SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 1 of 28 APCD2025- CARL- 0007 This Grant Agreement is made and entered into on the Effective Date shown on the Signature Page, by and between the San Diego County Air Pollution Control District, a public agency of the State of California, District") and City of Chula Vista, a( n) public agency, located at 276 4th Avenue, Chula Vista, CA, 91910 Contractor"), with reference to the following facts:
R E C I T A L S:
WHEREAS, the San Diego County Air Pollution Control District Governing Board ( BOARD), by its action on February 13, 2025 ( APCD Agenda Item F. 1.), authorized the District to apply for and accept funding from the California Air Resources Board ( CARB) for the 2025 Carl Moyer Program ( Year 26 and 27) ( Program), and to comply with the requirements of that program which include the negotiation and execution of a Grant Agreement;
WHEREAS, the purpose of the Program is to provide incentives to contractors, which will assist the District in attaining federal and State air quality standards. Under this Program, the District provides cash incentives to be used toward the voluntary purchase of cleaner- than- required equipment ( e. g. engines, equipment, vehicles, and emission reduction technologies) in accordance with the October 2024 Carl Moyer Program Guidelines ( Program Guidelines);
WHEREAS, one of the approved projects is for CITY OF CHULA VISTA, to Forklift Replacement Project) using Program funds in an amount not to exceed $ 22, 516, as part of the budget approved by the BOARD on June 12, 2025 ( APCD Agenda Item E. 1.); WHEREAS, the District desires performance of the work specified in this Grant Agreement, and whereas the Contractor agrees to perform or otherwise complete the work subject to the following conditions as well as the Program Guidelines;
WHEREAS, Contractor desires to receive the incentive funds specified in this Grant Agreement, and possesses the skills, experience, education, and competency to perform and/ or complete the required work; NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the promises, and mutual covenants and agreements herein contained, the parties agree as follows:
ARTICLE I
PERFORMANCE OF WORK
A. Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the District, necessary or proper to perform and complete the work required of Contractor by this Grant Agreement. Contractor agrees to perform or otherwise complete the work subject to the conditions of this Grant Agreement as well as the Program Guidelines, which are incorporated herein by reference. Contractor agrees that only licensed professionals will be used to perform services under this Grant Agreement where such services are called for and licensed professionals are required for those services under State law. 1 SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 2 of 28 APCD2025- CARL- 0007 B. Contractor’ s Representative. Contractor represents and warrants that the person identified on the signature page ( Contractor’ s Representative) has full authority to act for Contractor hereunder.
C. Contractor as Independent Contractor. Contractor is, for all purposes of this Grant Agreement, an independent contractor, and neither Contractor nor Contractor’ s employees or subcontractors shall be deemed to be employees, officers, or agents of the District or CARB. Contractor shall perform its obligations under this Grant Agreement according to the Contractor’ s own means and methods of work, which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to control or supervision by the District or CARB except as to the results of the work. District hereby delegates to Contractor any and all responsibility for the safety of Contractor’ s employees, which shall include inspection of property to identify potential hazards. Neither Contractor nor Contractor’ s employees or subcontractors shall be entitled to any benefits to which District or CARB employees are entitled, including without limitation, overtime, retirement benefits, workers’ compensation benefits, and injury leave.
D. Contractor’ s Agents and Employees or Subcontractors. Contractor shall obtain, at Contractor’ s expense, all agents, employees, and subcontractors required for Contractor to perform its duties under this Grant Agreement, and all such services shall be performed by Contractor, or under Contractor’ s supervision, by persons authorized by law to perform such services. Retention by Contractor of any agent, employee, or subcontractor shall be at Contractor’ s sole cost and expense, and the District shall have no obligation to pay Contractor’ s agents, employees, or subcontractors; to support any such person’ s or entity’ s claim against the Contractor; or to defend Contractor against any such claim.
1. Contractor Responsibility. In the event any subcontractor is utilized by Contractor for any portion of the Project, Contractor retains the prime responsibility for carrying out all the terms of this Grant Agreement, including the responsibility for performance and insuring the availability and retention of records of subcontractors in accordance with this Grant Agreement. No subcontract utilizing funds from this Grant Agreement shall be entered into which has a term extending beyond the Agreement Term as defined on the Signature Page. Contractor shall name CARB and the state of California as third- party beneficiaries in all contracts and subcontracts entered into using grant funds, and shall upon CARB’ s request, send to CARB a copy of said agreement.
2. Mandated Clause. All subcontracts shall include a clause incorporating into the subcontract the following specific Articles required of Contractor herein:
a. Article VII: Compliance with Laws and Regulations
b. Article VIII: Conflicts of Interest; Contractor' s Conduct c. Article X: Insurance Requirements
d. Article XI: Inspection of Work
e. Article XII: Use of Documents and Reports
f. Article XIV: General Provisions
ARTICLE II
GRANT AGREEMENT ADMINISTRATION
A. District’ s Grant Agreement Administrator. The Air Pollution Control Officer is designated as the contracting officer (“ Contracting Officer”) and is the only District official authorized to make any
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 3 of 28 APCD2025- CARL- 0007 Changes to this Grant Agreement. The District has designated the individual identified on the signature page as the Contracting Officer' s Representative (“ COR”).
1. The District’ s COR will coordinate the District' s Grant Agreement administrative functions. The COR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor services, and provide other technical guidance as required. The COR is not authorized to change any terms and conditions of this Grant Agreement. Only the Contracting Officer, by issuing a properly executed amendment to this Grant Agreement, may make changes to the scope of work or total amount.
2. Notwithstanding any provision of this Grant Agreement to the contrary, District’ s COR may make Administrative Adjustments to the Grant Agreement, such as line item budget changes, or adjustments to the Grant Agreement requirements, which do not change the purpose or intent of the Scope of Work, the terms and conditions, the Agreement Term, or the total Grant Agreement amount. Each Administrative Adjustment shall be in writing and signed by COR and Contractor.
All inquiries about such Administrative Adjustment will be referred directly to the COR.
ARTICLE III
SCOPE OF WORK
A. Description of Project
1. The Contractor shall complete the replacement of the equipment described in Article III, Section G, below. The Contractor is prepared and able to perform the equipment replacement as required by the Program Guidelines. The Contractor also agrees to operate the replacement equipment in the same manner and at the same level of activity as the existing equipment, barring events outside of its control.
2. Contractor shall comply with the current Program Guidelines and criteria and shall meet all Program requirements for the full Agreement Term ( defined on the Signature Page). Contractor certifies that the emission reductions obtained through this Project are not required by any local, state, and/ or federal rule, regulation, or memorandum of agreement/ understanding, settlement agreement, mitigation requirement, or other legal mandate currently in effect and that the project will be completed at least three years prior to any applicable regulatory compliance deadline.
The engine emission technology on the replacement equipment must be certified to meet the current NOX, PM and/ or ROG requirements as defined in the Program Guidelines.
3. No emission reductions generated by the Program may be used as marketable emission reduction credits, or to offset any emission reduction obligation of any person or entity.
4. No project funded by the Program may be used for credit under any federal or state emission averaging banking and trading program.
5. Engines operating under a regulatory compliance extension granted by CARB, an air district, or the United States Environmental Protection Agency ( EPA) are not eligible for funding.
6. Throughout the Agreement Term, projects funded by the Program must not be used to generate compliance extensions or credit for regulatory compliance.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 4 of 28 APCD2025- CARL- 0007
7. Projects funded by the Program must be included when defining the size of the fleet for determining regulatory requirements.
8. Equipment may only use the fuel allowed by the engine certification during the entire Agreement Term. Fuel additives are not allowed to be used unless specifically identified as allowable in the engine certification.
9. Engine emission reduction technologies must be certified by CARB. If a CARB certification process does not exist or if engines are preempted from CARB certification, then an engine must be certified to federal standards.
10. For the purposes of the Program, a technology granted a conditional certification by CARB is considered certified.
11. Emission reduction technologies for sale in California must comply with all durability and warranty requirements.
B. Compliance with Air Quality Laws
1. Contractor certifies that contractor’ s fleet and equipment is in compliance with all applicable federal, state, and local air quality rules and regulations at time of contract execution.
2. Contractor shall maintain compliance with all applicable federal, state, and local air quality rules and regulations for the full Agreement Term, and for any other period required by federal, state, or local law.
C. Project Cost Breakdown. The Program pays only the incremental cost of clean air projects. The maximum percent of off- road compression- ignition costs eligible for Program funding are:
1. Replacement ( New or Used) Equipment Purchase – 80 percent of total equipment purchase costs; All projects are also subject to the cost- effectiveness threshold defined in relevant Program Guidelines.
Unit #
Application #
Project
Description
Estimated Costs1
equipment/
installation)
Maximum
Program Grant
Contractor
Match/
Ineligible costs
6608
APCD2025- ORPL- 0005
Replacement $ 60, 927 $ 22, 516 $ 38, 411
TOTALS $ 60, 927 $ 22, 516 $ 38, 411
Total Contract Amount $ 22, 516
1The total project equipment replacement cost may include charges for the following:
x Only the minimum attachments normally sold with the original equipment, as determined by the District, are eligible for reimbursement on the replacement equipment.
x For zero- emission replacements, the supplemental warranty costs, battery chargers, and necessary peripheral equipment may be included as eligible for reimbursement.
x Incentive funding can only be used to pay for items essential to the operation of the equipment.
D. Overall Project Timing
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 5 of 28 APCD2025- CARL- 0007
1. The replacement equipment must not have been purchased prior to the effective date of this Grant Agreement.
2. Contractor shall complete the equipment replacement activities as described in Section E. All replacement equipment shall be operational no later than December 31, 2025.
3. Contractor shall provide periodic Status Reports ( Attachment A- 2) as described in Section J. 1.
The final Status Report is due no later than December 31, 2027.
E. Project Tasks. The major tasks that are to be performed to complete the replacements are:
Task 1: Prior to ordering the replacement equipment, Contractor shall identify a qualified salvage facility ( dismantler) located within San Diego County. The salvage facility shall be willing and able to accept the existing equipment and destroy them in accordance with the requirements of Carl Moyer Program Guidelines and this agreement.
Task 2: Replacement emission equipment shall be ordered within 90 days of the effective date. If this deadline cannot be met, the Contractor may request an extension in writing from the COR. Any change to this deadline must be approved by the COR in writing.
Task 3: Contractor shall take delivery of replacement equipment no later than December 31, 2025. Proof of insurance for replacement equipment shall be submitted to the District within 10 days of receiving replacement equipment.
Task 4: Contractor shall deliver the existing equipment to a dismantler such that the existing equipment is destroyed no later than 60 days after receipt of the replacement equipment.
Task 5: Contractor shall obtain Certification of Equipment Dismantle/ Destruction Attachment B) from the dismantler and submit it to the District within 10 days of equipment destruction.
Task 6: Contractor shall submit an itemized invoice ( Form 1) to the District upon completion of Task 5, but no later than 70 days after taking possession of the replacement equipment.
F. Project Personnel
CONTRACTOR’ S REPRESENTATIVE
BRIAN CLARK
ENGINEER
850 PASEO RANCHERO
Chula Vista, CA 91910
619) 654- 3469
Bclark@chulavistaca. gov
TIFFANY ALLEN
CITY MANAGER
276 4TH AVENUE
CHULA VISTA, CA
619) 691- 5179
tallen@chulavistaca. gov
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 6 of 28 APCD2025- CARL- 0007 G. Description and Disposition of Existing Equipment
1. Listed below is the equipment to be replaced through this Grant Agreement.
EXISTING EQUIPMENT
Baseline equipment to be replaced)
Equipment Information Engine Information
ID #
Application #
Type
Make &
Model
Year HP
Serial
Number
Tier
6608
APCD2025-
ORPL- 0005
Cargo Handling -
Forklifts
Perkins
A4. 236
1991 72
3711343A
3 Uncontrolled
2. The existing equipment listed above must be destroyed by a qualified salvage facility located within San Diego County within 60 days of the receipt of the replacement equipment. The existing engine and equipment must be rendered permanently unusable and irreparable by destroying the engine block and by compromising the structural integrity of the equipment. This may be achieved by cutting the structural components of the equipment or some other manner approved by the District per Section G( 2)( e). Documentation of the equipment’ s destruction, including equipment and engine serial numbers, must be provided to the District within 10 days of destruction. Reimbursement will not be processed until destruction documentation is provided to the District and a post- inspection of the replacement equipment and destroyed existing equipment is performed.
a. Contractor shall notify the District ( using Attachment B) upon destruction of the equipment to schedule an inspection of the destroyed equipment at a qualified salvage facility. Although the existing equipment must be destroyed within 60 days of the receipt of the replacement equipment, reimbursement cannot occur until documentation of the destruction is provided to the District and the District has completed an inspection of the destroyed equipment. It is recommended that the Contractor work with the salvage facility to destroy the equipment as soon as possible after receiving the equipment at the salvage facility.
b. The existing equipment salvage value, if any, will be negotiated between the Contractor and the salvage facility.
c. Program funding is not available for any salvage or material disposal costs, including hazardous waste abatement fees, labor costs, fines, permit costs, or other charges resulting from destruction or disposal.
d. Contractor shall ensure that the District is notified upon the destruction of the equipment to schedule a dismantle inspection of the destroyed equipment to be performed by the District. The District will inspect and photograph the destroyed equipment unless it designates the salvage facility to perform this inspection. e. The destruction method of the equipment will vary depending on the structure of the equipment. Engine destruction requires an irregularly- shaped ( i. e. no symmetrical squares or circles) hole in the engine block with a diameter of at least three inches at the narrowest
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 7 of 28 APCD2025- CARL- 0007 point. Additionally, a section of the oil pan flange must be removed as part of the hole or have a line cut through it that connects the hole. Equipment with permanent frame rails running the length of the equipment require complete cuts of both frame rails between the front and rear axles. Equipment with removable/ bolt- on frame rails, or equipment without frame rails, require structural damage ( cuts or otherwise) that renders the main body of the equipment inoperable and unrepairable. Articulated equipment require damage ( cuts or otherwise), to the articulation joints of front and rear halves of the equipment so that neither half can be joined. Other equivalent methods of destruction are acceptable if approved in advance by the District.
3. If Contractor’ s fleet is subject to the In- Use Off- Road Diesel- Fleets Regulation, Title 13, CCR § 2449, Contractor certifies that fleet is in compliance with the In- Use Off- Road Diesel- Fueled Fleets Regulation, Title 13, CCR § 2449.
a. Contractor certifies that the existing equipment is registered in the Diesel Off- road On- line Reporting System ( DOORS).
b. Emission reductions achieved from this project cannot count towards a fleet’ s regulatory requirements for the duration of the Agreement Term.
c. Equipment funded through the Program must be included in the fleet’ s total horsepower from which the best available control technology ( BACT) requirements of the regulation are calculated.
4. Contractor certifies that it has owned and operated the existing equipment in California for the previous two years.
H. Description of Replacement Equipment
1. Listed below is the replacement equipment authorized by this Grant Agreement.
REPLACEMENT EQUIPMENT
Reduced Emission Equipment)
Equipment Information Engine Information Activity Information Application # Type Year HP Tier % Operation in San
Diego County
APCD2025-
ORPL- 0005
Cargo Handling - Forklifts 2022+ 74 Final Tier 4 100%
Program Funds shall be used to acquire only the replacement equipment and engine listed above, unless otherwise approved in writing by the COR.
2. Contractor may obtain financing to assist in the purchase of replacement equipment.
Documentation of financing must be provided to the District prior to reimbursement.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 8 of 28 APCD2025- CARL- 0007
3. Contractor shall notify the District upon delivery of the replacement equipment to schedule a post- inspection. The District will inspect and photograph the replacement equipment during the post- inspection.
4. The new or used replacement equipment must have an engine meeting the most recent California emission standard ( e. g., the current Tier).
5. The certification emission standard and/ or Tier designation for the existing engine ( if applicable) and the new engine must be determined from the CARB Executive Order or EPA Certificate of Conformity ( for federally preempted engines) issued for that engine. CARB Executive Orders for off- road engines may be found at: https:// ww2. arb. ca. gov/ new- vehicle- and- engine- certification- executive- orders. EPA Annual Certification Data for Vehicles, Engines, and Equipment website which can be found at: https:// www. epa. gov/ compliance- and- fuel- economy- data/ annual- certification- data- vehicles- engines- and- equipment. a. Exhaust emission standards can be found in the 2024 Carl Moyer Program Guidelines, Tables 5- 9 and 5- 10 on pages 5- 46 through 5- 50 at:
https:// ww2. arb. ca. gov/ sites/ default/ files/ 2024- 12/ Chapter% 205_% 20% 281% 29_ 0. pdf
6. For compression ignition ( i. e. diesel) equipment, engines that are participating in the “ Tier 4 Early Introduction Incentive for Engine Manufacturers” program, as detailed in Title 13, CCR § 2423( b)( 6), are eligible for Program funding provided that they are certified to the Tier 4 Final emission standards. The CARB Executive Order for these engines indicates that the engines are certified under this provision.
a. Contractor must receive written approval from the COR prior to purchase of any engine participating in this program.
7. New engines certified to the interim Tier 4 ( interim Tier 4, Tier 4 Phase- Out, Tier 4 Phase- in/ Alternate NOx) and Tier 4 Final emission standards participating in the averaging, banking, and trading program that are certified to family emission limit ( FEL) higher than the applicable emission standards are not eligible for funding. New engines certified to the Tier 4 Final emission standard participating in the averaging, banking, and trading program that are certified to a FEL below the applicable emission standards are eligible for funding.
8. The replacement equipment must serve the same function, have the same load factor, and perform the same work equivalent as the existing equipment ( such as replacing a loader with another loader).
9. Only the minimum attachments normally sold with the original equipment, as determined by the District, are eligible for reimbursement on the replacement equipment. Contractors may remove non- emission related body components and place them on the replacement equipment as long as the components do not exist on the replacement equipment and are not part of the paid components for the replacement equipment. Incentive funding can only be used to pay for items essential to the operation of the equipment.
10. Equipment may be purchased through an equipment dealer or a private party provided all required documentation is submitted and the equipment meets all requirements of the Program.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 9 of 28 APCD2025- CARL- 0007 a. Contractor must provide a copy of the proof of sale for the replacement equipment to the District prior to reimbursement.
11. Contractor shall submit all required permits and/ or certifications for the replacement equipment.
This documentation is required before issuance of any payment under this Grant Agreement.
12. Contractor shall ensure that equipment will operate within the District boundaries for no less than the percentage specified in Section H above for a period of not less than the Agreement Term as defined on the Signature Page.
13. Equipment Warranty and Insurance:
a. Prior to receipt of the replacement equipment, Contractor must obtain at its own cost and expense, and keep in force and effect during the Agreement Term as defined on the Signature Page, including all extensions, the insurance specified in Article X - Insurance Requirements, below. Contractor is responsible for securing warranty and maintaining insurance on the replacement equipment that is sufficient to repay the State’ s and/ or District’ s investment in case of major damage to the replacement equipment at any time during the Agreement Term. The District must be listed as loss payee during the Agreement Term. Proof of insurance will be required prior to any payment of funds under this Grant Agreement and must be submitted to the District within 10 days of receiving replacement equipment. Proof of insurance will also be required when submitting annual Project status reports ( Attachment A- 2).
b. Contractor shall purchase a warranty subject to the following requirements and provide documentation to the District:
i. All new or used replacement combustion equipment must have a minimum one- year or 1, 600- hour powertrain warranty. The warranty must cover parts and labor. A separate supplemental minimum one- year or 1600- hour power and drivetrain warranty must be purchased if the equipment does not have one. The supplemental warranty costs are not eligible for funding.
ii. For alternative fuel, hybrid or zero- emission replacements, the warranty period is, at minimum, three years or 5, 000 usage hours ( whichever comes first). Zero- emission supplemental warranty costs are eligible for funding. All applicable powertrain components ( including, but not limited to, the energy storage system, fuel- cell stack, motors, and powertrain and thermal management systems), electronic components, telematics components, on- board charging or fueling components, all components along driveline ( except for maintenance items, such as tires), and the equipment chassis ( including, but not limited to, the frame, cross members, and cab structure) shall be warranted against defects, workmanship, and corrosion for the full warranty period.
iii. It is recommended that the highest- grade warranty be purchased in order to avoid expensive repairs in the future.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 10 of 28 APCD2025- CARL- 0007 c. In the event that the replacement equipment purchased under this Grant Agreement is in an accident, destroyed, stolen, or otherwise rendered permanently inoperable, the Contractor shall replace the replacement equipment with equivalent substitute equipment that, at a minimum, meets all Program requirements ( including but not limited to, emission levels) to fulfill the remainder of Contractor’ s obligation under this Grant Agreement. As this situation will require an amendment to the existing Grant Agreement, Contractor must receive authorization from the District in advance of any repairs and/ or purchases and must provide any and all substitute equipment information to the District. Additional equipment inspections by District and/ or CARB staff may be required. As an alternative, Contractor may return all or a portion of the Program grant funds.
I. Equipment Maintenance.
1. Contractor shall ensure that the equipment will be maintained according to the manufacturer’ s specifications for the Agreement Term. This includes not tampering with the equipment. The Contractor shall provide or procure, at its expense, preventive maintenance and repair contracts or service contracts on the equipment acquired through this Grant Agreement. Such contracts shall be provided by the Contractor itself or by reputable companies generally known to have such expertise. The Contractor shall maintain a plan as to how this requirement will be met and this plan shall be available for District review within 15 days of District’ s request. The Contractor shall maintain a separate record on maintenance and repairs for each piece of equipment. The repairs performed on each piece of equipment shall be reported with the status report of the corresponding period ( see Section J, Status Report Requirements, below).
2. For each engine included in this Grant Agreement, Contractor shall maintain a properly operating, non- resettable hour meter which accurately measures the number of hours the engine operates. If the hour meter fails, the Contractor shall immediately notify the District, and remains responsible for validating any usage not recorded by the usage device. The Contractor must either repair or replace the non- operating hour meter at the Contractor’ s cost or provide other documentation of equipment operating hours acceptable to the District.
J. Status Report Requirements
1. Contractor shall submit initial and annual Project status reports— contained in Attachment A- 1 and A- 2— to the District. These reports shall include updates on Project completion and implementation, documentation of operations within San Diego County boundaries, hours of operation, proof of current certificate of insurance, and brief descriptions of equipment maintenance and repairs.
a. Contractor shall submit the initial Project status report ( Attachment A- 1) by December 30, 2025. This report shall provide updates on the status of the tasks required to complete the Project, including dates tasks were accomplished, remaining tasks to be completed, and the anticipated completion date of the project.
b. Contractor shall submit the remainder of the Project status reports ( Attachment A- 2) annually for the remainder of the Agreement Term. The first annual report will cover the 12- month period starting with the date the replacement equipment was placed into service, and each subsequent annual report will cover the next 12- month period.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 11 of 28 APCD2025- CARL- 0007 c. The reporting requirements end with submission of the 2nd annual report, which is due no later than December 31, 2027.
2. Non- compliance with these reporting requirements may result in the District’ s on- site monitoring, and/ or Termination for Default ( Article VI, Termination, below).
K. Recordkeeping
1. Contractor shall maintain records sufficient to provide information regarding annual hours of operation, location of operations, invoices, general maintenance details, correspondence associated with the application, award, agreement, monitoring, enforcement, reporting requirements, and any other available information that may be deemed pertinent to the evaluation of the program for at least five years after the end of the Agreement Term specified on the Signature Page. Records shall be readily available and accessible to the District, CARB, or a designated representative upon request for the purposes of ongoing evaluations or auditing.
2. If this Grant Agreement is completely or partially terminated, the records relating to the work terminated and any work completed prior to termination shall be retained for a period of three years from the date of any resulting final settlement and shall be made available to the District, CARB, or a designated representative upon request.
3. Records which relate to appeals under the “ Disputes” clause of this Grant Agreement, or litigation or the settlement of claims arising out of the performance of this Grant Agreement, shall be retained until such appeals, litigation, or claims have been disposed of, or three years after the end of the Agreement Term specified on the Signature Page, whichever is longer, and shall be made available to District, CARB, or a designated representative upon request.
L. Media Events/ Air Pollution Control District Recognition. Contractor agrees to acknowledge the District and the Program as a funding source for the Project in any related media events, articles, news releases, or other publicity materials. Contractor shall provide the District with a copy of any such materials no later than two ( 2) weeks prior to public release. In preparing such materials, Contractor should refer to the District’ s Messaging and Communication Guide for Grants and Incentives Projects, available on the District website at:
https:// www. sdapcd. org/ content/ dam/ sdapcd/ documents/ grants/ Messaging_ Communication_ Guide_ Grants_ Incentives. pdf. Contractor shall use the District’ s approved logo on any printed material intended for public consumption associated with the Project. When practical, the District will supply a logo to be placed on the funded equipment to recognize District and/ or Program funding in areas accessible to the general public.
ARTICLE IV
COMPENSATION
A. Payment Schedule
1. Prior to submitting an invoice for payment under this Grant Agreement, the Contractor shall:
a. Ensure that the specified equipment was delivered, installed, is fully operational, and has been properly insured in accordance with Article X – Insurance Requirements, below;
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 12 of 28 APCD2025- CARL- 0007 b. Inspect and accept the Project and the costs of the equipment; c. Ensure that the equipment is returned to full operational service and obtain required documentation including, but not limited to, permits and certifications; d. Complete destruction of the existing equipment, verify that the equipment has been rendered useless and scrapped, and submit documentation of required permits and certifications for the replacement equipment with the invoice ( if applicable).
Reimbursement cannot occur until documentation of the destruction is provided to the District and the District has completed an inspection of the destroyed equipment.
2. Upon completion of the Project, but in no event sooner than the existing equipment is destroyed, Contractor shall submit an itemized invoice ( Form 1) to the District. The invoice shall have sufficient supporting documentation including, but not limited to, the make, model, and serial numbers for the replacement equipment, equipment manufacturer’ s invoice, and the invoice from equipment installer ( if applicable). An invoice shall be itemized to include enough detail to ensure that the District provides reimbursement only for eligible project costs, yet be clear and concise enough to be understandable. The District shall review the itemized invoice and only pay for eligible expenses up to the funding caps established by the Program Guidelines and this Grant Agreement. The sum of project funding from all sources may not exceed the total project cost. The Total Claim for reimbursement listed on the invoice ( Form 1) shall not exceed the contract maximum specified on the Grant Agreement Signature Page.
3. The District shall issue a reimbursement check made out to the Contractor for the invoice eligible costs, not to exceed the full amount of the award and adjusted to account for co- funding from other sources, upon receipt of the items listed below and a successful post- inspection:
a. Invoice Form ( Attachment – Form 1).
1) Invoice Form must have the same or later date as the final invoice from the dealer.
2) Invoice Form must certify that Contractor has disclosed all sources of funding to the District.
b. Copy of the final invoice from the dealer and/ or installer and signed by the Contractor and the dealer/ installer.
c. Copy of the CARB Engine Executive Order ( not applicable for infrastructure projects or zero- emission replacements).
d. Proof of insurance ( Certificate of Insurance).
1) Certificate of Insurance must state “ San Diego County Air Pollution Control District” as Loss Payee.
e. Proof of warranty on the replacement equipment from the dealer or manufacturer. f. Copy of Attachment B, “ Certification of Equipment Dismantle/ Destruction,” received from dismantler ( Applicable to Off- Road Equipment Replacement Projects).
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 13 of 28 APCD2025- CARL- 0007 g. Equipment destruction documentation.
4. The District shall endeavor to issue payment within 30 days of the invoice approval by the COR’ s supervisor, unless otherwise stated; compensation requested near the June 30th end of the District Fiscal Year, may be delayed by year- end activity. Each invoice so approved and paid shall constitute full and complete compensation to Contractor for the work completed pursuant to this Grant Agreement.
5. The District shall comply with all State and federal tax reporting requirements associated with the payment of Program funds to equipment owners and/ or dealers. This may include requiring the submittal of tax information using federal tax Form W- 9, and issuing a federal Form 1099 to the equipment owner receiving grant funds. The District shall also report the applicable tax information to the California Franchise Tax Board and federal Internal Revenue Service. a. The District recommends that the Contractor consult with a professional tax advisor about possible tax implications.
6. For projects where the Contractor must demonstrate that specific regulatory compliance requirements have been met, in order to receive funding, the District may not pay invoices until the Contractor has provided documentation that the requirements have been achieved. A Contractor may demonstrate this via a detailed letter signed by the equipment owner or legal representative or, if the regulation requires CARB ( or the air district) to certify compliance, through CARB ( or air district) certification. For more information, please refer to the applicable Program Guidelines.
B. Conditions Prerequisite to Payments. The District may elect not to make a particular payment if any of the following exists:
1. Misrepresentation. Contractor, with or without knowledge, made any misrepresentation of substantial and material nature with respect to any information furnished to the District.
2. Unauthorized Actions by Contractor. Contractor took any action pertaining to this Grant Agreement, which required District approval, without having first received said District approval.
3. Default. Contractor was in default under any terms and conditions of this Grant Agreement.
C. Availability of Funding. The District’ s obligation for payment of any Grant Agreement funds is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the District shall arise for payment unless funds are designated by the District and are made available for such performance.
D. Disallowance. District or CARB may disallow payment at any time if it determines that the basis for the payment is or was not eligible for compensation under this Agreement, including a wrongful payment or failure to comply with any term of the Agreement or Program Guidelines. If District makes payment to Contractor that is later disallowed by the District or CARB, Contractor shall promptly remit to District the requested amount, or at its option, the District may offset the amount disallowed from any payment due or to become due to Contractor under any Agreement with the District.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 14 of 28 APCD2025- CARL- 0007 E. Overpayments. If Contractor becomes aware of a duplicate contract financing or invoice payment or that District has otherwise overpaid on a contract financing or invoice payment, Contractor shall immediately notify the COR and Contractor shall promptly remit to District the requested amount, or at its option, the District may offset the amount overpaid from any payment due or to become due to Contractor under any Agreement with the District.
ARTICLE V
DISPUTES
Notwithstanding any provision of this Grant Agreement to the contrary, the Contracting Officer shall decide any dispute concerning a question of fact arising out of this Grant Agreement that is not otherwise disposed of by the parties within a reasonable period of time. The decision of the Contracting Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. Contractor shall proceed diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shall be construed as granting the Contracting Officer or any other administrative official, representative, or board authority to decide questions of law. CARB shall not be responsible for disputes arising out of this Agreement, and the State of California will not mediate disputes concerning responsibility for performance or payment of work under this Agreement.
ARTICLE VI
TERMINATION
A. Termination Due to Lack of Funding. It is understood that neither District nor CARB are liable for delay or failure in performance under the funding agreement between CARB and the District resulting from acts beyond their control, performance resulting directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, government declaration of emergency, national or State declared pandemics, lockouts, labor disputes, fire, flood, earthquakes, or other physical natural disasters. The District shall have the right to terminate this Grant Agreement or reduce compensation proportionately upon 30 days written notice to Contractor in the event that federal, State, or District funding for this Grant Agreement ceases or is reduced prior to the ordinary expiration of the term of this Grant Agreement. Contractor shall not incur any additional expenses pursuant to this Grant Agreement during the 30- day notice period. In the event of reduction of funding for the Grant Agreement, the District and Contractor shall meet upon 10 days written notice by the District to renegotiate this Grant Agreement based upon the modified level of funding. In this case if no agreement is reached between the District and Contractor within 10 days of the first meeting, either party shall have the right to terminate this Grant Agreement upon 10 days written notice of termination. In the event of termination of this Grant Agreement in accordance with the terms of this section, Contractor shall be entitled to retain all sums paid as of the effective date of such termination, subject to any payment offset to which the District may be entitled, for damages or otherwise, under the terms of this Grant Agreement. In the event of termination of this Grant Agreement pursuant to this section, in no event shall Contractor be entitled to any loss of profits on the portion of this Grant Agreement so terminated, or to other compensation, benefits, reimbursements or ancillary services other than as herein expressly provided.
B. Termination for Default
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 15 of 28 APCD2025- CARL- 0007
1. The District may immediately suspend or terminate this Grant Agreement, in whole or in part, upon written notice to the Contractor where, in the determination of the District, the Contractor fails to comply with any material term of this Grant Agreement during the Agreement Term, either prior to or after the replacement equipment is placed into service. This includes, but is not limited to the following:
a. Failure to purchase the replacement equipment and place into service within the timeframe specified in Article III;
b. Failure to comply with timelines for the scrapping of the existing equipment or submission of an invoice that fails to meet the program requirements; c. Failure to allow an electronic monitoring device to be installed on equipment under this Grant Agreement or tampering with an installed device or data; d. Misuse of vendors’ payments;
e. Insufficient, incomplete, or faulty project documentation; f. Failure to provide documentation or reports in a timely manner. g. As described in Article III Section B and Article VII Section A, failure to maintain compliance with applicable air quality laws.
h. As described in Article VII Section G, a determination from the State of California or CARB that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities.
2. Upon termination, the District shall have the right to demand of Contractor the repayment to the District of any funds disbursed to the Contractor under this Grant Agreement, which, in the judgment of the District, were not expended in accordance with the terms of this Grant Agreement or the Program Guidelines. Contractor shall promptly refund any such funds upon demand.
C. Termination for Convenience. The District may, by written notice stating the extent and effective date, terminate this Grant Agreement for convenience in whole or in part, at any time. The District shall pay the Contractor as full compensation for work performed in accordance with the terms of this Agreement until such termination:
1. The unit or pro rata price for any delivered and accepted portion of the work;
2. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the District, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price;
3. In no event shall the District be liable for any loss of profits on the resulting order or portion thereof so terminated.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 16 of 28 APCD2025- CARL- 0007
4. District’ s termination of this Grant Agreement for convenience shall not preclude District from taking any action in law or equity against Contractor for:
a. Fraud, waste or abuse of Grant Agreement funds, or
b. Improperly submitted claims, or
c. Any failure to perform the work in accordance with the Scope of Work, or d. Any breach of any term or condition of the Grant Agreement, or e. Any actions under any warranty, express or implied, or f. Any claim of professional negligence, or
g. Any other matter arising from or related to this Grant Agreement, whether known, knowable or unknown before, during or after the date of termination.
D. Remedies Not Exclusive. The District, CARB ( as an intended third- party beneficiary), or a designated representative of the District or CARB, reserve the right to monitor and inspect the equipment, enforce the terms of this Grant Agreement, and pursue repayment of Program funds for non- compliance with the terms and conditions of this Grant Agreement or applicable State laws or regulations at any time during the Agreement Term as defined on the Signature Page. The District or CARB may also prohibit Contractor and specific equipment from participation in any future incentive programs. The rights and remedies of the District and CARB provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law, equity, or under resulting order.
E. No Implied Waiver. In no event shall any payment by the District constitute a waiver by the District of any breach of this Grant Agreement or any default, which may then exist on the part of the Contractor. Neither shall such payment impair or prejudice any remedy available to the District with respect to the breach or default. The District shall have the right to demand of Contractor the repayment to the District of any funds disbursed to the Contractor under this Grant Agreement, which, in the judgment of the District, were not expended in accordance with the terms of this Grant Agreement or the Program Guidelines. Contractor shall promptly refund any such funds upon demand. The District may prohibit Contractor and specific equipment from participation in any future incentive programs.
In addition to immediate suspension or termination, the District may impose any other remedies available by law, in equity, or otherwise specified in this Grant Agreement.
ARTICLE VII
COMPLIANCE WITH LAWS AND REGULATIONS
A. Compliance with Laws and Regulations. Contractor shall at all times perform its obligations hereunder in compliance with all applicable federal, State, County, city, and District laws, rules, and regulations, current and hereinafter enacted, including all applicable federal, State, County, city and District labor and worker protection laws and regulations, including California Labor Code Sections 1720 – 1861, if applicable.
B. Contractor Permits and License. Contractor certifies that it possesses and shall continue to maintain or shall cause to be obtained and maintained, at no cost to the District, all approvals, permissions, permits,
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 17 of 28 APCD2025- CARL- 0007 licenses, and other forms of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of this Grant Agreement. The District reserves the right to reasonably request and review all such applications, permits, and licenses at any time during the Agreement Term as defined on the Signature Page.
C. Equal Opportunity. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual’ s race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation, or marital status.
D. Nondiscrimination
1. Contractor shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age over 40), sexual orientation, veteran or military status, or any other characteristic protected by law, or unlawfully deny family- care leave, medical- care leave, or pregnancy- disability leave. Contractor shall ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. Contractor shall comply with the provisions of the Fair Employment and Housing Act ( Gov. Code section 12900 et seq.) and the applicable regulations promulgated thereunder ( California Code of Regulations, title 2, section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 ( a)-( f), set forth in Chapter 5 of Division 4. 1 of title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
2. During the performance of this Grant, Contractor shall comply with the provisions of California Government Code section 11135; Title VI of the U. S. Civil Rights Act of 1964; Section 504 of the federal Rehabilitation Act of 1973; the federal Age Discrimination Act of 1975; Section 13 of the Federal Water Pollution Control Act of 1972; and U. S. Environmental Protection Agency’ s implementing regulations at 40 C. F. R. Parts 5 and 7.
3. Contractor shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
4. Contractor shall permit access by representatives of the California Civil Rights Department, CARB, or U. S. Environmental Protection Agency ( U. S. EPA) upon reasonable notice to access all sources of information as required to ascertain compliance with this clause.
5. Contractor acknowledges and agrees that, pursuant to Government Code section 11136, whenever CARB has reasonable cause to believe that Contractor has violated any of the provisions of Government Code section 11135 or section 12900 et seq., or any of the provisions of California Civil Code sections 51, 51. 5, 51. 7, 54, 54. 1, or 54. 2, or any regulation adopted to implement these sections or Article 1 ( commencing with Government Code section 12960) of Chapter 7 of the Government Code, then CARB will notify Contractor, of such violation and will submit a complaint detailing the
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 18 of 28 APCD2025- CARL- 0007 alleged violations to the California Civil Rights Department for investigation and determination pursuant to Government Code sections 11136 and 12960 et seq.
6. In the event of Contractor’ s noncompliance with this provision, it may be subject to remedial action determined appropriate and consistent with applicable law by CARB, the California Civil Rights Department, or the U. S. EPA, including but not limited to termination of this Agreement pursuant to the terms of this Agreement.
7. CARB’ s Civil Rights Policy, which may be found at https:// ww2. arb. ca. gov/ california- air- resources- board- and- civil- rights, applies to the Grant Agreement providing this funding to District.
E. Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and requirements regarding Hazardous Materials, health and safety, notices, and training.
Contractor agrees to take, at its expense, all actions necessary to protect third parties, including, without limitation, employees and agents of the District, from any exposure to Hazardous Materials generated or utilized in its performance under this Grant Agreement. Contractor agrees to report to the appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be reported by any Environmental Law and to immediately notify the District of it. Contractor shall not be liable to the District for the District’ s failure to comply with, or violation of, any Environmental Law. As used in this section, the term " Environmental Laws" means any and all federal, state, or local laws or ordinances, rules, decrees, orders, regulations, or court decisions ( including the so- called common law"), including, but not limited to, the Resource Conservation and Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions, or other similar substances or conditions. As used in this section the term " Hazardous Materials" means any chemical, compound, material, substance, or other matter that: ( 1) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; ( 2) is controlled, referred to, designated in or governed by any Environmental Laws; ( 3) gives rise to any reporting, notice, or publication requirements under any Environmental Laws, or ( 4) is any other material or substance giving rise to any liability, responsibility, or duty upon the District or Lessee with respect to any third person under any Environmental Laws.
F. Debarment and Suspension. Contractor certifies that it, its principals, its officers, its employees, and its subcontractors:
1. Are not presently debarred, excluded, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension or ineligibility by any federal, state, or local department or agency;
2. Have not within a three- year period preceding this Grant Agreement been convicted of, or had a civil or administrative judgment rendered against them for, the commission of fraud or a criminal offense or civil action in connection with obtaining, attempting to obtain, or performing a public federal, state, or local) transaction; violation of federal or state anti- trust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 19 of 28 APCD2025- CARL- 0007
3. Are not presently indicted or otherwise criminally, civilly, or administratively charged by a government entity ( federal, state, or local) with commission of any of the offenses enumerated in the paragraph above; and
4. Have not within a three- year period preceding this Grant Agreement had one or more public transaction ( federal, state, or local) terminated for cause or default.
G. Russian Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N- 6- 22 ( the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “ Economic Sanctions” refers to sanctions imposed by the U. S. government in response to Russia’ s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. CARB is a state agency. Accordingly, should CARB or the State of California determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement, in accordance with Article IV, section B.
H. Office of Foreign Asset Control: Transactions may be or are prohibited if they involve the property or interests in property of an entity or individual listed on the Office of Foreign Asset Control ( OFAC) targeted lists. OFAC publishes lists of targeted individuals, groups, and entities, which can be found at https:// sanctionslist. ofac. treas. gov/ Home/ index. html. Refer also to the U. S. Department of the Treasury website: https:// ofac. treasury. gov/ sanctions- programs- and- country- information/ ukraine- russia- related- sanctions. The property and interests in property of an entity that is 50 percent or more owned by one or more persons whose property and interests in property are blocked pursuant to any part of 31 C. F. R. chapter V are also blocked, regardless of whether the entity itself is listed. The Contractor acknowledges that its agents and property are not in violation of any federal law pertaining to any entity or individual listed on any of the OFAC lists.
ARTICLE VIII
CONFLICTS OF INTEREST; CONTRACTOR' S CONDUCT
A. Conflicts of Interest. As an indirect recipient of CARB funds, Contract certifies, represents, and warrants that:
a. Contractor is and shall remain in compliance with all applicable State and federal conflict of interest laws during the entire Agreement term and for any other period required by said applicable laws;
b. Contractor presently has no interest, including but not limited to, other projects or independent agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of work required to be performed under this Grant Agreement;
c. Contractor shall disclose any direct or indirect financial interest or situation which may pose an actual, apparent, or potential conflict of interest and that the nature and extent of any actual, apparent, or potential conflict of interest may be a basis for disqualification from receiving any funds; and
d. Contractor shall immediately advise District in writing of any potential new conflicts of interest as they arise.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 20 of 28 APCD2025- CARL- 0007 B. Conduct of Contractor.
1. The Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the Contractor is doing business or proposing to do business, in accomplishing the work under this Grant Agreement.
2. The Contractor, its employees, directors, officers, agents, and subcontractors, shall not offer directly or indirectly, any unlawful gift, gratuity, favor, entertainment, or other item( s) of monetary value to an employee or official of the District.
C. Prohibited Agreements. Contractor shall not employ any person who has any such interest in the performance of this Grant Agreement. Contractor shall not hire District’ s employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of District. Without such written approval, performance of services under this Agreement by associates or employees of District shall not relieve Contractor from any responsibility under this Agreement. Contractor certifies that it is not, and will not subcontract with, any of the following:
1. Persons employed by the District; or
2. Profit- making firms or businesses in which employees employed by the District serve as officers, principals, partners, or major shareholders; or
3. Persons who, within the immediately preceding twelve months came within the provisions of the above sub- sections and who: ( a) were employed in positions of substantial responsibility in the area of service to be performed by the Grant Agreement, or ( b) participated in any way in developing the Grant Agreement or its service specifications; or
4. Profit- making firms or businesses in which the former employees described in sub- section 3 above, serve as officers, principals, partners, or major shareholders.
ARTICLE IX
INDEMNITY AND RESPONSIBILITY FOR EQUIPMENT
A. Indemnity. The District and CARB shall not be liable for, and Contractor shall defend and indemnify the District and CARB, and theirofficers, employees, volunteers, and agents ( collectively " Indemnified Parties"), against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys’ fees and court costs ( hereinafter collectively referred to as " Claims"), related to this Agreement or the work covered by this Agreement and arising either directly or indirectly from any act, error, omission, or negligence of Contractor or its contractors, licensees, agents, servants, or employees, including, without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of Indemnified Parties. Contractor shall have no obligation, however, to defend or indemnify Indemnified Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of an Indemnified Party.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 21 of 28 APCD2025- CARL- 0007 B. Responsibility for Equipment. The Contractor shall not hold the District or CARB responsible nor shall the District or CARB be held liable for any damage to person or property resulting from the use, misuse, or failure of any equipment by Contractor, its agents, employees, third party independent contractors or permissive users, even if such equipment is furnished, rented, or loaned to Contractor by the District.
Contractor accepts full responsibility for and agrees to defend, exonerate, indemnify, and hold harmless the District and CARB from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment whether such damage be to the employee or property of Contractor, the District, CARB, or of any other persons. Equipment includes, but is not limited to the engines, equipment, or vehicles and any associated accessories purchased for use with the equipment.
ARTICLE X
INSURANCE REQUIREMENTS
A. Insurance Requirements for Contractors. Contractor shall maintain all insurance as required by federal, State, or local law. Without limiting Contractor’ s indemnification obligations to the District, and within 10 days of receipt of upgraded equipment, Contractor shall submit to District certificates of insurance and appropriate endorsements to the actual insurance policy, evidencing that the Party has obtained for the period of the Agreement, at its sole expense, insurance in the following forms of coverage and minimum amounts specified from insurance carriers with a Best’ s Rating of not less than A, VII or a company of equal financial stability approved in writing by the District.
1. Direct Physical Loss or Damage insurance covering mobile equipment and or unlicensed vehicles against All Risk or Special Form Perils, including Actual Cash Value coverage with no coinsurance penalty provision. Contractor’ s Self- insured Retention for the required insurance policy must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such self- insured retentions as respects the District, the members of the San Diego County Air Pollution Control District Governing Board and the officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the District guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The SIR shall be borne by the Contractor. a. Coverage shall include vehicles and equipment or other items specifically identified in this Agreement.
b. The Insurance Policy shall name San Diego County Air Pollution Control District as Loss Payee.
Certificates of insurance provided by the Contractor must evidence that the insurer providing the policy will not cancel the policy without written notice of cancellation to the District.
If Contractor maintains broader coverage and/ or higher limits than the minimums shown above, the District shall be entitled to the broader coverage and/ or higher limits maintained by the Contractor.
As a requirement of this Agreement, any available insurance proceeds in excess of the specified minimum limits and coverage stated above, shall also be available to the District.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 22 of 28 APCD2025- CARL- 0007 The District shall retain the right to review the coverage, form and amount of insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. The District retains the right to demand a certified copy of any insurance policy required herein after 15 days’ notice. Proof of insurance will also be required when submitting annual Project status reports ( Attachment A- 2).
ARTICLE XI
INSPECTION OF WORK
A. Subject to Inspection. All work performed subject to this Grant Agreement shall be subject to inspection and test by the District, CARB, or the designated representative of the District or CARB, at all times during the term of this Grant Agreement. Contractor shall cooperate with any inspector assigned by the District or CARB to permit the inspector to determine whether Contractor’ s performance conforms to the requirements of this Grant Agreement or the Program Guidelines. The District shall perform such inspection in a manner as not to unduly interfere with Contractor’ s performance.
B. Inspector Safety.
1. It is the responsibility of the equipment owner to ensure that the location selected for project inspection is safe for District staff to visit, and meets all Cal OSHA requirements that are applicable to the relevant industry. If an inspection is being scheduled for a location that has potential safety hazards or specific safety procedures, the individual coordinating the inspection must inform the District staff/ inspector of these conditions and safety procedures in advance of the inspection. The individual coordinating the inspection shall have a contact on- site who will review any potential safety hazards with the inspector prior to the site visit and who will escort the inspector throughout their time on- site.
2. Causes of unsafe conditions include, but are not limited to:
x Physical hazards
x Chemical hazards
x Mechanical hazards
x Utility hazards
x Workplace conditions/ environment
3. District staff members have been instructed to leave the site immediately if they feel unsafe at an inspection location. Failure to provide a safe location for a grant inspection can result in delays to the project and payment schedule, and will result in the loss of grant funds if staff is unable to conduct the required inspections.
C. Specification and Requirements. If any work performed by Contractor does not conform to the requirements of this Grant Agreement or the Program Guidelines, the District may require Contractor to re- perform the work and comply with the terms of this Grant Agreement or Program Guidelines, at no additional cost, and the District may withhold payment for work pursuant to the Grant Agreement until Contractor correctly performs.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 23 of 28 APCD2025- CARL- 0007
ARTICLE XII
USE OF DOCUMENTS AND REPORTS
Findings Confidential. Any reports, records, data, or other information given to or prepared or assembled by Contractor under this Grant Agreement which the District requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the District, except as may be required by law.
Publication, Reproduction, or Use of Materials. No material produced, in whole or in part, under this Grant Agreement shall be subject to copyright in the United States or in any other country. The District shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Grant Agreement. All reports, data and other materials prepared under this Grant Agreement shall be the property of the District upon completion of this Grant Agreement.
Generative Artificial Intelligence. Contractor shall notify District and CARB in writing, within 15 days, if Contractor intends to use any Generative Artificial Intelligence ( as defined under California Government Code section 11579. 64) to complete any portion of work under this Agreement ( including reports and documentation) which materially impacts either performance under this Agreement or risk to the state of California.
Public Records Act. The California Public Records Act (“ CPRA”) requires District to disclose “ public records” in its actual or constructive possession unless a statutory exemption applies. This generally includes contracts and related documents. If District receives a CPRA request for records relating to the Agreement or the grant application, District may, at its sole discretion, either determine its response to the request without notifying District or notify District of the request. If District determines its response to the request without notifying District, District shall hold District harmless for such determination. If District notifies & RQWUDFWRUof the request, & RQWUDFWRUmay request that District withhold or redact records responsive to the request by submitting to District a written request within five ( 5) business days after receipt of the District’ s notice. & RQWUDFWRU’s request must identify specific records to be withheld or redacted and applicable exemptions. Upon timely receipt of Contractor’ s request, District will review the request and at its sole discretion withhold and/ or redact the records identified by Contractor. Contractor shall hold District harmless for District’ s decision whether to withhold and/ or redact pursuant to Contractor’ s written request. Contractor further agrees that its defense and indemnification obligations set forth in Article IX of this Agreement extend to any Claim ( as defined in Article IX) against the County Parties ( as defined in Article IX) arising out of District’ s withholding and/ or redacting of records pursuant to Contractor’ s request.
Nothing in this section shall preclude Contractor from bringing a “ reverse CPRA action” to prevent disclosure of records. Nothing in this section shall prevent the District or its agents or any other governmental entity from accessing any records for the purpose of audits or program reviews if that access is legally permissible under the applicable local, Vtate, or federal laws or regulations.
Similarly, District or its agent or designee may take possession of the record( s) where legally authorized to do so.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 24 of 28 APCD2025- CARL- 0007
ARTICLE XIII
OWNERSHIP
District and Contractor agree that ownership of the equipment that is involved in this Grant Agreement is with the Contractor, or its designee that has been approved by the District and has entered into a novation of this Grant Agreement with the District.
ARTICLE XIV
GENERAL PROVISIONS
A. Assignment and Subcontracting. Contractor shall not assign, sell, transfer, license, or subcontract any rights or obligations to a third party without the express prior consent of the District, which may be subject to CARB approval upon request from CARB. If the original owner of the specified replacement equipment chooses to sell the replacement equipment for any reason, or is required to replace the replacement equipment with cleaner equipment prior to the end of the Agreement Term, the Contractor shall notify the District and receive prior written consent for the transaction from the District. Prior to completing the transaction, the Contractor understands that it is its responsibility to inform the party purchasing the replacement equipment of the Grant Agreement provisions and disclose the remaining Grant Agreement Term. The Contractor shall be responsible for ensuring that the new owner enters into a novation of this Grant Agreement with the District in order to facilitate the transfer of the Grant Agreement provisions and their enforceability against the new owner. The Contractor shall provide the prospective new owner with valid contact information for the District so the new owner can obtain a novation of this Grant Agreement. Contractor understands that it shall not be relieved of its legal obligation to fulfill the conditions of this Grant Agreement unless the new owner has assumed responsibility through an executed novation of this Grant Agreement.
B. Repayment of Grant Funds for Failure to Complete Project. Contractor shall repay the funds disbursed under this Grant Agreement on a prorated basis for selling, retiring, scrapping, or removing any replacement equipment from service without prior District approval and prior to completion of the requirements specified in Article III of this Grant Agreement. If there is a Required Annual Hours in the Replacement Equipment table in Article III, the pro rata share of funds that Contractor repays to the District shall be calculated as follows:
FUNDS DISTRICT DISBURSED 1 where
x FUNDS DISTRICT
DISBURSEDis defined
as
the total funds the Districthas paidto Contractorfor the replacementequipment.x RUN HOURS OPERATEDis defined as
the differencebetween the latestdocumentedhourmeterreading on the replacementequipment prior to the timeof sale, retirement, scrapping, or removalfrom serviceand the earliest documented hour meter reading on the replacementequipment after the effective dateof the Agreement. x RUN HOURS EXPECTEDis definedas
the number of Required AnnualHours ( fromthe Replacement Equipmenttable in Article III) multiplied by 2. The Districtmay waive such repaymentif
it determines at its sole discretion thatContractor’s failureto completethe Projectwas dueto eventsreasonably beyondthe Contractor’s control.
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 25 of 28 APCD2025- CARL- 0007 C. Contingency. This Grant Agreement shall bind the District only when signed by the Air Pollution Control Officer, or his/ her designee.
D. Entire Agreement. This Grant Agreement, together with all sections and attachments attached hereto and other agreements expressly referred to herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties, and statements, oral or written, including any proposals from Contractor and requests for proposals from the District, are superseded.
E. Sections and Attachments. All sections and attachments referred to herein are attached hereto and incorporated by reference. In the event that the terms of this Grant Agreement conflict with any of the terms in any attachment hereto, the terms of this Grant Agreement shall take precedence.
F. Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Grant Agreement and the intentions of the parties.
G. Governing Law. This Grant Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California.
H. Headings. The article captions, clause and section headings used in this Grant Agreement are inserted for convenience of reference only and are not intended to define, limit, or affect the construction or interpretation of any term or provision hereof.
I. Modification; Waiver. Except as otherwise provided in Article II, “ Grant Agreement Administration,” above, no modification, waiver, amendment or discharge of this Grant Agreement shall be valid unless the same is in writing and signed by both parties.
J. Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this Grant Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the drafter of this Grant Agreement and that, in construing this Grant Agreement in case of any claim that any provision hereof may be ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the other.
K. No Other Inducement. The making, execution, and delivery of this Grant Agreement by the parties hereto have been induced by no representations, statements, warranties, or agreements other than those expressed herein.
L. Funding Prohibitions for Sectarian Purposes and Non- Public Schools: The District and Contractor may use or authorize the use of CARB- provided funds only in any manner that is consistent with applicable laws, including California Constitution, Article XVI, Section 5, and Article IX, Section 8 ( prohibiting grant fund awards to non- public schools), and federal law. CARB reserves the right to obtain additional information from the District, the Contractor, and others to determine compliance with the California Constitution, Article XVI, Section 5, and Article IX, Section 8. Failure by the District or Contractor to provide any information requested by CARB may result in denial of Grant Funds or termination of this Grant Agreement pursuant to the terms of this Grant Agreement.
M. Notices. Notice to either party shall be in writing and be 1) personally delivered, 2) sent by certified mail, postage prepaid, return receipt requested, or 3) emailed to the District’ s or Contractor’ s
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 26 of 28 APCD2025- CARL- 0007 Representative. Notices shall be addressed to the Contractor’ s Representative at the address or email address specified on the Grant Agreement Article III and/ or the COR at the address or email address specified on the Grant Agreement Signature Page. Any such notice shall be deemed received on the earliest of the date of personal delivery to the party ( or such party’ s authorized representative), three business days after deposit in the U. S. Mail, or upon sending of an email from which an acknowledgement of receipt has been received other than an out of office, unavailable, or undeliverable reply.
N. Severability. If any term, provision, covenant, or condition of this Grant Agreement is held to be invalid, void, or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Grant Agreement shall not be affected thereby, and each term, provision, covenant, or condition of this Grant Agreement shall be valid and enforceable to the fullest extent permitted by law.
O. Successors. Subject to the limitations on assignment set forth in paragraph A above, all terms of this Grant Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns.
P. Time. Time is of the essence of each provision of this Grant Agreement.
Q. Time Period Computation. All periods of time referred to in this Agreement shall be calendar days, unless the period of time specifies business days. Calendar days shall include all days of the week, including holidays. Business days shall be Monday through Friday, excluding District observed holidays.
R. Waiver. The waiver by one party of the performance of any term, provision, covenant, or condition shall not invalidate this Grant Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant, or condition. Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant, or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.
S. Audit. The District, CARB, or designated representative( s) of the District or CARB reserve the right to perform fiscal audits of the project and/ or to inspect equipment and documentation and interview employees, and enforce the terms of this Grant Agreement at any time during the Agreement Term or for a period of five years afterwards. Contractor shall cooperate with any inspector assigned by the District or CARB to permit the inspector to determine whether Contractor’ s performance conforms to the requirements of this Agreement, the Program Guidelines, or compliance with local, state, or federal air quality laws. The District shall perform such inspection in a manner as not to unduly interfere with Contractor’ s performance.
T. Survival: All provisions in this Agreement shall survive its termination, cancellation, or expiration, except the following sections ( unless otherwise required by law):
Article I, Section A: Standard of Performance
Article III, Section B: Compliance with Air Quality Laws Article IV: Compensation
Article VI, Section A: Termination Due to Lack of Funding and Section D: Remedies Not Exclusive
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 27 of 28 APCD2025- CARL- 0007 Article VII, Section A: Compliance with Laws and Regulations, Section D: Nondiscrimination, Section G: Russian Sanctions, Section H: Office of Foreign Asset Control Article VIII: Conflicts of Interest; Contractor’ s Conduct Article X: Insurance Requirements
Article XII: Section C: Generative Artificial Intelligence Article XIV Section L: Funding Prohibitions for Sectarian Purposes and Non- Public Schools, Section P: Time, Section S: Audit, and Section U: No Financial Third- Party Beneficiaries Signature Page: Disclosure Statement/ Authorized Signature U. No Financial Third- Party Beneficiaries. Notwithstanding anything else stated to the contrary herein, it is understood that Contractor' s services and activities under this Grant Agreement are being rendered only for the benefit of the District, and no other person, firm, corporation, or entity shall be deemed an intended financial third- party beneficiary of this Grant Agreement. However, CARB, as an intended third- party beneficiary, reserves the right to enforce the terms of this Grant Agreement at any time during the term to ensure emission reductions are obtained.
V. Electronic Signatures. The words “ execution,” “ signed,” “ signature,” and words of like import shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall have the same legal effect and enforceability as a manually executed signature or the use of a paper- based record keeping system, to the extent provided for in the Uniform Electronic Transaction Act (“ UETA”) Civil Code Section 1633. 1 – 1633. 17.
AN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
Version: 12/ 3/ 2025 1: 27 PM
Template Revised: 9/ 4/ 2025 11: 37 AM Page 28 of 28 APCD2025- CARL- 0007
APPROVED AS TO FORM AND LEGALITY
COUNTY COUNSEL
BY:
SENIOR DEPUTY
SIGNATURE PAGE
AGREEMENT TERM:
The EFFECTIVE DATE shall be the last date of the last signature below. Term shall end the earlier of 1) January 31, 2028, or 2) one month after the project implementation and reporting requirements are completed. The project shall be completed and become operational no later than December 31, 2025, with project implementation and reporting requirements continuing until the earlier of 1) December 31, 2027, or 2) submission of two completed annual reports.
COMPENSATION:
District agrees to pay Contractor a sum not to exceed TWENTY- TWO THOUSAND FIVE HUNDRED SIXTEEN DOLLARS ($ 22, 516). The maximum contract amount shall not exceed the maximum percentage of total allowable costs eligible for Program funding.
COR: District designates the following individual as the Contracting Officer’ s Representative ( COR): Travis Arciaga, 10124 Old Grove Rd, San Diego, CA 92131, Tel No: ( 858) 414- 9625, Email address:
Travis. Arciaga@sdapcd. org
DISCLOSURE STATEMENT/ AUTHORIZED SIGNATURE:
Contractor agrees and acknowledges that:
1) It has disclosed all funding sources it has applied for or received for the equipment specified in this Agreement, including but not limited to, funding sources from other districts or CARB, and that it will notify District of additional sources of funding received for the total cost of the equipment specified in this Agreement, including any sources that become available after contract execution. 2) It has signed or has authorized the signing of the agreement with District, and by doing so hereby declares under penalty of perjury, under the laws of the State of California, that all statements and information provided by Contractor pursuant to the agreement are true and correct, with full knowledge that all statements and information are subject to investigation and that any incomplete, unclear, false, or dishonest statement or information, including failure to disclose funding sources, may be grounds for disqualification from receiving any existing or further funding or participating in any programs or projects using the CARB or District- provided funds, or from doing business with the State of California or the District. By providing or making any false statements or providing false information, Contractor may be in violation of the California False Claims Act ( Government Code Section 12650 et seq.).
3) The individual signing on Contractor’ s behalf herein is an authorized representative of Contractor with full power and legal authority to sign, and by said signature Contractor is bound to and will comply with all terms, conditions, and obligations set forth in this Agreement.
IN WITNESS WHEREOF, the parties execute this Agreement effective as of the last date of the last signature below. By electronically signing this document, all parties accept the use of electronic signatures.
FOR FOR THE DISTRICT:
By:
TIFFANY ALLEN, CITY MANAGER PAULA FORBIS, Air Pollution Control Officer
CITY OF CHULA VISTA
Date: ___________________________
33529('
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
0DUFR 9HUGXJR LW\ WWRUQH\
Paula Forbis
Digitally signed by Paula Forbis
Date: 2025. 12. 31 14: 03: 52 - 08' 00'
Jennifer. Stone@sdco
unty. ca. gov
Digitally signed by
Jennifer. Stone@sdcounty. ca. gov
Date: 2025. 12. 31 12: 56: 32 - 08' 00'
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
ATTACHMENT A- 1 – Initial Status Report
APCD2025- CARL- 0007
Reporting Period: Initial Report covering through ; due December 31, 2025 Status of the tasks required to complete the project:
Task 1: A salvage facility located within San Diego County has been identified and willing to accept and destroy existing equipment and engine.
Complete – Date Completed:
Pending – Anticipated Completion Date:
Task 2: Replacement equipment shall be ordered within 90 days of Grant Agreement Effective Date.
Complete – Date Completed:
Pending – Anticipated Completion Date:
Task 3: Take delivery of replacement equipment within 90 days of completion of Task 2. Proof of insurance for replacement equipment submitted.
Complete – Date Completed:
Pending – Anticipated Completion Date:
Task 4: Deliver existing equipment to a salvage facility so it will be destroyed no later than 60 days after completion of Task 3.
Complete – Date Completed:
Pending – Anticipated Completion Date:
Task 5: Certify that the existing equipment has been destroyed. Submit Attachment B to the District within 10 days of equipment destruction.
For this task, please submit Attachment B instead of this Initial Status Report.
Task 6: Contractor shall submit an itemized invoice ( Form 1) to the District upon completion of Task 5, but no later than 70 days after taking possession of the replacement equipment.
For this task, please submit Form 1 instead of this Initial Status Report.
I, the undersigned, certify that all equipment referenced in this report operated in accordance with the signed Grant Agreement and that all information contained in this report is true and accurate.
Signature: Date:
Name and Title: BRIAN CLARK, ENGINEER
Contractor: CITY OF CHULA VISTA
Contractor Address: 850 PASEO RANCHERO, CHULA VISTA, CA 91910 Contractor Phone: ( 619) 654- 3469 Contractor Email: Bclark@chulavistaca. gov
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
ATTACHMENT A- 2 – Annual Status Report
Report #___ of 2
APCD2025- CARL- 0007
Reporting Period: Annual Report covering through, ; due each year on the last day of ________________. date replacement equipment operational) ( one year after replacement equipment operational) ( month replacement equipment operational) Email reports to cleanairgrants@sdapcd. org and Travis. Arciaga@sdapcd. org
REPLACEMENT EQUIPMENT USAGE
Application #
Equipment Name/
Unit ID Engine Make & Model Engine Serial Number
Current
Hour Meter
Reading
Operation in
San Diego County
this Reporting
Period
APCD2025- ORPL- 0005
You must attach proof of current certificate of insurance for each of the equipment listed above.** Use the section below to provide comments and updates on project completion/ implementation, descriptions of any equipment maintenance and/ or repairs and description of any conditions ( such as weather, permits, major maintenance, etc.) that significantly impacted project usage:
I, the undersigned, certify that all equipment referenced in this report operated in accordance with the signed Grant Agreement and that all information contained in this report is true and accurate.
Signature: Date:
Name and Title: BRIAN CLARK, ENGINEER
Contractor: CITY OF CHULA VISTA
Contractor Address: 850 PASEO RANCHERO, CHULA VISTA, CA 91910 Contractor Phone: ( 619) 654- 3469
Contractor Email: Bclark@chulavistaca. gov
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
ATTACHMENT B – Certification of Equipment Dismantle/ Destruction APCD2025- CARL- 0007
Submit Completed Form to District within 10 days of equipment destruction *** Equipment Information Engine Information Replacement
Equipment
Received by
Owner
Date)
Existing
Equipment
Delivered to
Dismantler
Date)
Existing
Equipment
Dismantled/
Destroyed
Date)
Equipment
Name/ Unit ID#
Make & Model
Serial Number
or District tag
Make & Model
Serial Number or
District tag
6608 Cater illa V80F 2GJ00780 Perkins A4. 236 3711343A- 3 By signing below, the Dismantler and Equipment Owner certify to the following:
x Within 60 calendar days from the date the equipment owner received the replacement equipment, the above- listed equipment has been physically destroyed and rendered useless in such a manner to eliminate the possibility of future operation. x Within 10 calendar days of destruction of the existing equipment listed above, the Dismantler and/ or Equipment Owner have or will have contacted the District to inspect said equipment.
Dismantler:
Name of Dismantling Facility:
Address:
Phone Number: Email:
Contact Name: Title:
Signature: Date:
Equipment Owner:
Equipment Owner Name: CITY OF CHULA VISTA
Contact Name and Title: BRIAN CLARK, ENGINEER
Signature: Date:
SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
GRANT AGREEMENT WITH CITY OF CHULA VISTA
2025 CARL MOYER PROGRAM ( YEAR 26 AND 27)
OFF- ROAD EQUIPMENT REPLACEMENT PROJECT
APCD2025- CARL- 0007
Form 1: Invoice Form
Contractor’ s Billing Information: Contractor’ s Invoice Number:
City of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
Bclark@chulavistaca. gov
619) 654- 3469
Equipment Purchased: ( List each separately and attach additional sheets if needed) Application
Number
New Equipment
Make/ Model/ Serial Number
Purchase
Price
Reimbursement
Amount
APCD2025- ORPL-
0005
Total Claim for Reimbursement: $
I have submitted the items required for reimbursement listed in Article IV, Section A. I understand the District shall endeavor to issue payment within 30 days after this invoice is approved by the COR' s supervisor. I certify, under penalty of perjury under the laws of the State of California, that I have disclosed all sources of funding for this project to the San Diego Air Pollution Control District.
Signature: _________________________________________ Date: ____________ Name and Title: BRIAN CLARK, ENGINEER
Please send completed form to: Travis. Arciaga@sdapcd. org or 10124 Old Grove Road, San Diego, CA 92131 If you have any questions, please contact Travis Arciaga at ( 858) 414- 9625
FOR DISTRICT USE ONLY
APPROVAL TO PAY
CONTRACT NUMBER:
AMOUNT:
INSPECTION DATE:
OK TO PAY
OK TO PAY
Pay From:
ertificate Of Completion
Envelope Id: 23A4C8F1- C6BE- 4571- AD63- 0F815DEEFA34 Status: Sent Subject: Please DocuSign: 2025- 465 - SD County Air Pollution Control District Grant Source Envelope:
Document Pages: 32 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 1 Sheree Kansas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: ( UTC- 08: 00) Pacific Time ( US & Canada)
276 Fourth Ave
Office of the City Clerk
Chula Vista, CA 91910
skansas@chulavistaca. gov
IP Address: 12. 222. 96. 98
Record Tracking
Status: Original
12/ 29/ 2025 2: 17: 14 PM
Holder: Sheree Kansas
skansas@chulavistaca. gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Chula Vista Location: Docusign Signer Events Signature Timestamp
VICTOR DE LA CRUZ
vdelacruz@chulavistaca. gov
Procurement Services Analyst
Security Level: Email, Account Authentication
None) Signature Adoption: Pre- selected Style
Using IP Address: 12. 222. 96. 98
Sent: 12/ 29/ 2025 2: 43: 18 PM
Viewed: 12/ 29/ 2025 2: 47: 35 PM
Signed: 12/ 29/ 2025 2: 59: 24 PM
Electronic Record and Signature Disclosure:
Accepted: 7/ 7/ 2022 3: 59: 19 PM
ID: aa44f786- 55d4- 4190- 8a0a- 732be83c30f5
Lauren M. Gilmore
lgilmore@chulavistaca. gov
Security Level: Email, Account Authentication
None)
Signature Adoption: Pre- selected Style
Using IP Address: 2a04: 4e41: 5dca: 76fd:: 99ca: 76fd
Signed using mobile
Sent: 12/ 30/ 2025 10: 15: 18 AM
Viewed: 12/ 30/ 2025 10: 33: 09 AM
Signed: 12/ 30/ 2025 10: 34: 06 AM
Electronic Record and Signature Disclosure:
Accepted: 12/ 30/ 2025 10: 33: 09 AM
ID: 8644b706- 27db- 44ad- 97e8- 95202df0ee59
Tiffany Allen
tallen@chulavistaca. gov
City Manager
City of Chula Vista
Security Level: Email, Account Authentication
None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 12. 222. 96. 98
Sent: 12/ 30/ 2025 10: 34: 08 AM
Viewed: 12/ 30/ 2025 11: 57: 45 AM
Signed: 12/ 30/ 2025 11: 58: 46 AM
Electronic Record and Signature Disclosure:
Accepted: 6/ 24/ 2020 3: 22: 26 PM
ID: da4979cd- cef9- 49cc- 9218- 79f2509f3a69
Paula Forbis
Paula. Forbis@sdapcd. org
Air Pollution Control Officer
Security Level: Email, Account Authentication
None)
Sent: 12/ 29/ 2025 2: 43: 18 PM
Resent: 12/ 30/ 2025 11: 58: 48 AM
Viewed: 12/ 30/ 2025 7: 29: 38 AM
Electronic Record and Signature Disclosure:
Accepted: 12/ 30/ 2025 7: 29: 38 AM
ID: 95133d07- bcbf- 4427- a394- 263f16baecc3
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
Sydnie Montalvo
SMontalvo@chulavistaca. gov
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Stephanie Necochea
snecochea@chulavistaca. gov
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
City Clerk
cityclerk@chulavistaca. gov
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Christopher Manroe
cmanroe@chulavistaca. gov
Security Level: Email, Account Authentication
None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/ Encrypted 12/ 29/ 2025 2: 43: 18 PM Envelope Updated Security Checked 12/ 30/ 2025 10: 15: 17 AM Envelope Updated Security Checked 12/ 30/ 2025 10: 15: 17 AM Envelope Updated Security Checked 12/ 30/ 2025 10: 15: 17 AM Envelope Updated Security Checked 12/ 30/ 2025 10: 15: 17 AM Envelope Updated Security Checked 12/ 30/ 2025 10: 15: 17 AM Envelope Updated Security Checked 12/ 30/ 2025 10: 15: 17 AM Envelope Updated Security Checked 12/ 30/ 2025 10: 15: 17 AM Certified Delivered Security Checked 12/ 30/ 2025 7: 29: 38 AM Payment Events Status Timestamps
Electronic Record and Signature Disclosure
CONSUMER DISCLOSURE
From time to time, City of Chula Vista ( 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, Inc.
DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘ I agree’ button at the bottom of this document.
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 signing session and, if you elect to create a DocuSign signer account, you may access them 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. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘ Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and 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 Electronic Record and Signature Disclosure created on: 1/ 24/ 2018 8: 44: 52 AM Parties agreed to: VICTOR DE LA CRUZ, Lauren M. Gilmore, Tiffany Allen, Paula Forbis electronically from us.
How to contact City of Chula Vista:
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 phone call: 619- 691- 5041
To contact us by email send messages to: kbigelow@chulavistaca. gov To contact us by paper mail, please send correspondence to:
City of Chula Vista
276 Fourth Ave
Office of the City Clerk
Chula Vista, CA 91910
To advise City of Chula Vista of your new e- mail address To let us know of a change in your e- mail address where we should send notices and disclosures electronically to you, you must send an email message to us at cityclerk@chulavistaca. gov and in the body of such request you must state: your previous e- mail address, your new e- mail address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e- mail in the DocuSign system.
To request paper copies from City of Chula Vista
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 e- mail to cityclerk@chulavistaca. gov and in the body of such request you must state your e- mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Chula Vista
To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check- box indicating you wish to withdraw your consent, or you may; ii. send us an e- mail to kbigelow@chulavistaca. gov and in the body of such request you must state your e- mail, full name, US Postal 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
Operating Systems: Windows® 2000, Windows® XP, Windows
Vista®; Mac OS® X
Browsers: Final release versions of Internet Explorer® 6. 0 or above ( Windows only); Mozilla Firefox 2. 0
or above ( Windows and Mac); Safari™ 3. 0 or
above ( Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files
Screen Resolution: 800 x 600 minimum
Enabled Security Settings: Allow per session cookies
These minimum requirements are subject to change. If these requirements change, you will be asked to re- accept the disclosure. Pre- release ( e. g. beta) versions of operating systems and browsers are not supported.
Acknowledging your access and consent to receive materials 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 verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e- mail this disclosure and consent to an 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 on the terms and conditions described above, please let us know by clicking the ‘ I agree’ button below.
By checking the ‘ I agree’ box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
Until or unless I notify City of Chula Vista as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Chula Vista during the course of my relationship with you.