CITY OF RICHMOND
Standard Contract Approval and Execution Routing Slip
Contractor Name: Envision Solar Contract# 5067 _BL#40059485 Exp. Date: 11/22/20 Description of Services Solar Charging ARC Vendor # 14309 Department: Transportation Project Manager: Denee Evans Phone: 621-1218 Initial Contract Amount:$ 80,000 Term of Contract: 12/18/19 - 12/01/23 Total Contract: $ 80,000
Initial Contract: Amendment: 102 0 304 Amendment $
Step 1: Staff Preparation
Check One Attach
1. Check • Emergency Justification (Please Attach)
One • Sole Source Approval Signed (Please Attach)
| Evidence of Competitive Bidding (Please Attach)
2. Prepare Scope of Work
3. Add Insurance Provisions
4. Obtain Tentative Contractor Approval (Scope of Work, General Conditions, Insurance Provisions)
5. Prepare Contract
6. Secure Legal Opinion
7. Purchasing Division Approval in Munis
8. Check Council Approval
Applicable (over $10,000) (Council Meeting Date) 12/17/19 boxes
• This contract is grant funded by
Step 2: Council Approval Process (Contracts above $10,000) Using Agenda Plus System to Place Items on the City Council Agenda for Action Step 3: After City Council Approval, Project Manager Executes Contract by Obtaining contractor signature on 3 original contracts and attaching Insurance Certificate and additional Insurance Endorsement
Step 4: Submit Contractor Signed Documents to City Clerk Council meeting. _City Clerk Signature
Deliyered Date Return Pate
City Attorney
120 2v 20
Mayor
City Clerk 217/20
City Clerk will return two original documents to Project Manager for the contractor and department and place a copy on the Intranet
Rev. 11/2015
Denee Evans
From: Sabrina Lundy
Sent: Wednesday, December 18, 2019 10:26 AM
To: Sabrina Lundy
Cc: Pamela Christian; Ursula Deloa; Jasuara Castaneda
Subject: Approved Consent Items - December 17, 2019, City Council Meeting The following Consent Calendar items were approved by the City Council at its December 17, 2019, meeting:
HOUSING AUTHORITY CONSENT CALENDAR
G-1. RECEIVE a financial status and operational update for the Richmond Housing Authority (RHA); and ADOPT a resolution authorizing 1) the Housing Authority to accept and appropriate $401,523 in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant funds administered by the County of Contra Costa for the repair and replacement of the elevators at Nevin Plaza; and 2) the Executive Director to negotiate and execute all agreements necessary to effectuate the intent of this action.
CITY COUNCIL CONSENT CALENDAR
1-1. AUTHORIZE the City Manager to execute a ten (10) year lease agreement between the City of Richmond and the Watershed Nursery at 601 A Canal Boulevard.
I-2. ADOPT a resolution for the City authorizing submission of reimbursement requests for the Wastewater Treatment Plant Critical Improvement Projects from the Clean Water State Revolving Fund (CWSRF) Loan in the amount of $50,000,000.
1-3. ADOPT a resolution incorporating the emergency support functions as annexes into the City of Richmond's Emergency Operations Plan.
1-4. APPROVE a contract with Public Resources Advisory Group to provide financial advisory services in an amount not to exceed $150,000 over a three-year term, with the option to renew the contract for an additional two years, for a total contract amount not to exceed $250,000 based on the same terms, if approved by both parties. 1-5. DIRECT the city manager and staff to explore potential revenue enhancement and cost recovery measures, including researching and preparing potential ballot measures for City Council consideration; and AUTHORIZE the city manager to hire a consultant for an amount not to exceed $25,000 to analyze potential revenues and expenditures for Kids First. This item was continued from the December 3, 2019, meeting. 1-6. APPROVE contracts with Allied Universal to provide security guard services at 325 Civic Center Plaza, 403 Civic Center Plaza, 440 Civic Center Plaza, 450 Civic Center Plaza, 330 25th Street, 2525 Macdonald Avenue, 2705 Macdonald Avenue, 326 27th Street, and 1322 Canal Boulevard from January 1, 2020, to December 31, 2022, with a two year option to extend upon agreement by both parties, in an amount not to exceed $1,742,947; and APPROPRIATE Fiscal Year (FY) 2020-21 funds in the amount of $561,716, Fiscal Year (FY) 2021-22 funds in the amount of $579,118, and Fiscal Year (FY) 2022-23 funds in the amount of $602,113 to cover the cost of the contracts. 1-7. APPROVE an interagency agreement with the Contra Costa County Health Services Department to provide mental health outreach services from July 1, 2019, through June 30, 2020; and ACCEPT and APPROPRIATE $146,795 in Assembly Bill 109 Realignment funds.
1 1-8. APPROVE a purchase from First Spear of California for tactical safety equipment for the Police Department's High Risk Entry Team in an amount not to exceed $24,568.05.
I-9. APPROVE the purchase of five (5) 2020 Ford F250 trucks from The Ford Store San Leandro in an aggregate amount not to exceed $130,000.
1-10. ADOPT a resolution to update the 2020 solid waste collection rates; and AUTHORIZE and APPROVE the City Manager to execute an amendment to the Solid Waste Collection Franchise Agreement to increase the Franchise Fee as directed by City Council to 17.5 percent.
1-11. APPROPRIATE unexpended Fiscal Year 2018-2019 Environmental and Community Investment Agreement (ECIA) Community Grant funds totaling $300,000 to Fiscal Year 2019-2020; and AUTHORIZE the appropriation of any unexpended ECIA Community Grant funds in future fiscal years related to grant extensions to allow for the rolling over of unexpended funds to the subsequent fiscal year.
1-12. APPROVE the Fiscal Year (FY) 2020-21 Environmental and Community Investment Agreement (ECIA) competitive grant program guidelines and application.
1-13. AUTHORIZE the City Manager to enter a funding agreement with the Bay Area Air Quality Management District (Air District) in the amount of $55,000; and AUTHORIZE the City Manager to enter a purchase contract with Envision Solar International not to exceed $80,000 to purchase a mobile solar charging arc; and APPROPRIATE $210,000 from the Chevron Environmental and Community Investment Agreement (ECIA) fund to cover the remaining up front installation and operational costs that are required to support fifteen (15) new electric vehicle charging stations throughout the grant cycle.
1-14. RECEIVE a written update on research to-date and recommended next steps on the development of an Equal Access Ordinance.
I-15. ADOPT a Resolution of Intention to set the public hearing to allow property owners request for street vacation for the unbuilt portion of Meeker Avenue from the west line of South 19th Street to the east line of South 17th Street, and set the public hearing on the matter before the Council on January 14, 2020.
I-16. ADOPT a resolution amending the City of Richmond's Conflict of Interest Code to ensure that all City positions required to file Statements of Economic Interest are properly identified.
I-17. APPROVE a legal services agreement with Sacks Ricketts & Case, LLP in an amount not to exceed $30,000, for ongoing advice regarding labor negotiations with a term expiration of June 30, 2020.
I-18. ADOPT a resolution to ratify the November 8, 2019, side letter implementing the schedule change for Patrol Lieutenants to a "3-12" work schedule. This only applies to Lieutenants working in Patrol.
I-19. ADOPT a resolution to ratify the August 8, 2018, side letter implementing the schedule change for Police Officers and Sergeants to an "11/80" work schedule. This only applies to Officers and Sergeants working in Patrol.
I-20. ADOPT a resolution amending the City of Richmond's Position Classification Plan to add four (4) new classifications: Deputy City Manager, Community Development Director, Library and Community Services Director, and Public Works Director.
1-21. INTRODUCE an ordinance (first reading) to establish wages, salary, and compensation for Deputy City Manager (Salary Range No. 5.5. $12,338 - $19,640); Community Development Director (Salary Range No. 5.2. $11,801 - $18,785), Library and Community Services Director (Salary Range No. 5.1 $10,728 - $17,078) and Public Works Director Contract 5067 V To Be Rolled Status
Entered by 6473sjoh
Method Non-Encumbered GL Accounts • Hold Payments Original APPROVED Entered 01/29/2020 EXI
Vendor 14309 .. ENVISION SOLAR INTERNATIONAL, INC. • Change Order NONE Modified 01/29/2020 axa
Main Retainage User Defined Accounts Items Subcontractors Insurance Main Information Dates
Dept/Loc 13 ... CITY MANAGER Estimated start
12/18/21M:
Bid/RFP Estimated completion
12/01/2023 a
Requsition Year/Number Bid awarded
Exal
Project Approved 12/17/219A31
Description PURCHASE SOLAR ELEC VEH CHRG ARC, EQUIP, & SVC COV Initial expiration 12/01/2023B31 Year 2020 Period Renewal action
Type OPR (OPERATING) Extended through AXEl
Subtype
Days
Review code
Original 1444
Percent complete 0.00 as of
Modified
Administrator 6473deva DENEE EVANS
Revised 1444
Workflow None Notification Percentage
0.00 Totals
Additional Informe
Original 80,000.00 Open Req 0.00 0.00% Requisitions (0) Milestones (0) Revised 80,000.00 Open PO Performance (0)
0.00 0.00% Purchase Orders (0)
Liquidated amt 0.00 Expended 0.00 0.00%
Invoices (0)
Unrelieved 80,000.00 Available 80,000.00 100.00%
Workflow
My Approvals Approve Reject Forward Hold
Approvers
40 of 40 Attachments (Z)
COPY
Date: 11/22/2019
All: 11
Department: CM TransportatibH Sevices 'Initiated by: Denée Evans Phone: 621-1718 Subject: Envision Solar International, Inc and City of Richmond contract Resolution: Ordinance: Contract: RFP/Q: Opinion: Review:
Please indicate the nature of your request and the purpose of the contract or document to be reviewed:
Review of the purchase and service agreement with Envision, Inc. to acquire a mobile solar charging arc (EV ARC) and one Chargepoint signal port level two electric vehicle charger in association with the Air District propose grant award funds TFCA project # 19EV021. ECIA funds have been approved for EV charging projects (Act. String 11737013-400201) will A. be appropriated to pay for the majority of the up front costs to acquire this technology for the 1340 Marina Way So. ZAIDI location and partially refunded as indicated in the proposed TFCA grant award letter. (Items must have completed the review process BEFORE placement on the Agenda) / Deadline for opinion? 12/02/2019 / Meeting Agenda (choose one): City / Agency Authority Date: 12/17/2019
List Attachments:
Envision Standard Contract (and exhibits)
Air District Letter of Proposed Award
Envision EV ARC Proposal
RESPONSE BY CITY ATTORNEY'S OFFICE
APPROVED SUBJECT TO CHANGES SHOWN REPLY ATTACHED OTHER
Please see my notes in Exhibit at to contract
1st Review Date: 2nd Review Date:
3rd Review Date:
LAPPROVED AS TO FORM Date: 12148/19
Attorney's Signature:
rev. 3-07
Bickerien
City of Richmond
Sole Source Justification
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Copyou make thias competive and disses eu trator eit nore coreeting this form. If Purchasing cam Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
Company Name: Envision Solar International, Inc. Contact Name: ANDY IKE Address: 5660 Eastgate Drive
City: San Diego State: CA Zip Code: 92121
Phone Number (858) 799-4583 E-Mail [email protected] Duration of Contract: 3 years
Estimated Cost: $ 80,000 Funding Source (Account String) 11731013-400201-2A1JK Is the product/service IT related? Yes No If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_X No For Product: Does the manufacturer sell the items) through distributors? Yes_ No _ Description of Product or Service:
Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) The City of Richmond will use the EV ARC ™ unit, equipped with a ChargePoint EVSE, to charge its growing fleet of electric vehicles (EVs). The EV ARC™ will continue to provide EV charging and a source of power via its emergency power panel during a blackout or other grid interruption. The EV ARC™ can be deployed in minutes without difficult and disruptive permitting, electrical work and construction. In addition, the solar energy used to charge fleet vehicles will enhance Richmond's carbon reduction initiatives.
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.
The patented EV ARC™ (Electric Vehicle Autonomous Renewable Charger) is the world's only transportable but permanent EV charging infrastructure solution. Deployed in minutes without any disruptive, time-consuming and expensive permitting, construction or electrical work, the EV ARC™ will support the charger and service provider of your choice. EV ARC™ generates and stores all its own energy so you'll never get a utility bill and you'll be able to charge day and night, during inclement weather and crucially, during blackouts. Integrated Envision Trak ™, patented solar tracking enhances energy production by up to 25%. EV ARC™ is enabling clean, reliable EV charging in 82 municipalities, 16 states, 3 nations and in the Caribbean where it continued to operate during category five, 185 mph winds in 2018.
(if additional space is needed, include them in a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):
The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).
The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).
Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.
A specific item is needed:
To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been uccessful to date in implementing a difficult manufacturing process or the services sought). In a brie xplanation, provide supporting evidence of why other contractors are considered to be unable to overcom the substantial risk.
Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence. (if additional space is needed, include them in a separate page) 2 | Page
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g,, market research), and further affirm that there is no conflict of interest involved in the selection made.
Department: CM TRANSPORTATION SERVICES
Requester Name and Title: DENEE EVANS, TRANSPORTATION SERVICES PROJECT MANAGER Note: Requester must be able to defend this justification.
Date: 1/15/2020 hone: 621-1773,
Department Director (Print) STEVEN FALK (Sign) 54M Date: 1•22.2021 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
APPROVED: Slink a DATE: 153/20
NOT APPROVED: COMMENTS:
City Manager City Clerk Attesting to Council Approval
(Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.
PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.
If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.
Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.
Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representatives). The certification will remain on file for audit purposes.
The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.
1. Personal preference for product or vendor.
2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).
3. Features which exceed the minimum department requirements. 3 | Page
DATE (MIDDAYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE 11/26/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
NAMEAT Certificate Department NAME:
Cavignac & Associates PHONE [FAC, No: 619-234-8601
450 B Street, Suite 1800 (AIG, No, Ext): 619-744-0574
E-MAIL
San Diego CA 92101 ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
INSURER A: Travelers Property Casualty Company of America 25674 INSURED ENVISOL-01 INSURER B: Travelers Indemnity Co of Conn 25682 Envision Solar International, Inc. INSURER C: Admiral Insurance Company 5660 Eastgate Dr
San Diego, CA 92121 INSURER D:
INSURER E:
INSURER F :
COVERAGES CERTIFICATE NUMBER: 403591895 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ELSON AND COMING OF SUCH POLICE THE SION TAN BEN REUCE EF AD CAN EREN SUET EN.
INSR LIMITS
TR INSD WYD POLICY NUMBER
X COMMERCIAL GENERAL LIABILITY ZLP41M93104 3/24/2019 3/24/2020 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 300,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000.000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000,000 POLICY [X] PECT / LOC PRODUCTS - COMP/OP AGG 520000
OTHER:
BA6K986378 3124/2019 3/24/2020 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY Ea accident) 5.00.000
X ANY AUTO BODILY INJURY (Per person)
ALLOWNED SCHEDULED BODILY INJURY (Per accident) s
AUTOS
NON-OWNED PROPERTY DAMAG
HIRED AUTOS AUTOS Per acciden
UMBRELLA LIAB CUP7K024716 3/24/2019 3124/2020 EACH OCCURRENCE $2,000,000 A _ OCCUR
EXCESS LIAB CLAIMS-MADE AGGREGATE $2.000.000
DED X /RETENTIONSO $
A WORKERS COMPENSATION UB6K989215 3124/2019 3124/2020
AND EMPLOYERS' LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/ A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1.000.000 DES OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 Professional Liability E000004355702 3124/2019 3/24/2020 Ea Claim/Aggreg $1,000,000
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED |I City of Richmond - Transportation Services ACCORDANCE WITH THE POLICY PROVISIONS.
Office of the City Manager
450 Civic Center Plaza AUTHORIZED REPRESENTATIVE
Richmond CA 94804
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
REVOIVEU
2020 JAN -6 AM 9:28
BAY AREA AIR QUALITY
MANAGEMENT DISTRICT
BAAQMD FYE 2019 TFCA Funding Agreement
TRANSPORTATION FUND FOR CLEAN AIR FUNDING AGREEMENT
BETWEEN
THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND
CITY OF RICHMOND
PROJECT NUMBER: 19EV021
'This funding agreement ("Agreement") is made and entered into between City of Richmond, hereinafter referred to as "Project Sponsor," and the Bay Area Air Quality Management District, hereinafter referred to as the "Air District" (and hereinafter referred to jointly as the "Parties").
SECTION I
RECITALS
1) California Health and Safety Code Sections 44223 and 44225 authorize the Air District to levy a fee on motor vehicles registered within its jurisdiction and to use those fees to implement mobile source and transportation control projects that result in surplus emission reductions. 2) The Air District has established a grant fund, entitled the Transportation Fund for Clean Air ("TFCA") to implement such projects. Under the TFCA's Regional Fund Program, the Air District may issue TFCA funds to public agencies and, for certain vehicle-based projects, to other entities for projects within the Air District's jurisdiction ("TFCA Program").
3) California Health and Safety Code Section 44241 lists the permissible types of projects, all of which must conform to the transportation control measures and mobile source measures that are included in the Air District's air quality plan(s) adopted pursuant to. California Health and Safety Code Sections 40233, 40717, and 40919 and are in effect as of the date of execution of this Agreement. 4). On May 2, 2018, the Air District's Board of Directors approved funding allocations for the TFCA Program for Fiscal Year Ending (FYE) 2019, under California Health and Safety Code Section 44241, and authorized the Executive Officer/Air Pollution Control Officer (APCO) to execute Grant Agreements for eligible projects funded by the TFCA Program, with individual grant awards up to $100,000. 5) On'May 2, 2018, the Air District's Board of Directors also approved the cost-effectiveness limit for projects receiving TFCA Program funds.
6) On October 25, 2018, the Air District released the Application Guidance for Charge! Program for FYE 2019 ("Program Guidance""), which includes the Program Policies and sets forth additional requirements for eligible charging station projects.
7) The Air District selected Project Number 19EV021 ("Project") as an eligible project to improve air quality in the San Francisco Bay Area Basin based on the Program Guidance and the information provided in the Project Sponsor's application.
The Project Sponsor affirms that the Project has not commenced, would not have otherwise commenced without TFCA Program funding, and will result in surplus emission reductions. 9) The Parties desire to enter into this Agreement to implement the Project in accordance with the terms and conditions of this Agreement, including all attachments thereto.
NOW, THEREFORE, pursuant to California Health and Safety Code Section 44241, the Parties hereby agree as follows:
TFCA Project 19EV021 Page 1
BAAQMD FYE 2019 TFCA Funding Agreement
SECTION II
PROJECT SPONSOR OBLIGATIONS
1) The Project Sponsor hereby agrees to implement the Project, which is described in "Project Information" (Attachment A), in accordance with the costs, terms, and conditions in the "Project Budget and Payment Process" (Attachment B), and all applicable provisions of federal, state, and local law and regulations. Failure to implement the Project in accordance with the terms and conditions set forth in this Agreement and all attachments thereto shall be deemed a breach of this Agreement and may result in the Air District's enforcement of the Agreement, termination of the Agreement, a reduction of the Project's TFCA. Funds Awarded that are specified in Attachment B, or other remedies sought by the Air District at its sole discretion. 2) The Project Sponsor shall pay all Project costs necessary to complete the Project prior to submission of the •Final Invoice to the Air District for reimbursement. Air District's funding obligation under this Agreement is limited to reimbursemeit of Eligible Costs, as specified in Attachment B, the amount of which shall not exceed the TFCA Funds Awarded, also as specified in Attachment B. The Project Sponsor shall be solely responsible for all costs that exceed the TFCA Funds Awarded.
3) The Project Sponsor is responsible for assuring that all funds received under this Agreement and Matching Funds are expended only in accordance with the requirements of the TFCA Program, this Agreement, and all applicable provisions of law and regulations.
4) The Project Sponsor shall allow the Air District and its authorized representatives to conduct performance and fiscal audits of the Project at any time during the Term of this Agreement. The Project Sponsor shall cooperate with such audits and shall make available to the Air District all records relating to Project performance and expenșes incurred in the implementation of the Project.
The Project Sponsor shall allow the Air District or its authorized representatives to inspect the Project at any time during the Project Operational Period. The Project Sponsor shall cooperate with such inspections. 5) The Project Sponsor shall prepare and maintain all necessary Project Records to document Project activities and performance, including invoicing documentation set forth in Section 5 of Attachment B, documentation to support the Project reporting requirements set forth in Attachment C, and insurance documentation set forth in Attachment D (all of which comprise "Project Records"). Project Records shall also include documentation that verifies compliance with the requirements set forth in Section II.8. The Project Sponsor shall keep Project Records in one central location for a period of three (3) years after the later of a) the date of the Air District's . final payment, or b) the end of the Project Operational Period:
: 6) The Project Sponsor shall submit the reports specified in Attachment C to the Air District by the due dates specified in Attachment C. These reports are public documents. At its discretion, the Air District may accept and process a late-submitted report, without thereby waiving or amending the submission deadline of any or all subsequent reports
7) The Project Sponsor shall implement and operate the Project for the duration of the Project Operational Period.
The Project Sponsor may not make any changes to the operational status of the Project without the prior approval of the Air District. Failure to obtain prior approval is a breach of this Agreement.
For purposes of this Agreement, a "change to the operational status" occurs whenever any portion of the Project is removed from active service other than for routine maintenance, relocated to a different location than what is specified in this Agreement (Attachment A), rendered inoperable, sold, or transferred to another entity, before full completion of the Project Operational Period.
If the Project Sponsor intends to make a change to the Project's to the operational status, the Project Sponsor must seek a modification of this Agreement in advance to allow for a change pursuant to Section IV.3. 8) The Project Sponsor shall acknowledge, and require any third party that implements any portion of the Project ("Sub-awardee") to also acknowledge, the Air District as a Project funding source at all times throughout the Project Operational Period as specified in Attachment A. The Project Sponsor shall use, and require any Sub- awardee to use, the Air District's approved logo for the Project. The required documentation and materials are specified in Attachment C.
BAAQMD FYE 2019 TFCA Funding Agreement
9) Beginning when the Project starts and throughout the Project Operational Period, the Project Sponsor shall obtain, maintain, and comply, and require any Sub-awardee to also obtain, maintain, and comply, with the insurance coverage specified in Attachment D, "Insurance Requirements," and with all insurance requirements set forth therein, including the provision of documentation of said insurance coverage. 10). To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (Government Code section 6250 et seq.), the Project Sponsor shall place in the public domain any software, written document, or other product developed with TFCA Program funds as part of the Project and shall require recipients of any TFCA Program funds, if any, to do the same. 11) The Project Sponsor shall use TFCA Program funds only for the implementation of a project that will result in surplus motor vehicle emission reductions within the Air District's jurisdiction and be responsible for demonstrating the émission reductions achieved. Surplus emission reductions are those that exceed the requirements of applicable regulations or other legal obligations (including contracts) as of the Effective Date of this Agreement.
12) The Project Sponsor shall comply with all Program requirements set forth in "Application Guidance for Charge! Grant Program for FYE 2019," dated October 25, 2018, and which are incorporated herein and made a part hereof by this reference as if fully set forth herein.
SECTION Il
AIR DISTRICT OBLIGATIONS
The Air District will provide TFCA Program funds for this Project in an amount not to exceed the TFCA Funds Awarded, in accordance with the formula set forth in Attachment B. In the event that the Total Project Cost is less than the amount listed in Attachment B, the Air District shall recalculate its contribution to the Project in accordance with the provisions of Section 3 of Attachment B. 2) The Air District will endeavor to pay the undisputed amount of an approved invoice within thirty (30) calendar days of the date of Air District's approval of such invoice and in accordance with the Invoice and Payment Schedule set forth in Section 5 of Attachment B.
• 3) The Air District will provide timely notice to the Project Sponsor prior to conducting any audits of the Project.
Also, the Air District makes reasonable efforts to conduct audits and inspections during normal business hours of the Project Sponsor.
4) The Air District will provide the Project Sponsor a copy of the fiscal audit of the Project as specified in California Health and Safety Code Section 44242.
5) The Air District will provide the Project Sponsor all applicable Air District-approved reporting and invoice forms.
6) . The Air District will make its logo available to Project Sponsor solely for use to fulfill the Project Sponsor's. obligation under Section II.8 of this Agreement.
SECTION IV
GENERAL PROVISIONS
1) Effective Date: The effective date of this Agreement is the date the Air District Executive Officer/Air Pollution Control Officer executes this Agreement ("Effective Date"). 2) Term: The term of this Agreement shall commence on the Effective Date of this Agreement and end three (3) years from the later of either 1) the date of the Air District's final payment, ot 2) the last day of the Project Operational Period, unless this Agreement is terminated or amended as provided below, or the Term is extended pursuant to Special Conditions, Attachment A.
3) Amendment: This Agreement may not bè modified except in writing, signed by both Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. Any change in Project scope shall require an Amendment under this Agreement.
TECA Proiect 19EV021 Page 3
BAAQMD FYE 2019 TFCA Funding. Agreement
4) Project Liaison: Within thirty (30) calendar days from the Effective Date of this Agreement, the Project Sponsor shall notify the Air District of the Project Sponsor's Project Liaison and of the Liaison's address, telephone number, and email address. The Project Liaison shall be the liaison to the Air District pertaining to implementation of this Agreement and shall.be the day-to-day contact about the Project. All correspondence shall be addressed to the Project Liaison. The Project Liaison shall notify the Air District of a change of Project Liaison or of the Liaison's contact information in writing no later than thirty (30) calendar days from the date of the change.
5) Notices: Any notice that may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, by U.S. Postal Service first class mail, or by certified mail (return receipt requested). Within thirty (30) calendar days of the Effective Date of this Agreement; the Parties shall inform the other Party of the addressee for notice. Each Party shall promptly inform the other of any changes for notice. All correspondence shall reference the Project Number. 6) Project Due Dates: If any Project act or task must be performed by a specific deadline or date, which day falls on a Saturday or holiday (which includes Sunday), that act or task may be performed by the next business day, except where otherwise noted in Special Conditions, Attachment A:
Breach and Termination:
A. Voluntary. Either Party may terminate this Agreement by giving written notice to the other Party. The notice of termination shall specify the effective date of termination. The terminating party shall provide notice that is a minimum of forty-five (45) calendar days from the mailing date of the notice. However, if any payments are due to either party, this Agreement may not be terminated earlier than the date that all parties have received all payments they are due under this Agreement. In this circumstance, each party shall notify the other party of having received all payments due and the date of receipt. The notice of the termination shall be delivered as provided for in Section IV.5..
If the Project Sponsor terminates this Agreement, the Project Sponsor shall not be entitled to the full amount of the TFCA Funds Awarded. The Air District will calculate the amount of funds to which the Project Sponsor is entitled, based on the Air District's determination of what funds are Eligible Costs and the formula set forth in Attachment B, Section 3. If the Air District has paid the Project Sponsor more than the amount of funds to which the Project Sponsor is entitled, the Project Sponsor shall reimburse any funds owed to the Air District prior to the effective date of termination, which may include all or a portion of the TFCA funds that Project Sponsor has already received but is not entitled to retain.
If the Air District terminates this Agreement pursuant to this provision, any costs incurred on the Project following the effective date of termination shall be ineligible for reimbursement of TFCA funds, except costs for any work that the Air District has specified in the notice of termination that the Project Sponsor may continue to perform for the specified period of time. The Air District will reimburse Project Sponsor for all Eligible Costs that were expended prior to the date specified in the notice of termination based on the formula set forth in Attachment B.
The Agreement cannot be terminated unless all payments have been fully made.
B. Breach: In the case of Project Sponsor's breach of this Agreement, the Air District will deliver a written notice of breach. The notice will specify the nature of the breach and will direct the Project Sponsor to cease all work immediately upon receipt of the notice, except as specifically provided for in the notice.
At its discretion, the Air District may allow the Project Sponsor to cure the breach; in that instance, the notice of breach will specify the date by which such breach must be cured. ("Cure Period"). As one of its remedies, the Air District may terminate this Agreement. In that event, the notice of breach will specify the date of termination, which shall be no less than thirty (30) calendar days from the date of mailing of such notice of breach.
The notice of breach will also notify the Project Sponsor that the Project Sponsor may not be entitled to the full amount of the TFCA Funds Awarded. The notice will specify the amount of the TFCA Funds Awarded; the amount of funds the Air District has paid to date, if any; and that some or all of the TECA Funds Awarded may be subject to reimbursement to, or withholding by, the Air District. In no event shall reas Denian 10RV021 Page 4
BAAQMD FYE 2019 TFCA Funding Agreement
the Agreement terminate prior to the Project Sponsor's reimbursement of any funds owed to the Air District.
Additional Provisions and Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents that are reasonably required to carry out the provisions, intent and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 9) Indemnification: The Project Sponsor shall indemnify and hold the Air District, its officers, employees, agents, and successors-in-interest harmless from and against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injuiy or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Project Sponsor, its officers, agents, or employees. The Project Sponsor shall require any third party who owns, operates, controls, or implements any portion of the Project to indemnify and hold the Air District, its officers, employees, agents, and successors-in-interest harmless from and against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys? fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the third party, its officers, agents, or employees.
Independent Contractor: Neither the Project Sponsor nor its officers, employees, agents, or representatives shall be considered employees or agents of the Air District. This Section does not apply to elected officials serving concurrently on the governing boards of both the Project Sponsor and the Air District. 11) Assignment: Neither Party shall assign, sell, license, or otherwise transfer any rights or obligations under this Agreement to a third party without the prior written consent of the other Party. All of the terms, provisions and conditions of this Agreement will be binding upon and inure to the benefit of the Parties and their respective successors, assigns and legal representatives. 12) Waiver: No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, not shall any waiver constitute a continuing waiver unless the writing so specifies.
Further, the failure of a Party to enforce performance by the other Party of any term, covenant, or condition of this Agreement, and the failure of a Party to exercise any rights or remedies hereunder, shall not be deemed a waiver or relinquishment by that Party to enforce future performance of any such terms, covenants, ot conditions, or to exercise any future rights or remedies.
Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.
Force Majeure: Neither the Air District nor the Project Sponsor shall be liable for, or deemed to be in default for, any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, judicial orders, governmental controls, regulations or restrictions, inability.to obtain labor or materials oi reasonable substitutes for labor or materials necessary for performance of the Project, or other causes, except financial, that are beyond the reasonable control of the Air District or the Project Sponsor, for a period of time equal to the period of such force majeure event, provided that the Party failing to perform notifies the other Party within fifteen (15) calendar days of discovery of the force majeure event, and provided further that that Party takes all reasonable action to mitigate the damages resulting from the failure to perform. Notwithstanding the above, if the cause of the force majeure event is due to a Party's own action or inaction, then such cause shall not excuse that Party from performance under this Agreement.
TRCA Proiect 19FV021 Page 5
BAAQMD FYE 2019 TFCA Funding Agreement
15) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by California law, excluding any laws that direct the application of another jurisdiction's laws. Venue for resolution of any dispute that arises under or relates to this Agreement, including mediation, shall be San Francisco, California.
Public Entities - Conflict of Interest: The Project Sponsor warrants and represents that its public officials, including its officers and employees in their official capacity, presently have no interest and agrees that its public officials, including its officers and employees in their official capacity, will not acquire any interest which would represent a conflict of interest under California Government Code sections 1090 et seq. and 87100 et seq. during the performance of this Agreement. • 17) Integration: This Agreement, including all attachments hereto, represents the final, complete, and exclusive statement of the agreement between the Air District and the Project Sponsor related to the Parties' rights and obligations and subject matter described in this Agreement, and supersedes all prior and other. contemporaneous understandings and agreements of the parties. No Party has been induced to enter into this Agreement by, nor is any Party relying upon, any representation or warranty outside those expressly set forth herein.
18) Survival of Terms: Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both Parties respective successors and assigns. Such terms include the requirements set forth in Sections IV.9 and Il.5. 19) Each of the undersigned expressly affirms that he or she is authorized to execute this Agreement on behalf of the Party whom he or she represents.
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BAAQMD FYE 2019 TFCA Funding Agreement
IN WITNESS WHEREOF; the Parties hereto have executed this Agreement by their duly authorized officers.
SIGNATURES:
83 Anth
by by:
Steven Falk
Jack P. Broadbent.
Executive Officer/APCO Interim City Manager
Bay Area Air Quality Management District City of Richmond 1 10 20 12-2319
Date:
Date:
Approved as to legal form: Approved as to legal form (optional):
Muk
by: by:
Brian C. Bunger
District Counsel Legal Counsel
Bay Area Air Quality Management District
TFCA Project 19EV021
BAAQMD FYE 2019 TFCA Funding Agreement
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BAAQMD FYE 2019 TFCA Funding Agreement
ATTACHMENT A
PROJECT INFORMATION
(Note: The section numbers shown in parentheses below refer to sections in the Agreement.) 1: Project Number (Section [V.5): 19EV021
2. Project Sponsor: City of Richmond
3. Project Title: City of Richmond's Electric Vehicle Charging Station Project.
4. Project Description: Project Sponsor shall install and operate 14 single-port level 2 (high) and 1 single-port level 2 (low) charging stations at 4 workplace, 2 multi-dwelling unit and 1 transit parking facilities in Richmond.
Project Goal: The goal of this Project is to reduce motor vehicle emissions by providing electric vehicle charging stations, thereby reducing motor vehicle emissions.
6.. Usage Requirement: The charger(s) listed in Table 1 shall dispense an aggregate total of 213,150 kWh of electricity during the Project Operational Period.
7. Project Operational Period: Three (3) years from the date all of the charging stations have been placed into public service.
8. Project Schedule:
Milestone Date
Project Starts Effective Date of Agreement
All funded equipment installed and placed into By December 1, 2020 • service, start of the Project Operational Period
End of Project Operational Period By December 1, 2023
9. Special Conditions (Sections II.1, II.4, II.8, IV.3):
A. Project Sponsor shall maintain the charging stations properly and guarantee that the stations are accessible and serviceable for at least 90 percent of the calendar days during each calendar year.
B. Project Sponsor shall use only State of California-licensed engineers and contractors to perform the Project work.
C. Charging stations shall be accessible for use during regular business hours for 250 days per year.
D. Charging Stations that are:
i. Installed at a stationary location shall be connected to the electrical grid; ii. Installed on a mobile plațform shall remain on, and be operated and maintained at, the approved Facility Location specified in Attachment A, Table 1, unless approved for temporary relocation at the Air District's discretion. Any relocation of equipment must remain within the Air District's jurisdiction.
E. Project Sponsor shall site, construct, install, maintain, and operate any services, equipment, or infrastructure paid for with TFCA Program funds in accordance with the respective manufacturer's specifications, all applicable state, federal and local laws and regulations including compliance with all applicable requirements of the Americans with Disabilities Act (ADA).
F. Project Sponsor shall allow the Air District, and its authorized representatives, to collect and share usage information about the Project.
G. Project Sponsor shall provide all of the information necessary about the funded charging stations to the US Department of Energy in order for the stations to be listed on their Alternative Fuel Data Center within 30 days but no later than 90 days from the date the charging stations are placed into TEA Di 100001 Page 9
BAAQMD FYE 2019 TFCA Funding Agreement
service. The Air District will not pay invoices until the listing for each funded station has been verified.
H. For Projects that receive funding from another source (e.g., California Bnergy Commission, NRG, PG&E), Project Sponsor is required to provide documentation along with invoice that adequately demonstrates the charging station(s) iristalled as part of this Project will result in surplus emission reductions that are beyond what is required by regulations, settlement, local ordinances, and other legally binding obligations.
I. Project Sponsor is required to acknowledge the Air District as a Project funding source during the.
Project Operational Period. Examples of documentation and material acknowledgement may include the following: photographs of equipment operated as part of the Project with Air District logos attached; documentation of use of the logo on the Project Sponsor's website, promotional materials, and on brochures, handbooks, and maps that promote or inform the public about the Project services; and copies of press releases and newsletter articles related to the Project (Section II.8).
BAAQMD FYE 2019 TFCA Funding Agreement
ATTACHMENT A
TABLE 1: APPROVED FACILITY LOCATION(S) AND EQUIPMENT TO BE INSTALLED Facility ID: 19EV021 F01
Facility Address: 1453 Harbour Way, Richmond, CA 94804
Facility Type: Transit Parking
Equipment to be Installed:
Oty Description Max TFCA Award Usage Requirement
Single-port Level 2 (high) Blink Level II Advanced $12,000 58,800 kWh (Capable of an output rating of 6.6+ kW) ($3,000 each) (14,700 kWh each) Facility Total: $12,000 58,800 kWh
Facility ID: 19EVO21_FO2
Facility Address: 2904 Hilltop Mall Road, Richmond, CA 94806 Facility Type: Workplace
Equipment to be Installed:
Qty Description Max TFCA Award Usage Requirement
Single-port Level 2 (high) Blink Level II Advanced $6,000 29,400 kWh (Capable of an output rating of 6.6 + KW) ($3,000 each) (14,700 kWh each) Facility Total: $6,000 29,400 kWh
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BAAQMD FYE 2019 TFCA Funding Agreement
Facility ID: 19EV021_F03
Facility Address: 5100 Harnett Avenue, Richmond, CA 94801 Facility Type: Multi-dwelling Unit
Equipment to be Installed:
Qty Max TFCA Award Usage Requirement
Single-port Level 2 (high) Blink Level II Advanced $14,000 29,400 kWh (Capable of an output rating of 6.6+ kW) ($7,000 each) (14,700 kWh each) Facility Total: $14,000 29,400 kWh
Facility ID: 19EV021_F04
Facility Address: Sit aype WorkPichmond, CA 94804
Equipment to be Installed:
Qty Description Max TFCA Award Usage Requirement
Single-port Level 2 (high) Blink Level II Advanced $6,000 29,400 kWh (Capable of an output rating of 6.6+ KW) ($3,000 each) (14,700 kWh each) Facility Total: $6,000 29,400 kWh
TFCA Project 19EV021 Page 12
BAAQMD FYE 2019 TFCA Funding Agreement
Facility ID: 19EV021_F05
Facility Address: 1340 Marina Way S, Richmond, CA 94804 Facility Type: Multi-dwelling Unit
Equipment to be Installed:
Qty Description Max TFCA Award Usage Requirement
Single-port Level 2 (low) ChargePoint CT4000 Series • $5,500 7,350 kWh (Capable of an output rating of 3.3+ kW)
Facility Total: $5,500 7,350 kWh
Facility ID: 19EV021_F06
Facility Address: 5201 Valley View Road, Richmond, CA 94803 Facility Type: Workplace
Equipment to be Installed:
Description Max TFCA Award Usage Requirement
Single-port Level 2 (high) Blink Level II Advanced $6,000 29,400 kWh (Capable of an output rating of 6.6+ kW) ($3,000 each) (14,700 kWh each) Facility Total: $6,000 29,400 kWh
TFCA Project 19EV021 Page 13
BAAQMD FYE 2019 TFCA Funding Agreement
Facility ID: 19EV021_F07
Facility Address: 1065 7ih Street, Richmond, CA 94801
Facility Type: Workplace
Equipment to be Installed:
Oty Description Max TFCA Award Usage Requirement
Single-port Level 2 (high) Blink Level II Advanced $6,000 29,400 kWh (Capable of an output rating of 6.6+ KW) ($3,000 each) (14,700 kWh each) Facility Total: $6,000 29,400 kWh
TFCA Proiect 19EV021 Page 14
BAAQMD FYE 2019 TFCA Funding Agreement
ATTACHMENT B
PROJECT BUDGET AND PAYMENT PROCESS
(Note: The section numbers. shown in parentheses below refer to sections in the Agreement.)
1. Total Project Cost (Section II:2): $204,799.
The Total Project Cost is the sum of the Eligible Costs that are listed in Section 4 of Attachment B.
2. Matching Funds (Sections II.2, 3): The Project Sponsor is responsible for all project costs that are not covered by the TFCA Funds Awarded.
3. TFCA Funds Awarded (Sections IT.2, II.11, III.1, IV.7): The Air District will provide TFCA Program funds for this Project in an amount not to exceed $55,500 or 75% of the actual total project cost, whichever is lower. If the Project Sponsor modifies or reduces the scope of the project, the Air District will recalculate the TFCA Funds Awarded based on the Base Funding and Plus-Up funding as described in the "Application Guidance for Charge! Grant Program for FYE 2019", dated October 25, 2018, not to exceed a maximum of 75% of the actual total cost for the project:
Attachment A, Table 1 shows how TFCA Funds Awarded are distributed to the project.
The Air District shall cancel this Agreement if the Project is implemented in any way such that the TFCA Funds Awarded is reduced to below $10,000.
If this Agreement is terminated pursuant to Section IV.7. of this Agreement, the Air District will calculate the final TFCA Funds Awarded, which is the amount of funds to which the Project Spönsor is entitled, by multiplying the amount of TFCA Funds Awarded by the ratio of the actual usage requirement completed, which is the total energy delivered by the project equipment in kWh at the time of the effective date of termination, to the required usage requirement in kWh for the Project Operational Period:
Final TFCA Funds Awarded =
actual energy in kWh delivered
TFCA Funds Awarded X the required usage requirement in kWh for the Project Operation Period)
4. Eligible Costs: Eligible Costs may only be incurred on or after the Effective Date of this Agreement and prior to the date all funded equipment is installed and placed into service, and must be directly and solely related to the implementation (site preparation, installation and construction) of the Project.
For the purposes of determining eligibility of Project costs, the date for équipment costs incurred shall be the date the Project Sponsor submits a signed purchase order or other document that commits the order, and for direct labor costs incurred shäll be the date such services were rendered.
Eligible Costs include:
A. Costs for the purchase of equipment and material(s) (i.e., charging station hardware, electrical panels, transformers and other materials) including tax, and shipping fees; B. Equipment rental costs (i.e., dump truck, concrete road paver, and other equipment) including tax, and shipping fees;.
C. Documented labor charges (salaries, wages, and benefits); D. Contractor labor charges; and
E. Permit fees.
Costs that are not included in the list above are not Eligible Costs, for example:
A. Costs related to maintenance, repairs, rehabilitation, or upgrades; B. Costs related to any other work performed or equipment purchased that is not required for the Project.
BAAQMD FYE 2019 TFCA Funding Agreement
C. Operating costs (e.g, salaries after the Project is open for public use; ongoing training/support, advertising, and rent/leases);
D. Planning activities or feasibility studies; and
E. Indirect and administrative costs.
Invoice and Payment Schedule (Section IIT.2): The Project Sponsor shall submit a single invoice (Final Invoice) along with the Expenditure Report as specified in Attachment C.
The Final Invoice shall be prepared on the Air District's General Invoice Form and shall include:
A.. The Project Number;
B. An itemized list of all expenses incurred by the Project Sponsor, specifying which are Eligible Costs and dates labor was performed and equipment was purchased; C. The total funds being requested;
D. Supporting documentation of Project Sponsor's payments made for goods and services incurred, such as copies of receipts for services paid; invoices from vendors, consultants, ot contractors, with an explanation of the goods or services provided for the Project; and time sheets documenting hourly labor costs incurred.
The Air District will not process any invoice until all current Project obligations are fulfilled.
The Air District shall retain fifteen percent (15%) of the final TFCA Funds Awarded until the project has fulfilled its usage and operational réquirements and the Final Report has been received and approved by the Air District.
BAAQMD FYE 2019 TFCA Funding Agreement
ATTACHMENT C
MONITORING OF PROJECT PERFORMANCE
(Note: The section numbers shown in parentheses below refer to sections in the Funding Agreement.) Semi-annual Reports (Section II.6): The Project Sponsor shall submit Semi-annual Reports to the Air District summarizing Project progress. Semi-annual. Reports shall be prepared on the Air District's Semi- annual Report form.
Due Dates: Beginning sixty (60) calendar days after the Effective Date, every April 15 and October 15. until the Expenditure Report has been submitted.
2. Expenditure Report (Sections II.6, II.8): The Project Sponsor shall submit Expenditure Report to the Air District. Expenditure Report shall be prepared on the Air District's Expenditure Report form.
Due Date: By February 1, 2021 and following the start of the Project Operational Period:
The Expenditure Report shall include the following information:
A. A table that shows the address of each approved Facility and the following information for each of the TFCA-funded chargers by Facility: date construction was completed; date charger was placed into service; dates and time charger is open for use by the public (e.g., employees, residents); and the pricing structure ($ per kWh, flat fee per use, etc.).
B. A discussion of any pertinent issues.or problems experienced with the project to date.
C. Documentation that the Project Sponsor has acknowledged the Air District as a Project funding source, such as photographs of the charging stations) with Air District logos attached; documentation of use of the Air District's logo on promotional materials, brochures, handbooks, and maps that promote or inform the public about the Project services; and copies of press releases. and newsletter articles related to the Project (Section II.8).
D. A statement confirming that information about the funded stations have submitted and are listed on the US Department of Energy's Alternative Fuel Data Center.
3.. Annual Reports (Sections II.G): Annual Reports shall be prepared on the Air District's Annual Report form.
Due Dates: By March 1, 2021, March 1, 2022 and March 1, 2023 Each Annual Report shall cover a 12 month period (from January 1 to December 31) and include the . following information for each charger (the first and last report may cover a shorter or longer period):
A. For each month, the amount of electricity in kWh dispensed B. 'A discussion of any pertinent issues or problems that arose during the charging station(s)'s operation (e.g., repairs, downtime).
C. Á discussion of any work that has been performed to the Station(s) (e.g., maintenance, repair), as well as any expansion or upgrade plans.
D. The actual number of days that each charger was operating.
E. The pricing structure (per kWh, flat fee per use) on a charger basis.
4. Final Report (Sections I1.6): The Project Sponsor shall submit the Final Report to the Air District. The Final Report shall be prepared on the Air District's Final Report form and shall include the same information listed above under Annual Reports and must be received by the Air District by January 30, 2024 and following the end of the Project Operational Period.
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BAAQMD FYE 2019 TFCA Funding Agreement
ATTACHMENT D
INSURANCE REQUIREMENTS
Verification of Coverage
Project Sponsor shall provide, and require any sub-awardee to provide, the Air District certificates and/or other evidence of the insurance coverage required below. The Air District reserves the right to require Project Sponsor to provide complete; certified copies of any insurance offered in compliance with these specifications.
Certificates, policies and other evidence provided shall specify that the Air District shall receive thirty (30) calendar days advanced notice of cancellation from the insurers.
The Project Sponsor may submit evidence that listed insurance is not required for the Project.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. The Air District may, at its sole discrețion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.
Minimum Scope of Insurance
Throughout the Project Operational Period, Project Sponsor shall obtain and maintain in full force and effect the insurance as set forth below, and shall require any third party to obtain and maintain in full force and effect the insurance as set forth below. Project Sponsor must initial next to each checked insurance requirement to confirm understanding and Agreement with the applicable Project insurance requirements:
Required
1. Liability Insurance
if marked
Corporations/Private and Public Entities - a limit of not less than $1,000,000 per occurrence. Such Initial insurance shall be of the type usual and customary. to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.
Single Vehicle Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the Initial
vehicles, engines or equipment operated by the Project Sponsor.
Property Insurance
Repower and New Vehicle/Equipment Purchase - in an amount of not less than the insurable value Initial of Project Sponsor's vehicles, engines or equipment funded under the Agreement of which this 'Attachment is a part, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.
Property Insurance for Retrofit Projects - for all 2003 model year or newer vehicles in an amount of not less than the insurable value of Project Sponsor's vehicles, covering all risks of loss, damage or destruction of such vehicles, engines or equipment.
Workers Compensation Insurance.
Workers Compensation Insurance - as required by California law and employers' liability insurance Initial with a limit not less than $1 million.
TECA Proiect 19EV021 Page 19
BAAQMD FYE 2019 TFCA Funding Agreement
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Dora 70
City of
HUMAN RESOURCES MANAGEMENT DEPARTMENT
RISK MANAGEMENT DIVISION
November 20, 2019
To Whom It May Concern:
The City of Richmond is self-insured for its General Liability program. (including automotive and professional liability coverages) with a self-insured retention of $500,000 per occurrence. The City is fully funded for this exposure and retains sufficient funding to pay liability claims. The City participates in a Joint Powers Authority for coverage above the $500,000 self-insured retention.
The City is self-insured for property coverage.
Additionally, The City of Richmond is permissibly self-insured for Workers' Compensation in accordance with Certificate of Consent to Self-Insure, Number 7154, issued by the State of California, Department of Industrial Relations.
Please contact the undersigned should further information be required.
Sincerely,
Digitally signed by Kimberly J. Greer
DN: cn=Kimberly J. Greer, o=City of
Richmond, ou=Risk Manager,
Heriting Shur
[email protected],
C-US
Date: 2019.11.20 09:49;06-08'00'
Kimberly J. Greer
Risk Manager
(510) 620-6605
450 CIVIC CENTER PLAZA, SUITE 310, P.O. BOX 4046, RICHMOND, CA 94804 Office: (510) 620-6810 Fax: (510) 620-6811
CHARGE! 2019 RICHMOND FACILITIES INOLE VALLEY RO
• City Boundaries PINOLE
Milles PARK
Proposed Site
2 - Hilltop
Fire Station 6 - May Valley
Fire Station #63
BROOKSİDE DR.
KO alc
LURCHING
MARKET:
13TH ST
BARRETT AVE
BLAD BÁRRETT NYO
AVE:
MACDONALD AVE WILDCAT CANYON ad.
GARRARD.! HARBOUR W 'REGIONAL PARK
REOUR WAY.S.L
A CUTTING BLVD CUTTING BLVD
1 - Richmond 3 - Bayview
Branch Library MOESER. TILDEN
Ferry Terminal BLVD
NATURE
STUDY AREA
- Marina Park
4 - Port of Richmond Parking Lot
TILDEN
Main Office REGIONAL
CENTRAL AVE PARK
November 15, 2019
BAY AREA 'Denée Evans
City of Richmond
AIR QUALITY 450 Civic Center Plaza
Richmond, CA 94804
MANAGEMENT
DISTRICT Re: Notice of Proposed Award for Transportation Fund for Clean Air FYE 2019 Charge!
ALAMEDA COUNTY
John J. Bauters
• Pauline Russo Cutter Dear Ms. Evans,
Scott Haggerty
Nate Miley Congratulations! We are writing to notify you that the Bay Atea Air Quality CONTRA COSTA COUNTY Management District (Air District) has completed a review of the City of John Giola
Richmond's application to the Charge! Program and is awarding Transportation David Hudson
. Karen Mitchoff Fund for Clean Air (TFCA) funds for the project detailed below.
Mark Ross
MARIN COUNTY
• Katie Rice Project #19EV021
(Chair) City of Richmond's Electric Vehicle Charging Station Project NAPA COUNTY Number of Proposed Proposed
Brad Wagenknecht Facility # Facility Address
EV Chargers Award
SAN FRANCISCO COUNTY
Gordon Mar 19EV021 1453 Harbour Way 4 single-port Level 2 Tyrone Jue $12,000
F01 Richmond, CA 94804 (high)
(SF Mayor's Appointee)
Shamann Walton
19EV021 2904 Hilltop Mall Road '2 single-port Level 2
• SAN MATEO COUNTY Richmond, CA 94806 (high) $6,000
David J. Canepa F02
Carole Groom
Doug Kim 19EV021 5100 Harnett Avenue 2 single-port Level 2 $14,000 F03 Richmond, CA 94801 (high)
SANTA CLARA COUNTY
Margaret Abe-Koga
Cindy Chavez 19EV021_ 1322 Canal Blvd: 2 single-port Level 2• $6,000 (Secretary) F04 Richmond, CA 94804 (high)
Liz Kniss
Rod G. Sinks
19EV021 1340 Marina Way S 1 single-port Level 2
(Vice Chair) $5,500
F05 • Richmond, CA 94804 (low)
SOLANO COUNTY
James Spering 2 single-port Level 2
19EV021 5201; Valley View Road.
Lori Wilson $6,000
F06 Richmond, CA 94803 (high)
SONOMA COUNTY
Teresa Barrett
19EV021 1065 7* Street • 2 single-port Level 2
Shirlee Zane - $6,000
• F07 Richmond, CA 94801 (high)
Jack P. Broadbent Total Proposed
EXECUTIVE OFFICER/APCO $55,500
Award:
Connect with the
Bay Area Air District:
375 BEALE STREET • SAN FRANCISCO CALIFORNIA 94105 • 415.771.6000 • www.baaqmd.gov
The Air District is currently preparing a proposed Funding Agreement, which will be emailed to you within 30 days.
Please note that this letter is not the Notice to Proceed. The Notice to Proceed will be issued only after Funding Agreement has been fully executed (i.e., signed by both. the Air District and the Project Sponsor). Projects that commence (eg, pre-order equipment, begin construction) prior to receiving the Notice to Proceed will be disqualified from receiving grant funding.
We commend your efforts to help reduce air pollution. If you have any questions, please contact Mark Tang at [email protected] or (415) 749-4778:
Sincerely,
Ditty - !!!5.19
Derrick Tang
Acting Technology Implementation Officer
CC (cover): John Gioia, Supervisor of County of Contra Costa, 1* District David Hudson, Councilmember of City of San Ramon
Karen Mitchoff, Supervisor of County of Contra Costa, 4 District Mark Ross, Councilmember of City of Martinez, 2nd District
Facility 1
Ferry Terminal
1453 Harbour Way
4 Parallel on-street stalls
for 4 Blink SMART Stations
+ one operating Kiosk on
the sidewalk Google
Plus Up Consideration: Location is the ferry terminal and within 1 mile from Interstate 580 and/or transit parking? Facility 2
Hilltop Fire Station
2904 Hilltop Mall Road
Robert Miler Di
Plus Up Consideration - Regional transportation corridors (Richmond Parkway and Interstate 80) is less than one mile.
Facility 5- Marina Park
1340 Marina Way
Solar Arc Placement
(2-3 stalls needed)
Q Search this area Facility 6-
May Valley Fire
Station #63
5201 Valley View
2 Blink
Advance Units
CITY MANAGER'S OFFICE
May 14, 2019
Attn: Ranyee Chiang, Technology Implementation Officer COPY Technology Implementation Office
Bay Area Air Quality Management District
375 Beale Street, Suite 600, San Francisco, CA 94105
Dear Ms. Chiang,
T'authorize the enclosed grant application for the Charge! Program FYE 2019 to support the City:
of Richmond's goal of accelerating the deployment of plug-in electric vehicles. Denée Evans, Project Manager will be the day-to-day contact for the project.
The City of Richmond has been committed to installing charging stations at City-owned and operated facilities for public use. The City is now focused on encouraging privațe EV ownership by making charging easily accessible for the public, as well as phasing out internal combustion engines. The city will soon implement car sharing and ride sharing services throughout the city and utilizing battery operated vehicles. These efforts will require the acquisition and strategic unit placement of EV charging station infrastructure at key city facility locations to provide sufficient fueling resources, minimize EV tange anxiety and to "future proof" the city's energy resources to accommodate emergency preparedness for the green fleet vehicles and/or equipment:
The City of Richmond agrees to comply with all of the funding program and eligibility requirements contained in the Charge! Program Application Guidance. Through the enclosed Charge! Program grant application, we are applying for funds and have secured matching funds from the ECIA Transportation Budget to pay the balance of costs for the project to be completed We also agree to acquire and place the EV charging station(s) into service within nine months from the date a funding agreement is executed and to operate the station(s) until the usage requirements are met for a minimum of three years.
Thank you for considering our project for funding. Should you have any questions regarding the application, please contact Denée Evans, Project Manager by email at Dené[email protected] or by phone at (510) 621-1718.
Sincerely,
Carlos Martinez, City Manager
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Transportation Services, 450 Civic Center Plaza, Richmond, CA 94804-1630 Telephone: (510) 621-1718 Fax: (510) 620-6542 www.ci.richmond.ca.us