541 Washington Avenue
Yuba City, CA 95991
(530) 634-7659
FAX (530) 634-7660
www.fraqmd.org
Christopher D. Brown, AICP
Air Pollution Control Officer
Serving Sutter and Yuba Counties
December 28, 2022
Jim Schaad, City Manager
City of Marysville
PO Box 150
Marysville, CA 95901
Re: Community Air Protection Grant Contract Agreements
Dear Jim Schaad,
The District has prepared contract agreements for the replacement of three diesel stationary emergency engines. Please sign both copies of Agreement CAP2-10, and return to the District. Once the Agreements have been signed by all parties, one of each Agreement will be mailed to you to keep for your records.
If you have any questions please contact me at (530) 634-7659 ext 210 or [email protected].
The District looks forward to working with you to improve air quality in Yuba and Sutter counties.
Thank you,
Sidia fratte
Sondra Spaethe
Planning & Engineering Supervisor
File: Chron
Enclosures: (2) CAP2-10
CAP Incentives Year 2
AGREEMENT CAP2-10
FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT
COMMUNITY AIR PROTECTION FUNDS PROGRAM AGREEMENT
This Agreement (Agreement) is between the Feather River Air Quality Management District (District), a public agency of the State of California, and the City of Marysville (Participant).
1.0 Recitals
1.1 The District is in nonattainment of the state air quality standards for ozone and particulate matter and is impacted by the effects of toxic air contaminants, including diesel particulate matter and other pollutants from mobile sources.
1.2 The District Board of Directors approved Resolution No. 2019-12 authorizing the District's participation in the California Air Resources Board's (CARB) Community Air Protection Funds Program (Program) which is an incentive program to support early actions that reduce cumulative pollutant exposure, consistent with the goals of Assembly Bill 617 (Chapter 136, Statutes of 2017).
1.3 The District Board of Directors authorized the Air Pollution Control Officer (APCO) to execute agreements and implement the Program in accordance with the Community Air Protection Funds Supplement to the Carl Moyer Program 2017 Guidelines, the Funding Guidelines for Agencies that Administer California Climate Investments, and the 2017 Guidelines for the Carl Moyer Memorial Air Quality Standards Attainment Program (collectively referred to as Guidelines).
1.4 The District developed a Stationary Emergency Engine Project Plan (Project Plan) in accordance with the Guidelines that was approved by the CARB on February 16, 2022.
1.5 The Program provides incentives to public agencies for the replacement of emergency diesel generators in accordance with the Project Plan and the Guidelines.
1.6 The Participant wishes to participate in the Program by replacing the equipment described in this Agreement and represents that the purchase is not required by any local, state, and/or federal rule, regulation, memorandum, or other legally binding agreement, with the exception of certain agricultural projects described in Health and Safety Code §44229(b).
1.7 The Participant has read and agreed to all requirements of the Program application, the Community Air Protection Funds Supplement to the Carl Moyer Program 2017 Guidelines, the Stationary Emergency Engine Project Plan, and the 2017 Carl Moyer Program Guidelines which are hereby incorporated into this Agreement.
1.8 This Agreement is a voluntary act intended to reduce emissions of oxides of nitrogen, particulate matter, reactive organic gases, toxic air contaminants, and greenhouse gases within Yuba and Sutter counties.
2.0 Terms and Conditions
2.1 Definitions
2.1.1 Emergency Diesel Generator. A stationary, diesel-fueled generator permitted by the District to provide power during an emergency.
CAP Agreement
CAP2-10 Stationary Diesel Emergency Generators 12/28/2022
2.3.3 No payments shall be issued under this Agreement prior to post-inspection of the project by District personnel and verification that the new equipment is operational. The Project must meet milestones such as delivery and installation, post-inspection, and acceptance prior to payment issuance.
2.3.4 •Payments made under this Agreement are subject to taxation and an IRS Form 1099 will be issued to the Participant. Participant shall be required to provide an IRS form W-9 prior to the issuance of any payment under this Agreement. Funds may be withheld by the County of Yuba or Sutter as required by law for payment of tax liabilities and/or other court-ordered payments.
2.3.5 Itemized invoices from equipment supplier or paid invoices must be received by District prior to payment issuance. Payments will be made directly to project applicant if invoice was paid by applicant and will serve as reimbursement. Payments to dealer will be specified in contract.
2.3.6 If the final invoice amount is lower than the estimate, the District shall reduce the amount in section 2.3.1 in accordance with the Guidelines.
2.4 General Program Requirements
2.4.1 The Participant warrants that, throughout the term of the agreement, the equipment covered under this Agreement shall meet all eligibility requirements described in the Program application and the Guidelines.
2.4.2 The Participant cannot apply for or receive additional incentive funds, including but not limited to the state Carl Moyer Program inter-district fund or any other air district fund, including those funds used as matching funds, for any equipment listed in Exhibit A of funding provided by the Alternative and Renewable Fuel and Vehicle Technology the District discovers that the Participant has applied for or received funds from these sources, the District will terminate this Agreement and require that any funds paid under this Agreement be returned to the District.
Participant certifies that they have disclosed all funding sources applied for or received for the equipment listed in Exhibit A of this Agreement. Participant shall notify the District within 10 days of additional sources of funding received for the equipment listed in Exhibit A of this Agreement, including any sources that become available after contract execution
Participant Initials:_
The Participant agrees to operate the equipment described in Exhibit A in a manner that is consistent with the eligibility requirements in the Guidelines and the goals and objectives of the Program and within the manufacturer's specifications including all maintenance. Under no circumstances may the Participant make any modifications to or tamper with the equipment, prohibited under CARB and USEPA regulations. The Participant also agrees to operate the equipment in compliance with all local, state, anc
2.4.4 The Participant must submit copies of invoices from service providers that confirm:
Itemized expenses
CAP Agreement
CAP2-10 Stationary Diesel Emergency Generators 12/28/2022
2.2.1 of this Agreement and the aforementioned termination date shall serve as the project implementation period. The Participant is required to operate and maintain the equipment described in Exhibit A according to the terms of this Agreement for the full project implementation period.
2.7.2 The receipt of funds and performance under this Agreement prohibits application for any form of emission reduction credit for the life of the contract term outlined in Section 2.7.1. (i) This prohibition includes, but is not limited to all attainment, nonattainment, criteria and non-criteria pollutants, Application for Emission Reduction Credits (ERC), Mobile Emission Reduction Credits (MERC) and/or Certificates of Advanced Placement (CAP). This prohibition extends to credits from all Air Quality Management or Air Pollution Control Districts.
2.7.3 The District, CARB, or their designee may conduct an audit of the Participant's operations to verify that the Participant is complying with the Agreement terms. (i) As a condition of accepting funds, the Participant agrees to designate CARB as a third-party beneficiary with full auditing, inspection, and enforcement rights throughout the entire term of the Agreement. The District, CARB (as an intended third party beneficiary), or their designee(s) reserves the authority and right to monitor and enforce the terms of this contract any time throughout project execution through the implementation period to ensure emission reductions are obtained for a minimum of 75% operation within California or as specified in the contract for marine projects, including 5 years after the end of project life for projects lasting more than 5 years.
(i) Any audits will be conducted at a reasonable time and with reasonable notice to the Participant. The Participant agrees to provide the District and CARB with on- site access to the vehicle(s)/equipment described in Exhibit A
2.7.4 The Participant shall defend, indemnify, and hold harmless District, CARB, its officers, agents, employees and volunteers from any and all losses, costs, damages, fines or expenses (including attorney fees, court costs and expert fees) or liability of any kind or character to any person or property arising from, or alleged to arise from, any breach of the responsibilities required of the Participant by this Agreement or which are related in any way to the equipment, including any and all liability for general, special, consequential, or other damages resulting from the use of the equipment, for which financial assistance or other incentives are received from the District by the Participant.
2.7.5 This section 2.7.5 shall survive the termination of this Agreement for three years following the end date listed in Section 2.7.1. The Participant shall keep the following records from the beginning of operation of the equipment described in Exhibit A through the end of the term described in Section 2.7.1 and for three years following the end date listed in Section 2.7.1. It is the responsibility of the Participant to maintain records adequate to document the subsequent information. The District may request these records at any time during the term of this Agreement, including:
12/28/2022
2.7.12 If either of the events listed in this paragraph occur, the Participant must notify the District within 30 days of the date Participant knows, or reasonably suspects, that the event has occurred or is likely to occur:
(i) The Participant suffers a catastrophic loss; or
(ii) The Participant files for bankruptcy; or
(iii) Any other event has occurred or is likely to occur that could impair the Participant's ability to perform the conditions of this Agreement.
2.7.13 Correspondence between the District and Participant should be addressed to the following:
To District To Participant
Community Air Protection Program Jim Schaad, City Manager Feather River AQMD City of Marysville
541 Washington Avenue PO Box 150
Yuba City, CA 95991 Marysville, CA 95901
Phone: (530) 634-7659 Phone: (530) 749-3901
FAX: (530) 634-7660 Email: [email protected]
Email: [email protected]
The address and/or contacts may be changed only by written notice to the other party.
Such written notice may be given by mail or personal service.
2.7.14 This Agreement consists of the following:
(i) Participant Agreement
(i) Exhibit A - Equipment and Performance Requirements
2.7.15 During the performance of this Contract, the Program Participant shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, sexual orientation, medical condition, marital status, age (over 40) or allow denial of family-care leave, medical-care leave, or pregnancy-disability leave. The Program Participant shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Program Participant and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, title 2, section 7285 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 of title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. The Program Participant shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
2.7.16 If any provision of this agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulations governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the agreement to either party is lost, the agreement may be terminated at the option of the affected party. In all other cases, the remainder of the agreement shall continue in full force and effect.
CAP Agreement
CAP2-10 Stationary Diesel Emergency Generators 12/28/2022
EXHIBIT A
Equipment Information and Performance Requirements
EQUIPMENT INFORMATION
Existing Equipment: Stationary Diesel-Fueled Emergency Generator New Equipment: Stationary Tier 4 Diesel-Fueled Emergency Generator Location Where Engine #1 Operates:
County: Yuba | Address: 1600 Ellis Lake Court, Marysville Lat/Long for DAC/LIC: -121.594518, 39.15281
Existing Engine #1 Information: New Equipment Information:
FRAQMD Permit #: 23057 Make: John Deere
Make: Caterpillar Model:4045HF
Model: 3304 Horsepower: 115 hp
Horsepower: 115 hp Serial Number: tbd
Serial Number: 4B8055 Fuel Type: Diesel
Hour Meter Reading: 568 on 3/29/2022
Location Where Engines #2 and #3 Operates:
County: Yuba Address: 17" and Hall, Marysville
Lat/Long for DAC/LIC: -121.5710089, 39.155281
Existing Engine #2 Information: New Equipment Information:
FRAQMD Permit #: 23058 Make: John Deere
Make: Caterpillar Model:6068HI
Model: 333 Horsepower: 173 hp
Horsepower: 190 hp Serial Number: tbd
Serial Number: 66D349 Fuel Type: Diesel
Hour Meter Reading: 3437 on 3/29/2022
Existing Engine #3 Information: New Equipment Information:
FRAQMD Permit #: 23058 Make: John Deere
Make: Caterpillar Model:6068HI
Model: 3306 Horsepower: 173 hp
Horsepower: 190 hp Serial Number: tbd
Serial Number: 66D21550 Fuel Type: Diesel
Hour Meter Reading: 1785 on 3/29/2022
PERFORMANCE REQUIREMENTS
Minimum Operation and 3 years
Ownership
CAP 210 Stationary Diesel Emergency Generators 12/28/2022 age 9 of g