HomeMy WebLinkAboutAgenda Report - May 18, 2022 C-17CITY OF AGENDA ITEM • 17
A
CALIFORNIA
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute the San Joaquin Valley Air
Pollution Control District Public Benefit Grants Program Funding Agreement for the
Purchase of Two Zero Motorcycles and Appropriate Funds ($51,387)
MEETING DATE:
PREPARED BY:
May 18, 2022
Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute the San Joaquin
Valley Air Pollution Control District Public Benefit Grants Program Funding
Agreement for the purchase of two Zero motorcycles and appropriate funds
in the amount of $51,387.
BACKGROUND INFORMATION: On May 19, 2021 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 the purchase of two Zero motorcycles at a
cost of $51,386.79. The Lodi Police Department staff chose the Zero Motorcycles because of their reliability,
low maintenance, battery range, and capacity.
The DSRP NA ZF14.4 is an electric motorcycle with a police package. It has a top speed of 102 mph and can
travel a maximum of 196 miles per charge. These motorcycles will be used by our traffic unit for traffic, DUI, and
special event enforcement.
Staff requests that the City Council authorize the City Manager to execute the Funding Agreement for the
purchase of two Zero DSRP NA ZF14.4, an electric motorcycle, and appropriate funds in the amount of $51,387.
If funds are not expended by the end of the fiscal year 2022, funding will roll forward to the next fiscal year.
FISCAL IMPACT: San Joaquin Valley Air Pollution Control District grant funds will be used to
purchase Zero motorcycles ($40,000). Appropriate additional funds from
the vehicle replacement fund in the amount of $11,387.
APPROVED: Steve SChWabauer
Stephen Schwabauer, City Manager
Adopt Resolution Authorizing City Manager to Execute the San Joaquin Valley Air Pollution Control District
Public Benefit Grants Program Funding Agreement for the Purchase of Two Zero Motorcycles and Appropriate
Funds ($51,387)
May 18, 2022
Page 2
FUNDING AVAILABLE: PD Miscellaneous Grants - 21600000.56401 (revenue) - $40,000
PD Miscellaneous Grant - 21699000.77040 (expense) - $40,000
Vehicle Replacement Fund — 64399100.77040 (expense) - $11,387
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Sierra Brucia
Chief of Police
Signature: Oovj, ''r
Email: akeys@lodi.gov
Signature:
Email: sschwabauer@lodi.gov
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
Agreement No. G -113724-A1
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
, 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
I I 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:
12.
1. To the text of this Agreement
2. Exhibit to this Agreement
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 one
(1) year from the 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
(559) 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
Twenty Thousand And 00/100 dollars ($20,000.00) for the purchase of the new
alternative fuel vehicle(s) identified in Exhibit A. The maximum funding provided per
vehicle is limited to the corresponding Eligible Amount 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) 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. The payment
procedures document shall be provided to Participant by the District. Payment is for
reimbursement to the Participant for the purchase of 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 Total Eligible Amount specified in Exhibit A.
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-8000
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
and disclose the remaining Agreement term. The Participant shall be responsible for
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
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.
In the event that the new alternative fuel vehicle(s) purchased under this
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1990 East
Gettysburg
Fresno, CA
93726
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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 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.
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(669) 230-6000
1113. NOTICES
The persons and their addresses having authority to give and receive
notices under this Agreement are as follows:
II PARTICIPANT
Stephen Schwabauer
City Manager
PO Box 3006
Lodi, CA 95241
DISTRICT
Samir Sheikh
Executive Director/APCO
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
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.
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
116. 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.
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.
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.
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
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
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
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
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
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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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.
PARTICIPANT
City of Lodi
Stephen Schwabauer
Approved as to Form:
JANICE D. MAGDiCH
City Attorney
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DISTRICT
San Joaquin Valley Air Pollution
Control District
Samir Sheikh
Executive Director/APCO
Approved as to legal form:
San Joaquin Valley Unified Air Pollution
Control District
Annette A. Ballatore
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.:
I:eaiISM111-1111
DocuSign Envelope ID: BC729BBO-C953-4AOF-B4F3-5FBC4D446B6C
City of Lodi
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase Component
Application Number: G-113724
Vehicle Make: Zero
Vehicle Model: DSRP
Vehicle Model Year: 2021
Vehicle Type: Battery -Electric
Maximum Eligible Amount: $20,000.00
Exhibit A
Certificate Of Completion
Envelope Id: BC729BBOC9534AOFB4F35FBC4D446B6C
Subject: Public Benefit: G -113724-A1 City of Lodi.pdf
Source Envelope:
Document Pages: 15 Signatures: 0
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
1/19/2022 4:58:48 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Stephen Schwabauer
sschwabauer@lodi.gov
City manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/24/2022 7:36:14 AM
ID:04409307-Oc60-423d-8089-e9be960971f1
Annette Ballatore
co-counsel@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounting Technician
finance-contracts@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mehri Barati
finance-signatures@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sheraz Gill
apcocontracts@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Misa Velasco / Lupe Reyes
contracts@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
DocuSign,
Status: Sent
Envelope Originator:
Valley Air District
1990 E GETTYSBURG AVE
FRESNO, CA 93726
contracts@valleyair.org
IP Address: 207.177.131.202
Holder: Valley Air District Location: DocuSign
contracts@valleyair.org
Pool: StateLocal
Pool: SJVAPCD Location: DocuSign
Signature Timestamp
Sent: 1/19/2022 5:00:23 PM
Resent: 2/10/2022 9:54:26 AM
Viewed: 2/24/2022 7:36:14 AM
Signer Events
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Timestamp
Not Offered via DocuSign
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Signature
Timestamp
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Status
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Intermediary Delivery Events
Status
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Hashed/Encrypted
1/19/2022 5:00:23 PM
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 3/23/2020 2:54:26 PM
Parties agreed to: Stephen Schwabauer
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, SJVAPCD (we, us or Company) may be required by law to provide to you
certain written notices or disclosures. Described below are the terms and conditions for providing
to you such notices and disclosures electronically through the DocuSign system. Please read the
information below carefully and thoroughly, and if you can access this information electronically
to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please
confirm your agreement by selecting the check -box next to `I agree to use electronic records and
signatures' before clicking `CONTINUE' within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact SJVAPCD:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: imtiaz.haq@valleyair.org
To advise SJVAPCD of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at imtiaz.haq@valleyair.org and in
the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from SJVAPCD
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to imtiaz.haq@valleyair.org and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with SJVAPCD
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to imtiaz.haq@valleyair.org and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https:Hsupport.docusi ng com/guides/signer-guide-
signin g -system -requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify SJVAPCD as described above, you consent to receive
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by SJVAPCD during the course of your relationship with SJVAPCD.
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DocuSign Envelope ID: BC729BBO-C953-4AOF-B4F3-5FBC4D446B6C
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
Agreement No. G-113724-A,i
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT
PUBLIC BENEFIT GRANTS PROGRAM
FUNDING AGREEMENT
(Never Alternative Fuel Vehicle Purchase)
This Agreement is made and entered into this day of
by and between the SAN JOAQUIN VALLEY UNIFIED AIR
'OLLUTION 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 eets 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 one
(1) year from the 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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DocuSign Envelope ID: BC729BBO-C953-4AOF-B4F3-5FBC4D446B6C
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 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
Twenty Thousand And 00/100 dollars ($20,000.00) for the purchase of the new
alternative fuel vehicle(s) identified in Exhibit A. The maximum funding provided per
vehicle is limited to the corresponding Eligible Amount 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) 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. The payment
procedures document shall be provided to Participant by the District. Payment is for
reimbursement to the Participant for the purchase of 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 Total Eligible Amount specified in Exhibit A.
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G -113724-A1
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559)230-6000
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;
rd
G -113724-A1
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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,
IN
G -113724-A1
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DocuSign Envelope ID: 60729660-C953-4AOF-B4F3-5FBC4D446B6C
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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
and disclose the remaining Agreement term. The Participant shall be responsible for
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SJVUAPCD
1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
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.
In the event that the new alternative fuel vehicle(s) purchased under this
G -113724-A1
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1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
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 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.
M
G -113724-A1
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1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
1113. NOTICES
The persons and their addresses having authority to give and receive
notices under this Agreement are as follows:
Stephen Schwabauer
City Manager
PO Box 3006
Lodi, CA 95241
Samir Sheikh
Executive Director/AIDC®
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 agreesto
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
any candidate for public office contrary to federal or state laws, statutes, regulations,
rules, or guidelines.
10
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1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
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.
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.
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.
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
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1990 East
Gettysburg
Fresno, CA
93726
(559) 230-6000
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
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
12
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1990 East
Gettysburg
Fresno, CA
93726
(559)230-6000
Agreement, and the Agreement shall then be construed as if such unenforceable
provisions are not a part hereof.
250 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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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.
PARTICIPANT
Stephen Schwabauer
Approved as to Form:
JANICE D. MAGDICH
City Attorney
7)
14
DISTRICT
San Joaquin Valley Air Pollution
Control District
Samir Sheikh
Executive Director/APCO
Approved as to legal form:
San Joaquin Valley Unified Air Pollution
Control District
Annette A. Ballatore
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.:
G -113724-A1
DocuSign Envelope ID: BC729BB0-C953-4AOF-B4F3-5FBC4D446B6C
City of Lodi
SARI JOAQUIN 0/ALLEY AIR POLLUTION CONTROL DISTRICT
Public Benefit Grants Program
New Alternative Fuel Vehicle Purchase Component
Application Number: G-113724
Vehicle Make: Zero
Vehicle Model: DSRP
Vehicle Model Year: 2021
Vehicle Type: Battery -Electric
Maximum Eligible Amount: $20,000.00
Exhibit A
DocuSign
Certificate Of Completion
Envelope Id: BC729BBOC9534AOFB4F35FBC4D446B6C
Status: Sent
Subject: Public Benefit: G -113724-A1 City of Lodi.pdf
Source Envelope:
Document Pages: 15 Signatures: 0
Envelope Originator:
Certificate Pages: 5 Initials: 0
Valley Air District
AutoNav: Enabled
1990 E GETTYSBURG AVE
Envelopeld Stamping: Enabled
FRESNO, CA 93726
Time Zone: (UTC -08:00) Pacific Time (US & Canada)
contracts@valleyair.org
IP Address: 207.177.131.202
Record Tracking
Status: Original Holder: Valley Air District
Location: DocuSign
1/19/2022 4:58:48 PM contracts@valleyair.org
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: SJVAPCD
Location: DocuSign
Signer Events Signature
Timestamp
Stephen Schwabauer
Sent: 1/19/2022 5:00:23 PM
sschwabauer@lodi.gov
Resent: 2/10/2022 9:54:26 AM
City manager
Viewed: 2/24/2022 7:36:14 AM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/24/2022 7:36:14 AM
ID:04409307-Oc60-423d-8089-e9be960971f1
Annette Ballatore
co-counsel@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounting Technician
finance-contracts@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mehri Barati
finance-signatures@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sheraz Gill
apcocontracts@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Misa Velasco / Lupe Reyes
contracts@valleyair.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Signer Events
Signature
Timestamp
Not Offered via DocuSign
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
1/19/2022 5:00:23 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 3/23/2020 2:54:26 PM
Parties agreed to: Stephen Schwabauer
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, SJVAPCD (we, us or Company) may be required by law to provide to you
certain written notices or disclosures. Described below are the terms and conditions for providing
to you such notices and disclosures electronically through the DocuSign system. Please read the
information below carefully and thoroughly, and if you can access this information electronically
to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please
confirm your agreement by selecting the check -box next to `I agree to use electronic records and
signatures' before clicking `CONTINUE' within the DocuSign system.
Getting papeir copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All nnofices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact SJ-VAPCD:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: imtiaz.haq@valleyair.org
To advise S.IYAPcCD of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at imtiaz.haq@valleyair.org and in
the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from SJ-VAPCD
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to imtiaz.haq@valleyair.org and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with S.IYAPCD
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to imtiaz.haq@valleyair.org and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and soffi ✓are
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: htt s://su port.docusi n.com/guides/si er- ug ide-
si ping -system -requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to `I agree to use electronic records and signatures', you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify SJVAPCD as described above, you consent to receive
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by SJVAPCD during the course of your relationship with SJVAPCD.
—'l
Elk Grove Power Sports
Make
Model Serial No.
10297 E Stockton Blvd
Price (Incl factory options)
New
New
Elk Grove Ca 95624
Zero Motorcy
Zero Motorcy
DSRP 14.4 - Blac
DSRP 14.4 - Blac
916-714-7223
$20,595.00
$20,595.00
Document or Administration Fees
MULTI -UNIT QUOTE
Subtotal
Lodi Police Department
C !S(6ate
(,
215 W Elm St
®�
Deal No.
Salesperson James Nau
Lodi, CA 95240 95240
pt`s \
Lienholder None
H W
C 209-269-4848 Email
tivey@lodi.gov
I hereby agree to purchase the following units) from you under the terms and conditions specified. Delivery is to be made
as soon as possible. It is agreed, however, that neither you nor the manufacturer will be liable for failure to make delivery.
Unit Information
New/U
Year
Make
Model Serial No.
Stock No.
Price (Incl factory options)
New
New
2022
2022
Zero Motorcy
Zero Motorcy
DSRP 14.4 - Blac
DSRP 14.4 - Blac
POLICE UNI
POLICE UNI
$20,595.00
$20,595.00
Options:
60.00
$$2.00
Dealer Unit Price
$41,190.00
Factory Options$0.00
------
$47,027.86
Added Accessories
$0.00
Freight
$1,190.00
Dealer Prep
$830.00
Document or Administration Fees
$170.00
Subtotal
$43,380.00
Sales Tax
$3,578.86
Tire Fee $7.00
NOTICE TO BUYER: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled in copy of this
agreement. (3) If you default in the performance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for
the unpaid indebtedness evidenced by this agreement. ti
TRADE-IN NOTICE: Customer represents that all trade in units described above are free of all liens and encumbrances except as noted.
'With Approved Credit. Interest rates and monthly payment are approximate and may vary from those determined by the lender.
A 4% processing fee will be added to credit card transactions.
Thank You for Choosing Elk Grove Power Sports, Northern California's Premiere Powersports Dealership. This is a Purchase Agreement.
By signing below, you agree to purchase the products above at the listed price. All deposits are non-refundable.
Customer(s) Signature --_________ — —_ Dealer Signature
60.00
$$2.00
Battery Fee
--------------- —
Cash Price
------
$47,027.86
Trade Allowance
$0.00
Payoff
$0.00
Notes: --- ---------------------
Net Trade
$0.00
Net Sale (Cash Price - Net Trade)
$47,027.86
Title/License/Registration Fees
$58.00
Trade Information Sub Total
Cash Down Payment
$47,085.86
$0.00
Amount to Pay/Finance
$47,085.86
NOTICE TO BUYER: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled in copy of this
agreement. (3) If you default in the performance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for
the unpaid indebtedness evidenced by this agreement. ti
TRADE-IN NOTICE: Customer represents that all trade in units described above are free of all liens and encumbrances except as noted.
'With Approved Credit. Interest rates and monthly payment are approximate and may vary from those determined by the lender.
A 4% processing fee will be added to credit card transactions.
Thank You for Choosing Elk Grove Power Sports, Northern California's Premiere Powersports Dealership. This is a Purchase Agreement.
By signing below, you agree to purchase the products above at the listed price. All deposits are non-refundable.
Customer(s) Signature --_________ — —_ Dealer Signature
Elk Grove Power Sports
"IMWN, AM
a�...CS,l' y d '�xilei;
r k� ;,:_-{:nj„ 3SM'i
10297 E Stockton Blvd
Elk Grove, Ca 95624
�'_'` -'„`; "r.Data, 03/24/2022 5:04 PM
-
-s`ry
916-714-7223
`,�Sotd,?�'S/Q`��La'��`'#tLU S�"'�2`13d'��'�'�y' (ir`., t vF-r�,.tl�'x�=�"�it •:4vi�Y"fi> '�:.?;ra��w�� ME,� v a �� s
ar1fi�TUMb�€r
><
,,,_�
0 2 0 0 10-05722
ZER Zero Commuter Screen $399.98 $359.98
0 2 0 0 10-08093
ELK Rain Guard 2017 Zero S $45.00
1 1 0 0 10-08060
ZER BLACK ZERO HAND GUARDS BY CYCRA $339.98 $305.98 UP
ZERO DS RACK
3
0 2 0 0 10-08131
ZER ZERO 2018 DSR PARKING BRAKE KIT $538.46 $484.62
1 1 0 0 10-08119
ZER 16 ZF 13.0 ZERO 22 LITER SIDE CASES BY $1,200.00 $1,080.00 UP
GIVI AND RACK KIT RACK
3
0 2 0 0 10-07057
ZER LED LICENSE PLATE KIT, PD $440.00 $396.00
8 0 0 0 GIFTCARD
ELK GIFTCARD $1,320.00 PARTS
ACC
Subtotal $4,283.42
Less Discount ($291.84)
Sales Tax $309.35
Quote Total $4,300.93
Deta(' `IR MRR 'a���"<.`.:£'"',,�Pe'.[cenfT�;-`
S;:fs
Sales Tax % State Sales Tax
7.25% $289.39
Sales Tax % City Sales Tax
0.50% $19.95
This is a Part Quote only. All prices are subject to change.
Thank You For Choosing Elk Grove Power Sports; Northern California's Premiere Power Sports Dealership. All special orders are subject to a 20%
Restocking Fee. All returns must be made within 7 days with the original receipt. No returns on electrical items. No returns or exchanges on helmets.
No returns on decals, stickers or manuals. No returns on clearance items. No returns on Ducati parts and Ducat! accessories. No cash refunds. In
store credit, credit card or company check will be the method of refund payment. No exceptions. Refunds will not be provided on special orders that
have not been picked up within 60 days. By signing this parts Invoice, you acknowledge the return policy and the parts received are in good condition.
Checks of any type are not accepted as a form of payment. BRP parts may take up to 2 weeks for delivery. Piaggio, Triumph, and Ducati may take up
to 3 weeks for delivery.
Signature
(This is not an Invoice)
Date
RESOLUTION NO. 2022-130
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SAN JOAQUIN VALLEY AIR POLLUTION
CONTROL DISTRICT PUBLIC BENEFIT GRANTS PROGRAM FUNDING
AGREEMENT FOR THE PURCHASE OF TWO ZERO MOTORCYCLES; AND
FURTHER APPROPRIATING FUNDS
WHEREAS, the Lodi City Council authorized the City Manager to apply for the
San Joaquin Valley Air Pollution Control District Alternative Fuel Grant on May 19, 2021; 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 Zero motorcycles; and
WHEREAS, the Lodi Police Department staff chose the Zero motorcycles because it has
a top speed of 102 mph and can travel a maximum of 196 miles per charge; and
WHEREAS, the DSRP NA ZF14.4 is an electric motorcycle with a police package; and
WHEREAS, staff requests that the City Council authorize the City Manager to execute the
Funding Agreement for the purchase of two Zero DSRP NA ZF14.4, an electric motorcycle, and
appropriate funds in the amount of $51,387.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute the San Joaquin Valley Air Pollution Control District Public Benefit
Grants Program Funding Agreement for the purchase of two Zero motorcycles; and
BE IT FURTHER RESOLVED that the City Council does hereby appropriate funds in the
amount of $51,387:
PD Miscellaneous Grants - 21600000.56401 (revenue) - $40,000
PD Miscellaneous Grant - 21699000.77040 (expense) - $40,000
Vehicle Replacement Fund — 64399100.77040 (expense) - $11,387
BE IT FURTHER RESOLVED that if funds are not expended by the end of Fiscal Year
2022, funding will roll forward to the next fiscal year.
Date: May 18, 2022
I hereby certify that Resolution No. 2022-130 was passed and adopted by the Lodi City
Council in a regular meeting May 18, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Kuehne
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-130