HomeMy WebLinkAboutAgenda Report - June 7, 2017 C-13TM
AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
C•••
13
AGENDA TITLE: Adopt Resolution Ratifying the City Manager's Execution of the San Joaquin Valley
Air Pollution Control District Public Benefit Grants Program Funding Agreement for
the Purchase of Two STAR EV Utility Carts (New Alternative Fuel Vehicle
Purchase), and Appropriate Funds in the 2017/18 Budget ($33,922)
MEETING DATE: June 7, 2017
PREPARED BY: Chief of Police
RECOMMENDED ACTION
Adopt resolution ratifying the City Manager's execution of the San
Joaquin Valley Air Pollution Control District Public Benefit Grants
Program Funding Agreement for the purchase of two STAR EV
Utility Carts (New Alternative Fuel Vehicle Purchase), appropriate
funds in the 2017/18 Budget ($33,922).
BACKGROUND INFORMATION: On May 4, 2016 the City Council authorized the City Manager to
apply for the San Joaquin Valley Air Pollution Control District
Alternative Fuel Grant to purchase clean air vehicles. The application
was approved and the Lodi Police Department has been awarded the Alternative Fuel Grant for purchase
of two STAR EV Utility Carts at a cost of $16,961 each. The Lodi Police Department staff chose the
STAR EV Utility Carts because of their reliability, low maintenance, battery range, and capacity.
These vehicles will be used for special events patrol, such as the semi-annual Street Faire, weekly
Farmer's Market, Grape Festival and other special events as needed. The AP48-04 is an open -style 4
passenger electric vehicle with a police package. It has a top speed of 25 mph and can travel a maximum
of 50 miles per charge. It has regenerative braking and has options for on- or off-road use.
The San Joaquin Valley Air Pollution Control District Public Benefit Grants Program Funding Agreement
had to be executed by June 6, 2017. Accordingly, the City Manager executed the Agreement subject to
ratification by the City Council. Respectfully, staff requests that the City Council ratify the Funding
Agreement for the purchase of two STAR EV Utility Carts, and appropriate funds in the 2017/18 budget in
the amount of $33,922.
FISCAL IMPACT:
FUNDING AVAILABLE:
No impact to the General Fund.
San Joaquin Valley Air Pollution Control District grant funds will be
used to purchase utility carts ($33,922). Appropriate funds in the
2017/18 fiscal year budget accounts 21600000.56401 (revenue)
and 21699000.77020 (expense)
APPROVED:
VP. c w-
, City Manager
Adopt Resolution Ratifying the City Manager's Execution of the San Joaquin Valley Air Pollution Control
District Public Benefit Grants Program Funding Agreement for the Purchase of Two STAR EV Utility
Carts (New Alternative Fuel Vehicle Purchase), and Appropriate Funds in the 2017/18 Budget ($33,922)
June 7, 2017
Page Two
a444/14
Andrew Keys
Deputy City Manager/Internal Services Director
dire
David Griffin
Police Captain
cc: City Attorney
Fleet Services Supervisor
se San Joaquin Valley
lais AIR POLLUTION CONTROL DISTRICT
May 23, 2017
Janelle Baker
City of Lodi
PO Box 3006
Lodi, CA 95241
HEALTHY AIR LIVING
RE: Project Status: Agreement
Public Benefit Program Alt -Fuel Component - Project Number: C -46085-A
Dear Janelle Baker:
Thank you for your interest in the San Joaquin Valley Air Pollution Control District (SJVAPCD) Incentive Programs.
Your project has been approved for funding.
Please find the grant amount on the enclosed contract under the section: COMPENSATION.
Note: If the actual project costs are less than the estimated costs stated in your application, the
funding amount may be reduced.
An agreement is enclosed along with the SJVAPCD Disclosure of Funds form. Please carefully review the terms and
conditions of the agreement and verify that the information in the agreement is accurate. In addition, please review
and complete the Disclosure of Funds form. Please sign and return both the agreement and the Disclosure of Funds
form to the SJVAPCD Central Region Office in Fresno, California no later than June 06, 2017.
Agreements are executed after signatures from all parties involved (Applicant and SJVAPCD) have been obtained.
Do not purchase, order, or in any way take possession of the new alternative fuel vehicle(s) until you are notified that
your agreement has been executed. Your agreement is not yet executed.
Please do not date or place any stamps on the agreement. The agreement will be dated when the final signature
is received.
If you have any questions, please call (559) 230-5800 or email weberip(a vallevair.orq and the Incentive Programs
staff will be happy to assist you. Please be sure to reference your Project Number C -46085-A.
Sincerely,
Public Benefit Program Staff
Incentive Programs
Enclosures (2)
Application Received: 05/23/2016 8:37:00 AM
Seyed Sadredin
Executive Director/Air Pollution Control Officer
Northern Region
4800 Enterprise Way
Modesto, CA 95356-8718
Tel: (209) 557-6400 FAX: (209) 557-6475
Central Region (Main Office)
1990 E. Gettysburg Avenue
Fresno, CA 93726-0244
Tel: (559) 230-6000 FAX: (559) 230-6061
www.valleyair.org www.healthyairliving.corn
Southern Region
34946 Flyover Court
Bakersfield, CA 93308-9725
Tel: (661) 392-5500 FAX: (661) 392-5585
SJVAPCD Disclosure of Funds
Identification of Potential Co -Funding
Public Benefit Program Alt -Fuel Component
Project Number: C -46085-A
To be eligible to receive incentive funding from the San Joaquin Valley Air Pollution Control District (SJVAPCD),
you must indicate below if you have applied for or received funding from any other sources for this project. You
must also indicate if you intend to apply for additional funding from other sources in the future for this project.
Examples of additional funding sources include, but are not limited to, the USDA EQIP, California Air Resources
Board Peaker Offset Program, and private sources. Additionally, you are required to disclose the value of any
current financial incentive that directly reduces the project cost, including tax credits or deductions, grants, or
other public financial assistance for the same engine.
Information provided on this form may be shared as required by federal, state, and local laws. Any owner,
designee, or other third party who is found to have submitted multiple applications or signed multiple contracts for
this same specific project without proper disclosure shall be disqualified from funding for that project from all
sources within the control of the SJVAPCD, other air districts, or ARB.
NOTE: Applying for or receiving funding from other sources for this project does not necessarily preclude you
from applying for or receiving funding from the SJVAPCD.
Applicant certifies (please check one):
❑ Yes, I HAVE applied for funding from other sources. List applicable Source, Program and
Project/Reference Number(s).
Indicate Funding amount $
No, I HAVE NOT applied and WILL NOT apply for funding from other sources.
Please list here any current financial incentive(s) you have received which directly reduces the project cost:
Stephen Schwaubauer
Contract Signing Authority
ure Date
(**Date required on this document, do not date the contract.)
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
Agreement No. C -46085-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 day of
2017, 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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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 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 vehicle(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. TIMETABLE/PERIOD 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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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(659) 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
Thirty -Three Thousand Nine Hundred Twenty -One And 08/100 dollars
($33,921.08) 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 vehicle(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 than the costs
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
specified on the application. The District also reserves the right to reduce the funding
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;
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
2. Proof of current California registration for the new alternative
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
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
to the District;
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,
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
agent, servant, employee, joint venture, partner, or associate of District or ARB.
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 vehicle(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 vehicle(s) of the Agreement provisions
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
and disclose the remaining Agreement term. The Participant shall be responsible for
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
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
submitted annually with the Participant's annual report.
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(s) 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
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
for at least two (2) years after the equipment project term or three (3) years after final
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
Stephen Schwaubauer
City Manager
City of Lodi
221 W. Pine St.
Lodi, CA 95240
DISTRICT
Seyed Sadredin
Executive Director/APCO
San Joaquin Valley Unified APCD
1990 East Gettysburg Ave.
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
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559)230.6000
Agreement shall be used for any political activity, or to further the election or defeat of
any 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
California.
17. 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.
19. 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 successors -in -interest, assigns, and legal representatives.
///
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(659)230.8000
21. TIME IS OF THE ESSENCE
It is understood that for Participant's performance under this Agreement,
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 Participants 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.
12
C -46085-A
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
24. SEVERABILITY
In the event that any one or more of the provisions contained in this
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.
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1/1
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C -46085-A
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day and year first hereinabove written.
City of Lodi
PARTICIPANT DISTRICT
atia
anlikaa
Warr
ar chwaur'.
St
San Joaquin Valley Air Pollution
Control District
Seyed Sadredin
City Manager Executive Director/APCO
Approved as to form
Deputy City A
Approved as to legal form:
San Joaquin Valley Unified Air Pollution
Control District
Annette Ballatore-Williamson
District Counsel
Approved as to accounting form:
San Joaquin Valley Unified Air Pollution
Control District
Mehri Barati, C.P.A.
Director of Administrative Services
For accounting use only:
Program:
Account No.:
14
C -46085-A
• SIVAPCD Public Benefit Grants Program
Please return all completed applications to:
SJVAPCD Strategies and Incentives Department
1990 East Gettysburg Avenue; Fresno, CA 93726-0244
Applicant Information
M
o
SSan Joaquin Valley N
AIR POLLUTION CONTROL DISTRICT ZE
ic.
PUBLIC BENEFIT GRANTS PROGRAM
New Alternative Fuel Vehicle Purchase
Application
C
9 o%5
1. PublicAgenc _Name (as it appears on Form W-9):
2. Tax ID
Taxpayer ID Number (TIN) /It' (/ 66673 to i
1
3. Address•
4. Cit :,
(� e_
5. State:
C .
6. ZIP Code•
9.56716
3.IlingAdd;ess (If different from above):
l • : TXy 'JW Co
8, City:
id:51
9 State:
Ca .
10, ZIP Code:
95-16/
11. Have you applied to any other grant programs for any vehicle in this application?
\lo ❑Yes—Name of GrantProgram(s):
Primary Contact Information
(j...—F-1 st Name:
1
2. Last Name:
3', Title:
� �
� ,,,,, 1`,
('
f7
4.__E, -Mail: to
Contact Number:
^ *Q
7. Fax Number:
( x(91) 5 9 -
ri-00-
5. Ph ne
611bgi ,3
imber:
9)
GQ 7 0
6.
Alternate
Contract Signing Authority
Exhibit A
ii
Appllcatl rd
New Vehicle Purchal@�
Page 1 of 5
Approved March 2013
New Vehicle Inform
ion- Complete a
partite page fo
each vehicle make/model
1. Number of Vehicles:
2. Vehicle Type (please select one):
Electric
Plug -In Hybrid
Vehicle
Vehicle
lbs.)
CNG, LNG, or LPG
o Light -light Duty Vehicle
(GVWR < 8,500 lbs.)
T ansport/Utility Cart
0Scooter
❑ Bicycle
o Other (specify):
0 Light -Light Duty
(GVWR < 8,500 lbs.)
❑ Light -Medium Duty
(GVWR 8,501- 14,000
0 Other (specify):
0 Light -light Duty Vehicle
(GVWR < 8,500 lbs.)
0 Light -Medium Duty Vehicle
(GVWR 8,501- 14,000 lbs.)
0 Transport/Utility Cart
o Other (specify):
3, Vehicle Make:
S- \-;V OA
4. Vehicle Model;
IC 'N'TQLM r01-1
5. Vehicle Model Year:
Dile
6. Vehicle GVWR:
14196 lbs.
7. Engine Horsepower/Kilowatts;
8. Fuel Type:
)3/Electric 0 Plug -In Hybrid 0 CNG 0 LNG 0 LPG 0 Other (specify):
9. Manufacturer's estimated range for fully charged vehicle (electric vehicles only):
10, Total Cost of each flew Vehicle:
tit /Pi (1 a51
in place
infrastructure or
11. Total Funding Re uested from SJVAPCD (per vehicle):
°lie the o.5
for the proposed vehicle(s)? }es'es ❑ No
gaining access to existing infrastructure:
12. Is there existing charging/fueling infrastructure
If no, please describe a plan for building
13. Flow do you intend to pay for the remaining
❑ Co -funding (please name source):.
0 Other (please specify):...
balance of the project after the grant has been applied?
_.. _....... _. _.:_...
New Vehicle Dealer inform
ion
1. Vehicle Dealer Name:
ontact /,$aiesperson Name:
4. Phone Number:
hmc-6,-;1 Cpm
539 - ce5 - 31
Exhibit A
Internal use only
GMS Unit(s):
Application
New Purchase
Page 2 of 5
Approved March 2013
New Vehicle Activity Information- Complete a separate page for each vehicle make/model
"If applying for multiple vehicles that will be performing different activities, please complete a separate section for each
different vehicle activity
1. Numher of vehicles with same vehicle activity:
C:).?
2. Use within SJVAPCD boundaries: 3. Use within CA boundaries: 4. Estimated Annual Vehicle Usage fV,C)
>\
lCD % 100 %
—Q" e (per vehicle): al,aL„(
..'3L 5 111'5 refs Lia lzz «: y1.,
5. VehicleVocation/Use (examples: law enforcement, emergency services, commuting, patrol, poo
Q ttw C tum rr. nv..v ci4Ai
6, Please mar the reason (or purchasing the iiehlcde(st�
0 Fleet Expans on - Please Ilst the vehiclel
s) you wouldire purchased had you not applied for thls grant;
O Vehicle Replacement - Please list the year, make, and model of the vehicle(s) to be replaced:
Other - Please specify:
-9-e- u6.\\ u -51 -JZ
CtieDI
New Vehicle Activity Information
Internal use only
GMS Ullt(s);
1. Number of vehicles with same vehicle activity:
2, Use within SJVAPCD boundaries: 1 3. Use within CA boundaries:
94
4. Estimated Annual Vehicle Usage
(per vehicle):
5. Vehicle Vocation/Use (examples: law enforcement, emergency services, commuting, patrol, pool vehicle, etc,):
6. Please mark the reason for purchasing the new vehicle(s):
O Fleet Expansion - Please list the vehicle(s) you would have purchased had you not applied for thls grant;
O Vehicle Replacement- Please Iist the year, make, and model of the vehicle(s) to be replaced:
O Other - Please specify:
Exhibit A
Internal use only
GMS Unit(s):
Application
New Purchase 4.4
Page 3 of 5
Approved March 2013
HMC Trailer
300 Commerce Dr.
Madera, CA 93637
T
PH: (559)675-8149 Fax: (559)675-8190
Proposal Review
Proposal Date: 3/28/2016
Version #:
Proposal ID:
Customer ID:
1
1005579
Delivery To:
Paula
Lodi PD
Lodi, CA 95240
Terms:
50% Down & 50% Due Upon Delivery
Qty Item ID
UOM Description
Your Price Savings Line Tota
2 custom(
2015 Classic 48-04 (ap4804)Police Open style 4
passenger electric vehicle with police package. The
STAR EV 48 volt system consists of eight (8) 6 volt
Trojan batteries that provide optimum efficiency and
ranges of up to 50 miles per charge without
sacrificing power with a programmable speed of 25
mph. Propelled by a 7 HP AC electric drive motor
with an automatic transmission and 450 amp Curds
Programmable Speed Controller which is the Industry
leading motor and controller. Adjustable armrest,
turn signals, head lights, tail lights, brake lights,
emergency lights, 48V to 12V voltage reducer for
accessories, back-up alarm, 2 point seat belts, horn,
rear and side view mirrors, AS1 DOT 430 automotive
windshield with wiper, rear window, tilt steering
wheel, 12 Inch tires and aluminum rims, dash
display, forward/reverse switch, amp meter,
voltmeter, speedometer, odometer, rear utility
storage box, battery charger, charger status, parking
brake, and 4 wheel hydraulic brakes, *Please note
we use AC motor upgrade due to superior
performance (especially on hilly terrain) and less
maintenance cost to the end user, Police package:
Strobe Light Bar, Falcon LED Light Bar, Multi Use
Charger USB, Deck Lights, Whelen Raider LED, PA
system.
Exhibit A
$14,241.24
$28,482,48
$28,482,46
Page 1
HMC Trailer
300 Commerce Dr.
Madera, CA 93637
PH: (559)675-8149 Fax; (559)675-8190
Proposal Review
Proposal Date:
Version #: 1
Proposal ID: 1005579
Customer ID:
3/28/2016
Delivery To:
Paula
Lodi PD
Lodi, CA 95240
Terms:
50% Down & 50% Due Upon Delivery
Qty Item ID
UOM Description
Your Price Savings Line Tota
Salesperson
For
Order Terms
MDG
50% due 6 weeks prior to delivery
Total Due
$16,960.54
$33,921.08
Approved By
Sub Total:
Taxes @: 8 %
'reight Estimate*:
:final Total:
$28,482.48
$2,278.60
$3,160.00
$,921.08
4Uniess noted F.O.B. Destination, freight`
barges will be added,
* Down payment is required when order is placed. Delays in receiving down payment may either delay
delivery or require payment of appropriate rush fees.
* Rush Order Fees (from date of order to delivery): 5 weeks: 3%, 4 Weeks: 7.5%, 3 weeks: 15%. All
rush orders require management approval of lead time requirements.
* Artwork must be provided for printed items in a timely manner in usable formats. Without sufficient
time (4 weeks prior to delivery) these items may be backordered at an additional expense.
* We need colors for special items well ahead of time (4-6 weeks) to guarantee delivery on time.
Without them items may be delayed.
* There will be a restocking Charge of 15% of any item canceled or substituted once production begins,
* There is a portion of this order which is for custom products. As such, they are nonreturnable and if
canceled, work in progress charges will apply.
* If taxes are due, they have been calculated for all taxable items and summed, except for Trailers.
Service items and other nontaxable items are not included in these calculations.
* Unless otherwise noted Trailer registration and taxes are the responsibility of the buyer.
Exhibit A
Page 2
Signature Form
Signing Authority to initial and sign in blue Ink
Certifications
By initialing each of the following sections, I certify that I have read the Eligibility Criteria and Application Guidelines and
agree to ALL of the following terms and conditions:
The:new vehicle(s) will be based within the geographic area of the SJVAPCD and seventy-five
percent (75%) or more of the vehicle miles traveled or fuel consumption will be within the
(,� boundaries of the 51VAPCD for at least three (3) years from the date the vehicle is placed into
Initial U-i`J/ service.
The new vehicle(s) will be used by a public agency located within the geographic area of the
Initial '1J SIVAPCD.
The vehicle(s) purchased is/are a new OEM electric, plug-in hybrid, or alternative fuel vehicle(s)
Initial eligible for thls program in accordance with the program guidelines.
Appropriate fueling or charging infrastructure for the new vehicle(s) is or will be readily available or
Initial Cei155 accessible.
Any funding received, including funding from other sources, combined with this grant will not
Initial 1- -' exceed the full cost of the new vehicle(s).
Additional funding sources, or other financial incentive(s) and funding amounts to be used towards
Initial this project are disclosed on the application.
Initial Project match funding is reasonably available to complete the project In a timely manner.
Applicant will not purchase or take delivery of the new vehicle(s) until receiving an executed
Initial Q%J-' contract with the SIVAPCD,
Initial _ SJVAPCD maintains the right to inspect the new vehicle(s) at any time during the contract period.
I hereby certify that all Information provided In this application and any attachments are true and correct to the best
of my knowledge.
Signing Authors Sign t rre Date _j
Exhibit A
Application
New Purchase y
Page of p,pa
Approved March 2013 ry
AP48-04 Pollee, AP48-04-D-Police
Star EV has what you need to show the community that you care about the environment and still get the job done. Available with or without
doors, outfit the Bubble Car to patrol your city, university or community. Ideal for events, these electric vehicles reach a top speed of 25 mph
and offer car -like comfort. Goes 50 miles on a single charge, front and rear tubular bumpers and custom paint and lettering available.
• Eight 6 V (48 V) batteries, Trojan T-105
• 4 passengers
• 7 hp AC motor
• 450 A Curtis programmable controller
with regenerative braking
• 2- or 3 -point seat belts
• Automotive windshield (DOT, AS1)
• Coil over shock front independent
suspension
• Police Package: includes amber strobe
light or patrol light with PA system,
accessory 12 V charger
Star EV, a brand of JH Global Services, Inc.
378 Neely Ferry Road, Simpsonville, SC 29680, USA -
Phone: .864.297.8833IFax: 864.297.70101 Toll free: 1.888.878.9988 1 www.starev.com
Speedometer, odometer
On -board charger
Front and rear tubular bumpers
Closeable glove boxes
Adjustable armrests, adjustable front
row backrest
Rear lockable storage box
30 A, 48 V to 12,V voltage reducer for
all accessories
19.5 mph maximum speed, 20-25 mph
with LSV option
Dimensions: 122"L x 59"W x 77"H
Options
• LSV (NEV) Street Legal Package
• Custom paint and tettering
• Heater, defroster
• Deluxe stereo and CD player with
two speakers
• Fan
a
Default color.
Custom colors are available.
Allow 12 weeks lead time.
WHITE
Specifications for 4 -Passenger Police Vehicle, Bubble Car Style*
AP48-04 AP48-04-D
Passengers 4 4 _ ---
Battery System 8x6 V,TrojanT-105 8x6 V, Trojan T-105
Motor Power 7hpAC 7hpAC
Controller Power 450A Curtis controller 1 450 A Curtis controller
Top speed 19.5 mph, 20-25 mph if LSV 19.5 mph, 20-25 mph if LSV
Load Capacity 7801bs 7801bs
Dimensions 122"Lx59"Wx77"H 122"Lx59"Wx77"H
Weight with Batteries 17601bs 1885 lbs
Ground Clearance 5" 5"
Turning Radius 14.7 ft 14.7 ft
Wheel Base 87.8" 1 87.8"
Top Climbing Grade 20% 20%
Body Material Reinforced fiberglass Reinforced fiberglass
Front Suspension Independent, coil over shocks Independent, coil over shocks
Rear Suspension Leaf spring and shock Leaf spring and shock
Steering System Rack and pinion Rack and pinion
Brake System Four-wheel hydraulic Four-wheel hydraulic
Tire Size 155R12, 6 -ply DOT 155R12, 6 -ply DOT
Tire Pressure - 51 psi 51 psi
Wheel Type 12"alminum 12"alminum
Chassis Welded steel frame Welded steel frame
Drive Train Direct rear drive Direct rear drive
Voltage Reducer 30 A, 48 V to 12 V included 30A, 48 Vto 12 V included
Windshield _ AS1, DOT automotive windshield w/ wiper AS1, DOT automotive windshield w/ wiper
Headlights, Taillights Included Included
Brake Lights, Turning Signals Included Included
Horn, Reverse Beeper Included Included
Seat Belts 2 -point seat belts 3 -point seat belts
Parking Brake Included _ Included
Speedometer, Odometer Included Included
Amp Meter,Batterylndicator Included Included
Emergency Light Switch Included Included
Automatic Battery Charger Included Included
Two year bumper -to -bumper warranty, less Two year bumper -to -bumper warranty, less
wear items wear items
Warranty
`Specs are subject to change
without notification.
www.starev.com
Your Local STAR EV Dealer:
r g
Front and tear tubular bumpers
Aluminum and glass doors (AP48-04-D)
Front dash with PA system
RESOLUTION NO. 2017-106
A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE
CITY MANAGER'S EXECUTION OF THE SAN JOAQUIN
VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC
BENEFIT GRANTS PROGRAM FUNDING AGREEMENT FOR
THE PURCHASE OF TWO STAR EV UTILITY CARTS (NEW
ALTERNATIVE FUEL VEHICLE PURCHASE), AND FURTHER
APPROPRIATING FUNDS IN THE 2017/18 BUDGET
WHEREAS, the Lodi City Council authorized the City Manager to apply for the
San Joaquin Valley Air Pollution Control District Alternative Fuel Grant on April 20, 2016; and
WHEREAS, the San Joaquin Valley Air Pollution Control District awarded the Lodi Police
Department Public Benefit Grants Program funding for the purchase of two STAR EV Utility
Carts; and
WHEREAS, the Lodi Police Department staff chose the STAR EV Utility Carts because
of their reliability, low maintenance, battery range, and capacity; and
WHEREAS, the AP48-04 is an open -style four -passenger electric vehicle with a police
package; and
WHEREAS, the San Joaquin Valley Air Pollution Control District Public Benefit Grants
Program Funding Agreement had to be executed by June 6, 2017, and accordingly, the
City Manager executed the Agreement subject to the ratification by the City Council; and
WHEREAS, staff recommends that the City Council ratify the City Manager's execution
of the Program Funding Agreement, and appropriate funds in the amount of $33,922 for the
2017/18 fiscal year budget accounts 21600000.56401 (revenue) and 21699000.77020
(expense).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby ratify the
City Manager's execution of the San Joaquin Valley Air Pollution Control District Public Benefit
Grants Program Funding Agreement for the purchase of two STAR EV Utility Carts; and
BE IT FURTHER RESOLVED that the City Council does hereby appropriate funds in the
amount of $33,922 for the 2017/18 fiscal year budget accounts 21600000.56401 (revenue) and
21699000.77020 (expense) for the purchase of two STAR EV Utility Carts.
Date: June 7, 2017
hereby certify that Resolution No. 2017-106 was passed and adopted by the Lodi City
Council in a regular meeting June 7, 2017, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
2017-106
NIFER ►,iP FERRAIOLO
ity Clerk