidentals necessary to perform and complete, per schedule, in a
professional manner, the requirements described herein, Participant agrees and
represents that purchase of the specified vehlcle(s) subject of this Agreement Is/are
not required by or to be used for compliance with any local, state, or federal rule or
regulation, settlement agreement, mitigation agreement, memorandum of
understanding (MOU), memorandum of agreement (MOA), or other legal mandate
currently in effect. Participant waives all rights to any emission reduction credits that
may accrue as a result of purchase of the specified vehicle(s).
In the event of any conflict between or among the terms and conditions
of this Agreement and the exhibit incorporated herein, such conflict shall be resolved
by giving precedence in the following order of priority,
1. To the text of this Agreement
2, Exhibit to this Agreement
2. TIMETABLEIPERIOD OF PERFORMANCE
Participant shall purchase and place the new alternative fuel vehicle(s)
Into service, and submit all final claims as outlined in paragraph 3, no later than 9
months from execution date of this agreement. If the Participant cannot meet the
project timetable as set forth herein, the Participant must notify the District In writing
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UWARD
1980 East
Gettysburg
Fresno, GA
93726
(669) 230.6000
and request to amend the Agreement to provide the Participant additional time to
meet all performance requirements under the Agreement. Such request is subject to
review and approval by the District. Participant agrees to amend the Agreement as
necessary, if requested by the District, to ensure the project is completed within the
timetable approved by the District.
A. Agreement Period: The Participant shall own and operate the
new alternative fuel vehicle(s) purchased under this Agreement according to the terms
of this Agreement for no less than three (3) years from the date In which the vehicle(s)
Is/are first placed into service.
3. COMPENSATION
The total obligation of the District under this Agreement shall not exceed
Forty Thousand And 00/100 dollars ($40,000.00) for the purchase of the new
alternative fuel vehicle(s) identified in Exhibit A.
Participant shall obtain through other sources sufficient additional
monies to fund the total cost of the vehicle(s) as outlined in Exhibit A. In the event
funding from other sources for the total cost of the vehicle(s) as outlined in Exhibit A is
not received by Participant, District reserves the right to terminate or re -negotiate this
Agreement.
A. Payments: Advance payments shall not be permitted. The
District shall issue payment to Participant upon receipt of a properly supported and
verified claim for payment as specified in the Public Benefit Grants Program, New
Alternative Fuel Vehicle Purchase Component payment procedures document.
Payment is for reimbursement to the Participant for the purchase of the specified new
alternative fuel vehlcle(s) and funding shall only be allowed toward the purchase of the
specific vehicle(s) described in Exhibit A. The District reserves the right to reduce the
funding paid to the Participant if it is determined that the actual invoiced costs paid by
the Participant for the purchase of the new vehicle(s) is/are less then the costs
specified on the application. The District also reserves the right to reduce the funding
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BJVUAPCD
1990 East
Gettysburg
FreanD, OA
93729
(369) 230.9000
if the Participant receives or will receive co -funding from a third party that, in addition
to the District's funding, exceeds the total invoiced cost(s) of the new alternative fuel
vehicle(s) purchased under this Agreement. Participant is required to disclose all such
information to the District prior to the execution date of this Agreement. The
Participant will not be reimbursed by the District for the purchase of the new
alternative fuel vehicle(s) if the Participant has purchased, taken possession, or
ordered the said new vehicle(s) prior to the execution date of this Agreement.
Concurrently with the submission of any claim for payment, Participant
shall certify (through copies of invoices issued, checks, receipts, and the like) that
complete payment has been made or invoiced. Participant understands that any
payment received from the District to fund the vehicle(s) in this Agreement may be
subject to taxation and the District will issue a form 1099 to the Participant. Any tax
liability on the funds provided by the District shall be the sole responsibility of the
Participant.
B. Surplus Funds: Any compensation, which is not expended by
Participant pursuant to the terms and conditions of this Agreement by the project
completion date, shall automatically revert to District. Only expenditures incurred by
Participant in the direct performance of this Agreement will be reimbursed by District.
4. NON -ALLOCATION OF FUNDS
The terms of this Agreement are contingent on the approval and receipt
of funds by the appropriating government agency. Should sufficient funds not be
allocated, the services provided may be modified or this Agreement terminated at any
time by giving Participant thirty (30) days' prior written notice.
5. ANNUAL REPORTING
Participant shall submit annual reports on the vehicle(s) that Include the
following information:
1. Participant contact information;
2. Proof of current California registration for the new alternative
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SJVUAFOC
1990 East
Gettysburg
Fresno, CA
98728
(880) 2808000
fuel vehicle(s);
3. Proof of insurance as required by paragraph 11.
4. Annual miles or hours traveled (including mileage/activity or
hour/activity logs for documentation);
5. Summary of maintenance performed;
6. Any other pertinent information requested by the District on a
form to be provided to the Participant by the District.
Annual reporting will be required for three (3) subsequent years following
the purchase of the new alternative fuel vehicle(s). The first year annual report is due
on the anniversary date of when the new alternative fuel vehicle(s) was/were first
placed into service and for each ensuing year thereafter. Noncompliance with the
reporting requirements shall result in on-site monitoring by District personnel and will
impact the Participant's ability to receive funding from the District for future projects.
Participants with annual reports more than six (6) months late will not be granted any
additional grant funds from the District until all reports are satisfactorily submitted.
The District or representative designated by the District reserves the
right to monitor the vehicle(s), enforce the terms of this Agreement at any time during
the Agreement Period specified In subparagraph 2.A, and pursue repayment of funds
for non-compliance within the terms and conditions of this Agreement or applicable
state laws or regulations.
6. TERMINATION
A. Breach of Agreement: District may immediately suspend or
terminate this Agreement, in whole or in part, where in the determination of District
there is:
1. An Illegal or improper use of funds;
2. A failure to comply with any term of this Agreement;
3. A substantially incorrect or incomplete annual report submitted
to the District;
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SJVUAPOD
1000 East
Gettysburg
Freeno, CA
08728
(880) 280.0000
In no event shall any payment by District constitute a waiver by District
of any breach of this Agreement or any default, which may then exist on the part of
Participant. Neither shall such payment impair or prejudice any remedy available to
the District with respect to the breach or default, District shall have the right to
demand of Participant the repayment to the District of any funds disbursed to
Participant under this Agreement which in the judgment of District were not expended
In accordance with the terms of this Agreement. Participant shall promptly refund any
such funds upon demand.
In addition to immediate suspension or termination, District may impose
any other remedies available at law, in equity, or otherwise specified in this
Agreement. The District may prohibit Participant from participating In all other District
and State grant programs in the future.
B. Without Cause; Either party may terminate this Agreement at
any time upon giving the other party at least thirty (30) days' advance written notice of
intention to terminate. The District shall have the right to demand prompt repayment
of a portion or all monies expended under this Agreement as provided in paragraph 3
If the Participant does not meet all obligations under this Agreement upon such
termination.
7. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without in any way affecting the remainder.
8. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by
Participant (also referred to in this section as 'Contractor') under this Agreement, it is
mutually understood and agreed that Contractor, including any and all of Contractor's
officers, agents, and employees, will at all times be acting and performing as an
independent contractor and shall act In an independent capacity and not as an officer,
agent, servant, employee, joint venture, partner, or associate of District or ARB.
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6JVUAPCD
1990 East
Gettysburg
Fresno, CA
99726
(669) 230.6000
11 Furthermore, District shall have no right to control or supervise or direct the manner or
method by which Contractor shall perform its work and function. However, District
shall retain the right to administer this Agreement so as to verify that Contractor is
performing its obligations in accordance to the terms and conditions thereof.
Contractor and District shall comply with all applicable provisions of law and the rules
and regulations, if any, of governmental authorities having jurisdiction over matters the
subject thereof.
Because of its status as an independent contractor, Contractor shall
have absolutely no right to employment rights and benefits available to District
employees. Contractor shall be solely liable and responsible for providing to, or on
behalf of, Itself all legally required employee benefits. In addition, Contractor shall be
solely responsible and save District harmless from all matters relating to payment of
Contractor's employees, including compliance with social security, withholding, and all
other regulations governing such matters. It is acknowledged that during the term of
this Agreement, Contractor may be providing services to others unrelated to District or
to this Agreement.
9. NON -ASSIGNMENT
Participant may not assign, sell, transfer, license, or subcontract any
rights or obligations to a third party within or outside of the District's boundaries
without the express prior consent of the District for the duration of the Agreement
Period specified in subparagraph 2.A. If the Participant sells or transfers ownership of
the vehicle(s) or any portion thereof for any reason, or is required to replace the
vehicle(s) with cleaner vehlcle(s) prior to the end of the Agreement Period, the
Participant must request and receive written consent from the District prior to selling or
transferring ownership of the vehicle(s) or any portion thereof.
Prior to completing the transaction, the Participant understands that it is
responsible to Inform the party purchasing the vehicles) of the Agreement provisions
and disclose the remaining Agreement term. The Participant shall be responsible for
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BJVVAPCD
1000 East
Gettysburg
Fresno, CA
93720
(669) 290.0000
establishing an agreement between the new owner and District in order to facilitate
the transfer of the Agreement provisions and terms. The Participant shall provide the
prospective new owner with valid contact information for the District so the new owner
can assume legal responsibility under the original Agreement or enter Into a new
Agreement with the District, for the remainder of the Agreement Period. Participant
understands that they shall not be relieved of their legal obligation to fulfill the
conditions of this Agreement unless the new owner has assumed responsibility
through an executed agreement with the District,
10. INDEMNIFICATION
Participant agrees to indemnify, save, hold harmless, and at District's
request, defend the District, its boards, committees, representatives, officers, agents,
and employees from and against any and all costs and expenses (including
reasonable attorneys' fees and litigation costs), damages, liabilities, claims, and
losses (whether in contract, tort, or strict liability, including, but not limited to, personal
injury, death, and property damage) which arise or are alleged to arise directly or
indirectly from any act or omission of Participant, its officers, agents, sub participants,
or employees in their performance of this Agreement, or out of the operations of the
Participant.
11. INSURANCE AND VEHICLE WARRANTY
Participant is responsible for securing warranty and maintaining
replacement value insurance on the new alternative fuel vehicle(s) for the duration of
the Agreement Period specified in subparagraph 2.A. The new alternative fuel
vehicle(s) purchased through this Agreement must not be tampered with or modified
in any such manner than would void the warranty of the vehicle(s). Insurance
coverage must be sufficient to repay the District's investment in case major damage to
the new alternative fuel vehicle(s) occurs during the Agreement Period. A copy of the
current Insurance for each vehicle purchased under this Agreement is required to be
submitted annually with the Participant's annual report.
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$JVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(666) 230.6000
In the event that the new alternative fuel vehicle(s) purchased under this
Agreement is/are in an accident, stolen, destroyed, or otherwise rendered temporarily
or permanently inoperable, the Participant must immediately inform the District of such
damage(s) and repair or replace the vehicles(s) within three (3) months from the date
of the occurrence at the Participant's expense and to the standards which meet all
program requirements for the remainder of the Participant's obligation under this
Agreement.
If the Participant repairs a vehicle rendered temporarily inoperable, said
repairs shall include any and all repairs necessary to restore the vehicle and any
optional equipment purchased under this Agreement to a reasonable condition, If the
Participant replaces a vehicle rendered permanently inoperable; said replacement
shall include an equivalent vehicle(s) that, at a minimum, meets all program eligibility
requirements, including emission level, Gross Vehicle Weight Rating (GVWR),
etcetera. As the replacement of a vehicle may require an amendment to the existing
Agreement, the Participant must receive prior authorization from the District in
advance of any purchases, and must provide any and all replacement vehicle
information to the District.
In the event the Participant does not repair or replace vehicle($) that
become inoperable to fulfill the Agreement Period specified in subparagraph 2.A, the
District may undertake actions pursuant to this Agreement, including recouping a
portion or all incentive funds provided for the vehicle(s) in question,
12. RECORD KEEPING
Participant shall maintain records sufficient to provide, on an annual
basis, Information regarding annual mileage, fuel usage, invoices, general
maintenance details, correspondence associated with the application, award,
agreement, monitoring, enforcement, and reporting requirements and any other
available information that may be deemed pertinent to the evaluation of the program
for at least two (2) years after the equipment project term or three (3) years after final
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SMAPOD
1090 East
Gettysburg
Fresno, OA
93720
(359) 230.8000
payment, whichever is later. Records shall be readily available and accessible to the
District, or District designated representative, upon request for the purposes of
ongoing evaluations or auditing.
13. NOTICES
The persons and their addresses having authority to give and receive
notices under this Agreement are as follows;
PARTICIPANT DISTRICT
Tod Patterson Seyed Sadredin
Captain Executive Director/APCO
City of Lodi San Joaquin Valley Unified APCD
216 W. Elm St. 1990 East Gettysburg Ave.
Lodi, CA 95240 Fresno, CA 93726
Any and all notices between District and Participant provided for or
permitted under this Agreement or by law shall be In writing and shall be deemed duly
served when personally delivered to one of the parties, or in lieu of such personal
service, when deposited in the United States mail, postage prepared, addressed to
such party.
14. AUDITS AND INSPECTIONS
In addition to enforcement by the District or designated representative(s)
of the District, the District reserves the right to perform audits of vehicle(s) and
documentation and enforce the terms of this Agreement at any time during the
Agreement term.
If, after audit, the District makes a determination that funds provided to
the Participant pursuant to this Agreement were not spent in conformance with this
Agreement or any other applicable provisions of law, the Participant agrees to
Immediately reimburse District all funds determined to have been expended not in
conformance with said provisions.
15. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided under this
Agreement shall be used for any political activity, or to further the election or defeat of
to
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S WAPOD
1980 East
Gettysburg
Freeno, CA
93720
(809) 230.0000
Many candidate for public office contrary to federal or state laws, statutes, regulations,
rules, or guidelines.
16. LOBBYING PROHIBITED
None of the funds provided under this Agreement shall be used for
publicity, lobbying, or propaganda purposes designed to support or defeat legislation
before the Congress of the United States of America or the Legislature of the State of
I California,
117. CONFLICT OF INTEREST
No officer, employee, or agent of District who exercises any function or
responsibility for planning and carrying out the services provided under this
Agreement shall have any direct or indirect personal financial interest in this
Agreement. Participant shall comply with all federal and state conflict of Interest laws,
statutes, and regulations, which shall be applicable to all parties and beneficiaries
under this Agreement and any officer, agent, or employee of District.
18. GOVERNING LAW
This Agreement shall be governed in all respects by the laws of the
State of California. Venue for any action arising out of this Agreement shall only be in
Fresno County, California.
18. COMPLIANCE WITH LAWS
The Participant shall comply will all federal and state laws, statutes,
regulations, rules, and guidelines which apply to its performance under this
Agreement, including California driving eligibility and financial liability laws.
20. BINDING ON SUCCESSORS
This Agreement, including all covenants and conditions contained
herein, shall be binding upon and Inure to the benefit of the parties, Including their
respective auccessors•in-interest, assigns, and legal representatives,
21. TIME IS OF THE ESSENCE
It Is understood that for Participant's performance under this Agreement,
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eJVUAPOD
1990 East
Gettysburg
Fresno, CA
93726
(669)230-6000
time is of the essence. The parties reasonably anticipate that Participant will, to the
reasonable satisfaction of District, complete all activities provided herein within the
time schedule outlined in this Agreement, provided that Participant is not caused
unreasonable delay in such performance.
22. DATA OWNERSHIP
Upon termination or expiration of this Agreement, all data which is
received, collected, produced, or developed by Participant under this Agreement shall
become the exclusive property of District, provided, however, Participant shall be
allowed to retain a copy of any non -confidential data received, collected, produced, or
developed by Participant under this Agreement subject to District's exclusive
ownership rights stated herein. Accordingly, Participant shall, If requested, surrender
to District all such data which is in its possession (including its sub participants or
agents), without any reservation of right or title, not otherwise enumerated herein.
District shall have the right at reasonable times during the term of this
Agreement to inspect and reproduce any data received, collected, produced, or
developed by Participant under this Agreement. No reports, professional papers,
information, inventions, improvements, discoveries, or data obtained, prepared,
assembled, or developed by Participant, pursuant to this Agreement, shall be released
or made available (except to District) without prior, express written approval of District
while this Agreement is in force, and except as otherwise required under the California
Public Records Act,
23. NO THIRD -PARTY BENEFICIARIES
Notwithstanding anything else stated to the contrary herein, it is
understood that Participant's services and activities under this Agreement are being
rendered only for the benefit of District, and no other person, firm, corporation, or
entity shall be deemed an intended third -party beneficiary of this Agreement.
24, SEVERABILITY
In the event that any one or more of the provisions contained in this
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BJVUAPCO
1990 East
Gettysburg
Fresno, OA
96726
(669) 260•e000
Agreement 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
Agreement, and the Agreement shall then be construed as if such unenforceable
provisions are not a part hereof.
25. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Participant
and District with respect to the subject matter hereof and supersedes all previous
negotiations, proposals, commitments, writings, advertisements, publications, and
understandings of any nature whatsoever unless expressly included in this
Agreement.
///
///
///
///
13
C -31482-A
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SMAPOD
1000 Beet
Gettysburg
Fremo, OA
08700
(600)230.0000
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day and year first hereinabove wrltten.
PARTICIPANT
City of Lodi
��
Tod Patterson 4
Captain
14
DISTRICT
San Joaquin Valley Unified Air
Pollugon-6o rot District
ME
Seyed S dre in
Exec a Director/APCO
Approved as to legal form;
an Joaquin Val ey Unlfi d Air Pollution
ntrol District
Arfnette Ballatofe=Williamson
Dls4rict Counsel
Approved as to accounting form.,
San Joaquin Valley Unified Air Pollution
Control District i D
Mehrl Baratl, C.P,AV
Director of Administrative Services
For accounting use only,
Program: 07 2�2
Account No.:
C -91402-A
1. AA#
2. JV#
TO: Internal Services Dept. - Budget Division
3. FROM: Police Department 15. DATE: 5/6/15
4. DEPARTMENT/DIVISION:
B. 403 40399100 1 77040 lVehicle Replacement Fund
USE OF
FINANCING
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Grant funds will cover $40,000 of the cost of two Zero Emmissions motorcycles to be used for park patrol and special
events. The remainder of funds will be expended from the Police Department Vehicle Replacement Fund appropriation.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: A:i Attach copy of resolution to this form.
Department Head Signature: 4
_ G -=
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
FUND #
BUS. UNIT #
ACCOUNT #
ACCOUNT TITLE
AMOUNT
OF
403
40300000
55024
Revenue - Other
$ 40,000.00
IG
403
40399100
32205
Fund balance
$ 4,506.00
B. 403 40399100 1 77040 lVehicle Replacement Fund
USE OF
FINANCING
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Grant funds will cover $40,000 of the cost of two Zero Emmissions motorcycles to be used for park patrol and special
events. The remainder of funds will be expended from the Police Department Vehicle Replacement Fund appropriation.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: A:i Attach copy of resolution to this form.
Department Head Signature: 4
_ G -=
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2015-55
A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING THE
SAN JOAQUIN-VALLEY AIR -POLLUTION -CONTROL DISTRICT
ALTERNATIVE FUEL GRANT, APPROVING THE SAN JOAQUIN
VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC BENEFIT
GRANTS PROGRAM FUNDING AGREEMENT EXECUTED BY LODI
POLICE DEPARTMENT ACCEPTING GRANT FUNDS, APPROVING
THE PURCHASE OF TWO ZERO EMISSIONS MOTORCYCLES, AND
FURTHER APPROPRIATING FUNDS
WHEREAS, at its October 15, 2014 meeting, the City Council adopted
Resolution No. 2014-194, authorizing the Lodi Police Department to apply for the
San Joaquin Valley Air Pollution Control District Alternative Fuel Grant to purchase two
Zero motorcycles; and
WHEREAS, the Lodi Police Department has received confirmation that it has
been awarded the $40,000 Alternative Fuel Grant and has executed the San Joaquin
Valley Unified Air Pollution Control District Public Benefit Grants Program Funding
Agreement on April 2, 2015 for receipt of grant funds; and
WHEREAS, staff respectfully requests that the City Council accept the
San Joaquin Valley Air Pollution Control District Alternative Fuel Grant, approve the
San Joaquin Valley Unified Air Pollution Control District Public Benefit Grants Program
Funding Agreement, executed by Lodi Police Department, accepting the grant funds in
the amount of $40,000; and
WHEREAS, staff further recommends the approval for the purchase of two Zero
Emissions motorcycles for park patrol and enforcement at a cost of $22,253 each. The
Zero DS motorcycles were chosen because of their reliability, low maintenance, battery
range and capacity, maneuverability, and lightweight chassis; and
WHEREAS, the Zero has a top speed of 95 mph and can travel a maximum of
164 miles on a charge. It has regenerative braking and has options for on- or off-road
use. With no gears, clutch, or noise, officers can focus on patrolling and can perform
highly technical maneuvers during intense situations where performance and agility are
essential; and
WHEREAS, because the San Joaquin Valley Air Control District grant funds fall
short of the total cost for two Zero motorcycles, the Police Department requests the
appropriation of $4,506 from the Vehicle Replacement fund to offset the shortage of
funds, in addition to the appropriation of the $40,000 grant funds for the purchase of the
motorcycles.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
1) Accept the San Joaquin Valley Air Pollution Control District Alternative Fuel Grant; 2)
Approve the San Joaquin Valley Air Pollution Control District Public Benefit Grants
Program Funding Agreement executed by Lodi Police Department accepting Grant
funds; 3) Approve the purchase of two Zero Emissions motorcycles in the amount of
$22,253 each; and
BE IT FURTHER RESOLVED, that the City Council hereby approves
appropriating funds in the amount of $4,506 from the Vehicle Replacement fund and
$40,000 San Joaquin Valley Air Pollution Control District Alternative Fuel Grant for the
purchase of the two Zero Emissions motorcycles.
Dated: May 20, 2015
I hereby certify that Resolution No. 2015-55 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 20, 2015, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
4-�WA�, �' '4
NIFER FERRAIOLO
City Clerk
2015-55