Section 18. ADDITIONAL INSURED
Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability , shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.
Section 19. WAIVER OF SUBROGATION RIGHTS
Consultant shall require the carriers of all required insurance policies , to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED
ENDORSEMENTS
a. Consultant shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the City Clerk certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.
d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term (and during the Option Period, if applicable), of this Agreement.
10 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056 e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”
Section 21. TERMINATION OR SUSPENSION
a. This Agreement may be terminated by the City if sufficient funds are not appropriated or otherwise legally available to pay the compensation set out in Section 3, provided that the City provides Consultant at least thirty (30) days advance written notice of such termination by reason of non -appropriation or non-availability of funds . In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least thirty (30) days advance written notice of s uch termination or suspension and the Party not initiating the termination fails to cure the default which is the cause of such termination within such thirty (30) days as further detailed in Section 43 of this Agreement . In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees. b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed l andscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. 11 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056 (1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement. (2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this re ference.
Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees. c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
e. The Parties expressly agree that the Indemnity requirements specified in this Section 23 shall prevail and govern in the event of any conflict with the provisions of Exhibit F of NPPGov Contract No. PS24040, and in no event shall the damage cap stated in Section 7.2 of said Exhibit F apply to any of Consultant’s indemnity obligations in this Section.
Section 24. REPORTS
Upon request by Tony Camargo, Deputy City Manager, or his designee, or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.
Section 25. RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Tony Camargo, Deputy City Manager, or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
12 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056 c. Tony Camargo, Deputy City Manager , or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Tony Camargo, Deputy City Manager, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.
Section 26. PUBLIC RECORDS ACT
Consultant acknowledges that the City is a public agency subject to the California Public Records Act, Cal. Gov. Code § 7920.000 et seq., (the “CPRA”). As such, this Agreement and all records related to its formation, Consultant’s performance of Services, and City's payment are public records subject to disclosure upon request, unless a specific exemption in the CPRA applies. If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” identify the specific lines containing the information , and specify the CPRA section(s) supporting its claim of exemption. In the event of a request for such information, the City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, Consultant must obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in San Bernardino County before the City is required to respo nd to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it shall defend, indemnify, and hold the City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant. The Parties agree that the provisions of this Section, and those of Section 27 below, shall supersede those in Section 5 of Exhibit F of NPPGov Contract No. PS24040.
Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Tony Camargo, Deputy City Manager , or his designee, or as required by applicable law.
c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Tony Camargo, Deputy City Manager, or his designee, or as required by applicable law. 13 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056 d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services specific to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by Tony Camargo, Deputy City Manager, or his designee. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant shall only be permitted to make public announcements of information related to this Agreement with the prior written consent of Tony Camargo, Deputy City Manager, or his designee.
f. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.
Section 28. PRINCIPAL REPRESENTATIVES
a. Manoj Mohan, Chief Growth Officer , is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Tony Camargo, Deputy City Manager , or his designee , shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.
Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of Victorville Drone as First Responder Program, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.
Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement 14 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056 acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
Section 31. AMBIGUITIES
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted agains t either of them.
Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.
Notwithstanding the foregoing, the Parties agree that Exhibit “A” and Exhibit “B” are attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Agreement and Exhibit “A” or Exhibit “B”, the terms of this Agreement shall control and nothing set forth in Exhibit “A” or Exhibit “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.
Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addr essed to the Parties as follows:
To the City:
To Provider:
Tony Camargo, Deputy City Manager
City Managers Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392
Manoj Mohan, Chief Growth Officer
BRINC Drones, Inc.
3668 Albion Pl N
Seattle, WA 98103
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. 15 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056 Section 33. NON-LIABILITY OF CITY OFFICERS AND
EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.
Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.
Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
16 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056 Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.
Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 43. DEFAULT
a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within thirty (30) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.
b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default by any Party to this Agreement may remain uncured for more than thirty (30) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings or by terminating this Agreement as set forth in Section 21.b. 17 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056 Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or f orum in San Bernardino County, California.
Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING
AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.
Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE)
18 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.
THE CITY OF VICTORVILLE BRINC DRONES, INC.
By: ______________________________ By: _____________________________ Elizabeth Becerra, Manoj Mohan,
Mayor Chief Growth Officer
Dated: ___________________________ Dated: __________________________ ATTEST
By: ______________________________
Jennifer Thompson,
City Clerk
Dated: ___________________________
APPROVED AS TO STANDARD FORM:
By: ______________________________
Andre de Bortnowsky,
City Attorney
Dated: ___________________________
By: ______________________________
Sandra Bostick,
Risk Manager
Dated: ___________________________
P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES\BRINC DRONES INC\300.4-BRINC PL DRAFT AGREE CITY (LS) DRAFT 10.01.25 TLT ADDIT REV.DOCX 19 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056
EXHIBIT A
SCOPE OF SERVICES
Scope of Services for Drone as First Responder (DFR)
BRINC DFR Program
Prepared for: City of Victorville
Prepared by: BRINC Drones, Inc.
Date: 9/15/2025
1. Hardware
Objective:
To provide and deploy the necessary hardware components required for the successful operation of the DFR program.
Deliverables:
1. 3x Responder Stations
○ Complete, pre-configured responder stations equipped for operation in various environments.
○ Each station will include necessary peripherals (e.g., monitors, control systems, communication tools, etc.).
2. 3x Responder Drones
○ Three (3) Responder Drones for deployment in patrol/DFR operations. ○ Each drone will be fully equipped with necessary communication systems, GPS, and operational tools.
○ Drones will be configured for rapid response and tactical operations.
3. 1x Lemur 2 Tactical Drone
○ One (1) Lemur 2 Drone designed for tactical missions. ○ This drone will serve as a specialized platform for advanced interior/close quarters operations.
4. Hardware Upgrades
○ Every two years from contract start date BRINC will provide a full hardware refresh for 3x Responder and 1x Lemur airframes. Refresh of Responder Stations if required for new Responder airframe.
2. Software
Objective:
To deploy and integrate the Live Operations (LiveOps) software to support DFR, enable teleoperations, enhance operational efficiency, and improve tactical capabilities.
Deliverables:
1. LiveOps DFR
○ Deployment and integration of LiveOps DFR software.
○ This software will provide live data feeds, real-time monitoring, and two way communications functionality.
○ Installation, configuration, and testing of LiveOps DFR on all Responder hardware systems.
2. LiveOps Tactical
○ Deployment and integration of LiveOps Tactical software to enhance tactical planning, communication, and coordination with Lemur 2
○ Full system configuration, integration, and validation with hardware.
3. Training
Objective:
To ensure all personnel are proficient in the operation and management of the new hardware and software systems.
Deliverables:
1. On-Site Training
○ Comprehensive, hands-on training sessions for all hardware and software components.
○ Training will cover:
■ Hardware operation (Basic Ground School - Responder Stations, Drones, Lemur 2 Tactical Drone)
■ Software navigation and functionality (LiveOps DFR, LiveOps Tactical) ■ Operational best practices and safety protocols.
■ Train-the-Trainer Course
2. Training Materials
○ Provide user manuals, operation guides, and troubleshooting resources. ○ Digital and printed materials for all personnel undergoing training.
4. Project Management & Installation
Objective:
To ensure a smooth and efficient deployment of all hardware and software, with full operational readiness upon installation.
Deliverables:
1. Physical Site Survey
○ Conduct a detailed Physical Site Survey to assess installation locations for responder stations and RF Infrastructure.
○ This includes identifying optimal placement for equipment, ensuring necessary space, power, and network connectivity.
2. RF Site Survey
○ Perform an RF Site Survey to evaluate the necessary communication infrastructure for drone operations.
○ Identify potential interference issues and configure communication channels for optimal performance.
3. Station Installation and Validation
○ Full installation of the Responder Stations on-site, ensuring proper connectivity, functionality, and integration with all relevant systems. ○ Validation of installation to ensure all hardware and software are fully operational.
5. Regulatory/Waiver Support
Objective:
To ensure all necessary regulatory compliance and waivers are in place for operating drones, especially in sensitive or restricted airspace.
Deliverables:
1. Waiver and Regulatory Support
○ Provide guidance and support for obtaining necessary regulatory waivers, including BVLOS (Beyond Visual Line of Sight) operations. ○ Assist with the submission of regulatory documents, ensuring compliance with FAA regulations and local laws.
○ This includes supporting the waiver for BVLOS without a Visual Observer (VO) and ensuring that all drone operations are legally authorized.
6. BRINC Support Program
Objective:
To provide long-term support and service for all hardware and drones to ensure continued operational effectiveness.
Deliverables:
1. No Questions Asked Repair/Replacement
○ No questions asked repair or replacement on all airframes for drones, ensuring minimal downtime for operations.
○ Repairs and replacements will be provided at no additional cost, with a limit of one camera replacement per year for Responder Drones; manufacturer defects will be rectified by BRINC at no additional cost to the Agency.
2. BRINC Loaner Program
○ In case of repairs or replacements, a loaner program will provide temporary replacement drones to ensure continuity of operations during downtime. 20 Consultant/Professional Services Provider Agreement/BRINC Drones, Inc./Project ESC26-056
EXHIBIT B
CONSULTANT’S QUOTE/
COST PROPOSAL
Victorville DFR - Victorville Police
Department
City of Victorville
14343 Civic Dr
Victorville, CA 92392
United States
Reference: 20250423-215502950
Quote created: April 23, 2025
Quote expires: December 31, 2025
Quote created by: Joe Schmidt
Sr. Territory Sales Executive
[email protected]
+15035518494
Any applicable taxes the agency owes will be added when invoicing if they are not included in this quote. If the agency is tax-exempt, please provide documentation to your BRINC Drones point of contact.
This quote is governed by the terms and conditions in NPPGov contract number PS24040.
Item & Description Quantity & Total
Year 1 - Victorville Drone as First Responder Program 1 x $254,997.45
3x Responder w/ Station DFR
1x Lemur 2
LiveOps DFR
LiveOps Tactical
Inclusive of parachute attachments
RF Infrastructure
BRINC Support Program:
No questions asked repairs/replacements on all airframes.
Limit 1x camera replacement per year for Responder. (manufacturer-related camera de‐ fects will be rectified by BRINC.)
Installation and Maintenance on Station included
Waiver and Regulatory Support to include Shielded BVLOS Waiver $299,997.00
after 15% discount
Item & Description Quantity & Total
Year 2 - Victorville Drone as First Responder Program 1 x $254,997.45
Year 3 - Victorville Drone as First Responder Program 1 x $254,997.45
One-time subtotal $764,992.35
Sales Tax $66,936.83
8.75% tax
Total $831,929.18
Total contract value $831,929.18
Purchase Terms and Bundle Details
L i v e O p s D F R
L i v e O p s T a c t i c a l
B R I N C S u p p o r t P r o g r a m :
N o q u e s t i o n s a s k e d r e p a i r s / r e p l a c e m e n t s o n a l l a i r f r a m e s L i m i t 1 x c a m e r a r e p l a c e m e n t p e r y e a r $299,997.00
a f t e r 1 5 % d i s c o u n t
H a r d w a r e r e f r e s h f o r 3 x R e s p o n d e r , 1 x L e m u r 2 R e f r e s h o f R e s p o n d e r S t a t i o n s i f r e q u i r e d f o r n e w R e s p o n d e r a i r f r a m e s L i v e O p s D F R
L i v e O p s T a c t i c a l
I n c l u s i v e o f p a r a c h u t e a t t a c h m e n t s B R I N C S u p p o r t P r o g r a m :
N o q u e s t i o n s a s k e d r e p a i r s / r e p l a c e m e n t s o n a l l a i r f r a m e s .
L i m i t 1 x c a m e r a r e p l a c e m e n t p e r y e a r f o r R e s p o n d e r . ( m a n u f a c t u r e r - r e l a t e d c a m e r a d e ‐ f e c t s w i l l b e r e c t i fi e d b y B R I N C . ) I n s t a l l a t i o n a n d M a i n t e n a n c e o n S t a t i o n i n c l u d e d $299,997.00
a f t e r 1 5 % d i s c o u n t
a f t e r $ 1 3 4 , 9 9 8 . 6 5 d i s c o u n t
Signature
Signature Date
Printed name
Countersignature
Countersignature Date
Printed name
Questions? Contact me
Joe Schmidt
Sr. Territory Sales Executive
[email protected]
+15035518494
BRINC
3668 Albion Pl N
Seattle, WA 98103
United States
ATTACHMENT C
Phase I
PD
FD STA 311
FD STA 312
ATTACHMENT D
Contract Number: PS24040
LEAGUE OF OREGON CITIES
MASTER PRICE AGREEMENT
This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and BRINC DRONES, INC. (“Vendor”).
RECITALS
WHEREAS, the Vendor is in the business of selling certain Unmanned and Remotely Operated Vehicle Systems or Drones, as further described herein; and
WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and
WHEREAS, through a solicitation for Unmanned and Remotely Operated Vehicle Systems or Drones the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2355 for Unmanned and Remotely Operated Vehicle Systems or Drones; and
WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and
WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov;
NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:
ARTICLE 1 – CERTAIN DEFINITIONS
1.1 “Agreement” shall mean this Master Price Agreem ent, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2355 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).
1.2 “Applicable Law(s)” shall mean all applicable federal, state, tribal, and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.
1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state, tribal or local law.
1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.
1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.
1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.
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1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.
1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.
The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.
1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.
1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein.
For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.
1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.
ARTICLE 2 – AGREEMENT TO SELL
2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.
2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.
2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements.
2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.
2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority:
(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;
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Vendor has provided a list of Exceptions to the RFP Solicitation identified in Vendor’s Proposal.
Vendor’s Exception is approved and by this reference incorporated herein.
2.6 Extension of contract terms to Participating Agencies:
2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder.
Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.
2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agenc ies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local, tribal, and state solicitation requirements.
2.6.3 Vendor acknowledges execution of the Vendor Ad ministration Fee Agreement, Contract Number VA24040, with NPPGov, pursuant to the terms of the RFP.
2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.
See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.
ARTICLE 3 – TERM AND TERMINATION
3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.
3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.
ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY
4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase.
Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.
4.2 Vendor shall submit original invoices to Purc haser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other
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information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.
4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.
Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.
4.4 Except as specifically set forth on Attachment s A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).
4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.
4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing.
4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.
4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser.
Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination.
ARTICLE 5 – INSURANCE
5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS REQUIREMENT
AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.
5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self- insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages
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are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.
5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.
ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS
6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.
6.2 LIMITATION OF LIABILITY: IN NO EVEN T SHALL EITHER PARTY BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR
REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.
ARTICLE 7 – WARRANTIES
Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.
ARTICLE 8 - INSPECTION AND REJECTION
8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.
8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either
Contract Number: PS24040
to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.
8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.
ARTICLE 9 – SUBSTITUTIONS
Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.
ARTICLE 10 - COMPLIANCE WITH LAWS
10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder.
At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.
10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.
ARTICLE 11 – PUBLICITY / CONFIDENTIALITY
11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.
11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.
ARTICLE 12 - RIGHT TO AUDIT
Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor will only be required to provide information regarding purchases directly attributable to this Agreement. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.
ARTICLE 13 - REMEDIES
Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and
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remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.
ARTICLE 14 - RELATIONSHIP OF PARTIES
Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.
ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:
If to Lead Contracting Agency:
LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Kevin Toon
Email: [email protected]
If to Vendor:
BRINC Drones, Inc.
1055 N. 38th St
Seattle, WA 98103
ATTN: Nolan Sieger
Email: [email protected]
Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.
ARTICLE 16 - FORCE MAJEURE
Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.
ARTICLE 17 - WAIVER
No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid
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unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.
ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.
ARTICLE 19 - SEVERABILITY
To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.
ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT
20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.
20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.
ARTICLE 21 - HEADINGS
Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.
ARTICLE 22 - MODIFICATIONS
This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.
ARTICLE 23 - GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions.
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ARTICLE 24 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below.
PURCHASER:
Signature: ____________________________________
Printed Name:
Title: ____________________________________________
LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:
Signature: ______________________________
Printed Name:
Title: _____________________________
BRINC DRONES, INC.
Dated: ____________________________
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Contract Number: PS24040
ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
UNMANNED AND REMOTELY OPERATED VEHICLE SYSTEMS OR DRONES Product Category Percentage (%) off
List Price*
(OR fixed price if % off
pricing is not available)
AERIAL VEHICLES OR DRONES 2.5% off List Price
SURFACE & SUBSURFACE LAND BASED VEHICLES AND DRONES 2.5% off List Price SURFACE & SUBSURFACE WATER BASED VEHICLES AND DRONES 2.5% off List Price
TECHNOLOGY, SOFTWARE, ACCESSORIES, ATTACHMENTS,
TRAINING, CERTIFICATION, LICENSURE, AND SERVICES 2.5% off List Price OTHER 2.5% off List Price
Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.
Contract Number: PS24040
ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL SELLER WARRANTIES
To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.
Contract Number: PS24040
ATTACHMENT C
to Master Price Agreement by and between VENDOR and PURCHASER.
PARTICIPATING AGENCIES
The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.
Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.
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ATTACHMENT D
to Master Price Agreement by and between VENDOR and PURCHASER.
Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.)
Contract Number: PS24040
ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.
Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.)
Contract Number: PS24040
ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.
MASTER SERVICES AND PURCHASING AGREEMENT
This Master Services and Purchasing Agreement (“ Agreement”) is between BRINC Drones, Inc., a Delaware corporation (“BRINC”), and the agency listed in the signature block or, if no agency is listed, the agency executing an Order Form that refe rences this Agreement (“Agency”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signatur e date on the Order Form referencing this Agreement (“Effective Date”). This Agreement will govern future purchase s by Agency for the same BRINC Devices and Services in the Order Form.
The Parties agree as follows:
1. Definitions
In addition to capitalized terms defined elsewhere in this Agreement, these following terms have the following meanings:
1.1. “BRINC Live Operations” means BRINC’s streaming services for BRINC data streaming and interactions between BRINC Devices and/or BRINC client software.
1.2. “BRINC Device” means all hardware provided by BRINC under this Agreement.
1.3. “Documentation” means specifications, user manuals, warnings, and other materials relating to the BRINC Devices or Services provided or made available by BRINC to Agency, as may be modified by BRINC from time to time.
1.4. “Fees” means the fees payable by Agency as set forth in an Order Form.
1.5. “Order Form” means each written order specifying the BRINC Devices and Services to be provided under this Agreement and applicable Fees, that is entered into between Agency and BRINC.
1.6. “Services” means all services provided by BRINC under this Agreement, including software, BRINC Live Operations, and professional services.
1.7. “Subscription Term” means the period specified in an Order Form during which Agency will have access to the Services.
1.8. “Third-Party Services” means separate hardware, services, or applications procured by Agency from a party other than BRINC that can be used in connection with the Services.
2. Term and Termination
2.1. Term. This Agreement begins on the Effective Date and continues as long as any Order Form remains in effect (“Term”). BRINC will not authorize services until BRINC receives a signed Order Form or accepts a purchase order, whichever is first.
2.2. Term of Order Forms. Unless otherwise stated in the applicable Order Form, (a) the initial Subscription Term of each Order Form begins on the effective date of such Order Form and continue for the Subscription Term stated in the Order Form; and (b) the Subscription Term will automatically renew for a Subscription Term equivalent to the initial Subscription Term, unless either party provides the other party with written notice of non-renewal at least 30 days before the end of the then-current Subscription Term.
2.3. T ermination for Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to BRINC’s uncured breach, BRINC will refund prepaid amounts on a prorated basis based on the effective date of termination.
2.4. T ermination by Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.
2.5. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all Fees incurred before the effective date of termination. If Agency purchases BRINC Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, BRINC will invoice Agency the difference between the MSRP for BRINC Devices received, including any spare BRINC Devices, and amounts paid towards those BRINC Devices. Only if terminating for non- appropriation, Agency may return BRINC Devices to BRINC within 30 days of termination. MSRP is the standalone price of the individual BRINC Device at the time of sale.
For bundled BRINC Devices, MSRP is the standalone price of all individual components.
2.6. S urvival. The sections titled “Effect of Termination,” “Survival,” “Fees, Payment, and Shipping,” “Confidentiality,” “Disclaimers,” “Proprietary Rights,” “IP Indemnification,” “Limitation of Liability,” and “Miscellaneous” will survive any termination or expiration of this Agreement.
3. Fees, Payment, and Shipping
3.1. Fees. Unless otherwise stated in the relevant Order Form, BRINC will invoice Agency upon shipment of the BRINC Devices in the Order Form, and payment is due within 30 days from the invoice date. For all Subscription Fees, BRINC will invoice Agency annually on the anniversary of the initial invoice. Payment obligations are non-cancelable. Unless otherwise stated in an Order Form, BRINC may increase the Fees upon renewal of each Order Form Subscription Term by providing written notice to Agency at least 45 days before the commencement of the applicable renewal Subscription Term.
3.2. L ate Payments. If BRINC does not receive any invoiced amount by the invoice due date, then without limiting BRINC’s rights or remedies, BRINC may, unless prohibited by law, charge Agency late interest fees at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law, plus all expenses of collection, including reasonable attorneys’ fees.
3.3. Payment Disputes. BRINC will not exercise its rights under the “Late Payments” section above if Agency disputes the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute.
3.4. Taxes. Agency is responsible for sales and ot her taxes associated with the order unless Agency provides BRINC a valid tax exemption certificate.
3.5. Refunds. All sales are final. BRINC does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. Agency will pay invoices without setoff, deduction, or withholding.
3.6. Shipping. BRINC may make partial shipme nts and ship BRINC Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon BRINC’s delivery to the common carrier. Agency will pay any shipping charges in the Order Form. Changes in the estimated ship date may change charges in the Order Form. Shipping dates are estimates only. BRINC is not responsible for typographical errors in any offer by BRINC, and BRINC may cancel any orders resulting from such errors. Orders are subject to prior credit approval.
4. Hardware Warranties and Disclaimers
4.1. Hardware Warranty. BRINC warrants that BRIN C manufactured Devices are free from defects in workmanship and materials for one year from the date of Agency’s receipt. For BRINC manufactured Devices purchased by Agency under the BRINC Support Program, BRINC warrants such BRINC Devices are free from defects in workmanship and materials from the date of Agency’s receipt for the duration of the BRINC Support Program term.
4.2. Disclaimers. Except as expressly provided herein, BRINC provides all software and Services "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Third-Party Services are not covered by BRINC’s warranty and are only subject to the warranties of the third-party provider or manufacturer.
4.3. C laims. If BRINC receives a valid warranty claim for a BRINC manufactured Device during the warranty term, BRINC’s sole responsibility is to repair or replace such Device with the same or like BRINC manufactured Device, at BRINC’s option. A replacement BRINC- Manufactured Device will be new or like new. The warranty of the replacement BRINC manufactured Device will be the longer of (a) the remaining warranty of the original BRINC manufactured Device or (b) 90-days from the date of repair or replacement.
4.4. Exclusions. BRINC’s warranty excludes damage related to: (a) failure to follow BRINC Device use instructions; (b) BRINC Devices used with equipment not manufactured or recommended by BRINC; (c) abuse, misuse, or intentional damage to the BRINC Device; (d) force majeure; (e) BRINC Devices repaired or modified by persons other than BRINC without BRINC’s written permission; (f) BRINC Devices with a defaced or removed serial number; or (g) Agency’s failure to complete training from BRINC on operating a nd flying the BRINC Device prior to Agency’s use of the BRINC Device. BRINC’s warranty will be void if Agency resells BRINC Devices.
4.5. Replacement Device. If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes BRINC’s property. Before delivering a BRINC Device for service, Agency must download BRINC Device data and retain a copy.
BRINC is not responsible for any loss of software, data, or other information contained in storage media or any part of the BRINC Device sent to BRINC for service.
4.6. Spare BRINC Devices. At BRINC’s reasonab le discretion, BRINC may provide Agency a predetermined number of spare BRINC Devices. Spare BRINC Devices are intended to replace broken or non-functioning units while BRINC repairs or replaces the broken or non-functioning
units through the warranty return process. Title and risk of loss for all spare BRINC Devices shall pass to Agency as described in the “Shipping” section.
5. Confidentiality
5.1. Definition of Confidential Information. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. To the extent permissible by law, BRINC pricing is Confidential Information and competition sensitive.
5.2. Protection of Confidential Information. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information.
Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5 years thereafter.
5.3. Disclosure. Either party may disclose Confiden tial Information to the extent required by law, provided that the receiving party gives the disclosing party reasonable advance notice of such disclosure and cooperates with the disclosing party so the disclosing party may obtain appropriate treatment for such Confidential Information. If Agency receives a public records request to disclose BRINC Confidential Information, to the extent allowed by law, Agency will provide notice to BRINC before disclosure. BRINC may publicly announce information related to this Agreement.
6. Proprietary Rights
6.1. BRINC Device and Services. BRINC and its licensors own and reserve all right, title, and interest in BRINC Devices, Services, and Documentation, including all related intellectual property rights, underlying technology, derivative works, modifications, or improvements of any of the foregoing. No rights are granted to Agency hereunder other than as expressly stated herein.
6.2. F eedback. Agency hereby grants BRINC a perpetual, irrevocable, royalty-free and fully paid right to use and otherwise exploit in any manner any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by Agency related to the BRINC Devices or Services or other BRINC products or services.
7. Limitation of Liability
7.1. Exclusion of Certain Types of Damages. Except to the extent prohibited by law, neither party will have any liability arising out of or related to this Agreement for any indirect, exemplary, incidental, special, punitive, cover, business interruption, lost profit, or consequential damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party or has been advised of the possibility of such damages or if a party’s remedy otherwise fails of its essential purpose.
7.2. Liability Cap. Except for amounts payab le under BRINC’s intellectual property indemnification obligations under “IP Indemnification”, in no event will the aggregate total liability of either party arising out of or related to this Agreement exceed the purchase price paid to BRINC for the BRINC Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit Agency’ payment obligations under the “Fees and Payments” section above.
In the event Agency (i) modifies a BRINC Device, (ii) fails to operate a BRINC Device in accordance with BRINC’s warnings or guidelines, or (iii) is involved in an accident involving a BRINC Device, BRINC will have no liability to Agency for any damages.
8. IP Indemnification
8.1. Indemnification by BRINC. BRINC will inde mnify Agency against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of BRINC Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide BRINC with written notice of such claim, tender to BRINC the defense or settlement of such claim at BRINC’s expense and cooperate fully with BRINC in the defense or settlement of such claim. BRINC’s IP indemnification obligations do not apply to claims based on (a) modification of BRINC Devices or Services by Agency or a third-party not approved by BRINC; (b) use of BRINC Devices and Services in combination with hardware or services not approved by BRINC; (c) use of BRINC Devices and Services other than as permitted in this Agreement; or (d) use of BRINC software that is not the most current release provided by BRINC.
8.2. Sole and Exclusive Remedy. If BRINC rece ives information about an infringement or misappropriation claim related to BRINC Devices or Services, BRINC may and at no cost to Agency: (i) modify the BRINC Devices or Services so that they are no longer claimed to infringe or misappropriate; (ii) obtain a license for Agency’s continued use of the BRINC Devices or Services in accordance with this Agreement; or (iii) terminate Agency’s subscriptions for the BRINC Devices or Services upon 30 days’ written notice and refund Agency any prepaid fees covering the remainder of the subscription term of the terminated Services. This Indemnification section sets forth BRINC’s sole liability to, and the Agency’s exclusive remedy against, BRINC for the third-party claims described herein.
9. Additional Offerings; Changes to Offerings
9.1. Online Support Platforms. Use of BRINC’s onl ine support platforms (simulator) is governed by the BRINC Simulator Terms of Use Appendix.
9.2. New offerings. New devices and services may require additional terms.
9.3. Design Changes. BRINC may make design ch anges to any BRINC Device or Service without notifying Agency or making the same change to BRINC Devices and Services previously purchased by Agency. Any such design changes will not materially decrease the overall functionality of the Services or BRINC Devices.
9.4. Bundled Offerings. If Agency purchases a bundled offering from BRINC and (i) some offerings in the bundle are not currently available at the time of purchase, or (ii) Agency elects not to utilize any portion of the bundle, BRINC will not provide a refund, credit, or additional discount beyond what is in the Order Form.
10. Use of BRINC Devices and Services
10.1. Third-Party Software and Services. Agency may integrate BRINC Devices or Services with Third-Party Services. The terms and conditions governing Agency’s access, use, and exchange of data with Third-Party Services is solely between Agency and the Third-Party Services provider. BRINC does not endorse or support and is not responsible for Third-Party Services.
Agency is solely responsible and liable for its use of Third-Party Services. BRINC has no obligation to support any integration of Third-Party Services with the Services and may cease any integrations of Third-Party Services at any time.
10.2. Agency Responsibilities. Agency is responsi ble for (a) Agency’s use of BRINC Devices and Service, including ensuring that Agency and End Users adhere to all applicable laws and regulations applicable to the operation of unmanned aircraft system and that Agency and End Users operate BRINC Devices in accordance with the Documentation (b) breach of this
Agreement or violation of applicable law by Agency or an Agency end user; (c) a dispute between Agency and a third-party over Agency’s use of BRINC Devices; (d) ensuring BRINC Devices are destroyed and disposed of securely and sustainably at Agency’s cost; (e) any regulatory violations or fines, as a result of improper use, destruction, or disposal of BRINC Devices; and (f) ensuring no modifications are made to weaponize the BRINC Device.
10.3. Cloud Services. Agency may purchase cloud services from BRINC to utilize a SaaS based platform to store and manage footage captured from a BRINC Device (“Cloud Services”). Any data that Agency uploads to Cloud Services from a BRINC Device will be considered Agency Data. BRINC may collect and analyze information relating to Agency’s use of Cloud Services and BRINC Devices, including Agency Data, in connection with Agency’s use of Cloud Services. BRINC may use such information to develop and improve the Cloud Services and BRINC Devices and other BRINC offerings, but only in aggregate, anonymized form which cannot be readily linked to Agency or any specific entity or natural person (“Aggregated Anonymous Data”). For sake of clarity, Aggregated Anonymous Data is not Agency Data.
BRINC may utilize third-party cloud hosting providers to store Agency Data. If data is stored within BRINC’s cloud based partner ecosystem, such third party retains ultimate responsibility for the availability and integrity of Agency Data. BRINC will implement and maintain appropriate administrative, physical, and technical security measures designed to protect the security, confidentiality, and integrity of, and prevent the unauthorized disclosure of, Agency Data.
11. Donations and Beta Tests
11.1. Charitable Donations. Upon mutual agr eement between BRINC and Agency, BRINC may provide certain products and services to Agency, as a charitable donation. By accepting a charitable donation, Agency represents and warrants that it may do so under applicable law.
BRINC may publicly announce its participation in any such charitable donation and use Agency’s name in marketing materials. BRINC may terminate the charitable program without cause immediately upon notice to the Agency.
11.2. Free Trials and Beta Testing. BRINC may offe r optional free trial or beta access to BRINC Services or Devices. Use of free trials and betas is only for Agency’s internal evaluation during a 30-day period, unless otherwise specified in writing by BRINC. Either party may terminate Agency’s use of free trials and betas at any time for any reason.
11.3. Limitations. Trials and betas ma y be inoperable, incomplete, or include features never released.
Notwithstanding anything else in this Agreement, BRINC offers no warranty, indemnity, or support for free trials and betas or charitable donations, and its liability for such use will not exceed US$1,000.
12. Miscellaneous
12.1. Force Majeure. Except for Agen cy’s obligation to pay Fees owed, neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.
12.2. Independent Contractors. The Parties are in dependent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
12.3. Third-Party Beneficiaries. There are no th ird-party beneficiaries under this Agreement.
12.4. Cooperative Purchasing. To the extent legally allowed, Agency will permit other governmental agencies to utilize this Agreement under the same terms and conditions to purchase the same Services and BRINC Devices described in the Order Form.
12.5. Insurance. BRINC will maintain General Li ability and Workers’ Compensation insurance.
Upon request, BRINC will supply certificates of insurance.
12.6. Non-Discrimination. Neither Party nor its empl oyees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.
12.7. U.S. Government Restricted Rights. If Agency is a U.S. federal government department or agency or contracting on behalf of such department or agency, the Services are a “Commercial Product” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Services are licensed to Agency with only those rights as provided under the terms and conditions of this Agreement.
12.8. Export Compliance. Each Party will comply with all import and export control laws and regulations.
12.9. Anti-Bribery. Neither party has received or been offered any illegal or improper bribe, rebate, payoff, influence payment, kickback, or other thing of value from an employee or agent of the other party in connection with this Agreement.
12.10. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. BRINC may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns.
12.11. Waiver. No waiver or delay by either Pa rty in exercising any right under this Agreement constitutes a waiver of that right.
12.12. Severability. If a court of competent jurisdicti on holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.
12.13. Governing Law. The laws of the state where Agen cy is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
12.14. Notices. All notices required or permitted un der this Agreement must be in English and delivered in writing. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Agency shall be provided to the address on file with BRINC. Notices to BRINC shall be provided to BRINC Drones Inc, Inc., Attn:
Legal, 1055 N. 38th St. Seattle, WA 98103.
12.15. Entire Agreement. This Agreement, includin g any Order Form(s) or SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Any terms within the Agency's purchase order in response to an Order Form will be void.
12.16. Counterparts. If the parties sign this agreemen t in several counterparts, each will be deemed an original, but all counterparts together will constitute one instrument.
Agency BRINC Drones, Inc.
Signature _____________________________ Signature _____________________________ Name ________________________________ Name ________________________________ Title _________________________________ Title _____________ ____________________ Date _________________________________ Date _________________________________
Item Number: 14
City Council / Board of Directors
Written Communications
Meeting of: October 7, 2025
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Revised Purchase of a Rovver X/RXSAT 2.0 Main Line and Lateral Launch Inspection System with 2026 Ford E-450 Cutaway and 16-Foot Studio Build-Out Recommendation:
That the Honorable City Council:
(1) Rescind the February 18, 2025, approval for the purchase of an electric 2024 Ford E-Transit Cutaway Closed-Circuit Television (CCTV) inspection van in the amount of $504,912.18; and
(2) Authorize the purchase of a gas-powered 2026 Ford E-450 Cutaway CCTV inspection van, equipped with a Rovver X/RXSAT 2.0 Main Line and Lateral Launch Inspection System, from Haaker Equipment Company under Sourcewell Contract #120721-EVS, in an amount not to exceed $480,071.02.
Fiscal Impact:
Funds for this expenditure were originally budgeted in the FY 2024/25 Capital Improvement Plan under Sanitary/Sewer Fund 425, account code 4250700-55045- 70761, and have been rolled over into the FY 2025/26 budget. The total project budget is $510,000. The revised purchase cost of $480,071.02, which includes delivery and training, represents a savings of $24,841.16 compared to the previously approved electric configuration of $504,912.18.
Strategic Plan Goal:
Goal E – Invest in Infrastructure: Ensuring our community’s wellbeing and sustaining a healthy and livable community by investing in the necessary resources to maintain and improve the City’s infrastructure. The addition of the Rovver X/RXSAT 2.0 Main Line and Lateral Launch Inspection System will enhance our ability to efficiently inspect and manage the City’s sewer systems, to help ensure reliable sanitation infrastructure and reduce the likelihood of blockages and overflows.
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Background:
On February 18, 2025, the City Council awarded Haaker Equipment Company (Haaker), as the authorized distributor, the piggyback purchase of a Rovver X/RXSAT 2.0 Main Line and Lateral Launch Inspection System, which included a 2024 Ford E-Transit Cutaway vehicle with a custom 16-foot studio build-out, for an amount not to exceed $504,912.18, under Sourcewell Contract #120721-EVS. The purchase was intended to provide a second CCTV inspection van to support the City’s growing sewer infrastructure, which includes approximately 430 miles of mains, 120 miles of laterals and 31,217 connections, as included in the City’s recent sewer rate study 1. The additional unit was designed to ensure redundancy in the fleet, allowing staff to perform simultaneous inspections, reduce downtime risk, and respond to emergencies such as sanitary sewer overflows and storm- drain related street closures.
The E-Transit electric chassis was initially selected to help the City meet the California Air Resources Board (CARB) Zero-Emission Vehicle (ZEV) Milestone Group 1 targets, which require a percentage of fleet vehicles to be zero-emission by 2028. The configuration was modeled in part after an electric CCTV van used by the City of San Jacinto, which appeared to meet operational needs at the time staff sought Council’s approval.
Discussion:
Following Council’s approval on February 18, 2025, staff began working with Haaker and Envirosight, the manufacturer of the Rovver X/RXSAT 2.0 Main Line and Lateral Launch Inspection System, to finalize the vehicle specifications. During the design phase, Envirosight evaluated the proposed 2024 Ford E-Transit Cutaway chassis and determined that, with a gross vehicle weight rating (GVWR) of 9,500 pounds, the completed vehicle would be approximately 1,542 pounds over the allowable limit once the 16-foot studio build-out and inspection system were installed. The overweight condition, caused primarily by the electric vehicle’s battery system, would compromise safety, reduce capacity for tools and personnel, and make the configuration unfeasible.
Haaker confirmed that the electric chassis would not meet the operational and safety requirements necessary for daily use.
To address this issue, staff evaluated alternative configurations and identified a suitable solution: a 2026 Ford E-450 gas-powered cutaway chassis. This chassis will accommodate the same Rovver X/RXSAT 2.0 system and 16-foot studio build-out while meeting all weight, safety, and performance requirements. The proposed gas-powered configuration will be purchased through the same Sourcewell Contract #120721-EVS used for the original approval. This is in accordance with Victorville Municipal Code Section 2.28.120, which authorizes the City to utilize cooperative purchasing programs, ensuring compliance while securing competitive pricing. The total cost of the revised configuration is $480,071.02, which is $24,841.16 less than the electric configuration 1 City of Victorville, Sewer Rate Study – August 2023, Table 10 – Capital Improvement Program Cost, Project No. 24
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approved in February. The gas-powered build includes all the critical components required for the City’s sewer operations:
SAT system with lateral launch for inspecting both main lines and smaller lateral connections.
Onboard generator for uninterrupted operation of all inspection equipment. Heavy-duty lifting aid for safe handling and deployment of the robotic crawler. Sink with an 18-gallon water tank for sanitation and cleaning. Integrated tool storage to keep essential equipment and spare parts organized.
The electric configuration had been modeled in part after a CCTV van used by the City of San Jacinto. However, their sewer system is significantly smaller, with fewer miles of mains and laterals, which enables them to operate a lighter electric chassis without the added weight demands faced by the City. With over 430 miles of sewer mains and 120 miles of laterals totaling 31,217 connections, the City requires a more robust platform to carry the equipment necessary for daily inspections, preventative maintenance, and emergency response to sanitary sewer overflows and storm-drain related street closures.
In addition, Haaker confirmed that the San Jacinto configuration did not include several specifications required for the City’s operations, such as the SAT system with lateral launch, onboard generator, heavy-duty lifting aid, sink with an 18-gallon water tank, and integrated tool storage.
Although the revised purchase will not contribute toward the City’s zero-emission vehicle targets, the vehicle may qualify for a temporary exemption under the California Air Resources Board’s (CARB) Advanced Clean Fleets (ACF) regulation during declared emergency events. As outlined in Title 13 of the California Code of Regulations (CCR) § 2015.3(f), vehicles operated by public agencies that are dispatched to support emergency operations during a declared emergency are temporarily exempt from ACF requirements for the duration of the event. While the City’s CCTV van will primarily be used for routine sewer inspections, it may also be deployed to support emergency sewer response operations when necessary and may qualify for this exemption. Supporting references are provided in Title 13 CCR § 2015.3(f) (Attachment E) and the CARB Declared Emergency Response Exemption Fact Sheet (Attachment F).
In addition, the City recently entered into a contract with Kittelson & Associates, Inc. to prepare a Zero Emissions Conversion Assessment for the City’s fleet. This study will evaluate available zero-emission alternatives, identify barriers to conversion, review facility capacity for charging infrastructure, and provide phased implementation strategies to meet CARB requirements. While the assessment is underway, staff has determined that no viable electric alternative currently exists for a CCTV inspection van of this size and configuration. The proposed gas-powered purchase addresses immediate operational needs while ensuring the City continues to plan for long-term compliance with future fleet conversion requirements.
Adding this second CCTV van remains essential to maintaining service levels as the City’s population grows and infrastructure demands increase. The City currently has only 4 3
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one CCTV van in the fleet. If that unit were to become inoperable, there would be no backup available, which could result in delays in inspections and emergency response.
With two CCTV vans, staff will be able to manage multiple locations simultaneously, improving efficiency and response times for both routine and emergency operations. This will help minimize service disruptions and ensure compliance with state-mandated inspections. The lead time for delivery of the completed van is estimated at approximately three to six months.
Staff remains available for any questions the City Council may have.
Prepared By:
Summer Burgess, Management Technician
Robby Bracelly, Fleet Manager
Attachments: A. New Quote from Haaker
B. Sourcewell Contract #120721-EVS
C. Letter from Envirosight
D. Original Staff Report (February 18, 2025)
E. Title 13 CCR § 2015.3(f) Exemptions Pursuant to Declared Emergency Events
F. CARB Emergency Use Exemption Fact Sheet
ATTACHMENT A
New Quote from Haaker
August 19, 2025
Sparky Kale
City, Victorville
14200 Palmdale Road
Victorville, CA 92393
2070 North White Avenue, La Verne, California 91750
Cell: (909) 736-7086 ~ Office (909) 598-2706 ~ haaker.com Sourcewell Proposal – Rovver X/RXSAT 2.0 Main Line and Lateral Launch Inspection System on 2026 Ford E-450 Cutaway with 16’ Studio Build Out.
Dear Sparky:
Thank you for your interest in the RovverX/RXSAT 2.0 main line and lateral launch inspection system with capabilities to inspect from 6” to 35” pipes. I am pleased to submit the following proposal for your consideration and approval Based on the Sourcewell Cooperative Purchasing Agreement- 120721-EVS. Price includes RovverX/RXSAT 2.0 equipment, studio build out, 2026 E450 Cutaway and associated hardware.
List Sourcewell
Professional ROVVER X Long Range System with 1650’ reel: Includes RCX90 camera (high- resolution CCD color zoom camera with 10x optical and 12x digital zoom, auto shutter, auto/manual focus, built- in LED lighting, +/-135 degree tilt, endless rotation, pressure sensor, and twin laser diodes for measuring feature width); ROVVER RX130 crawler (steerable with twin high-performance motors and 6-wheel drive, anodized aluminum/stainless steel chassis with pressure indicator, inclination and tilt sensors, location transmitter, rear viewing video camera, integrated camera lift); Quick Change wheels (6 small rubber, 4 medium rubber, 4 large rubber wheels, 2 climbing wheels); DCX5000 control pendant to operate crawler, reel and camera); RAX500 automatic motorized cable reel (with meter counter, splash-proof rating, 1650' orange transmission cable); power supply for 115/230V; wireless remote control; 25' extension cable with emergency power switch. Includes ROVVERX CCUI/Control module for reports. Includes office RovverX CCUI/controller. RXSAT 2.0 Lateral Launch System: Includes RXSAT140 II QCD Crawler with 8 small rubber wheels installed, standard accessories and transport case, RAXSAT 300 Cable Reel with 300M (1000’) Orange Cable and 45M (147’) of red push cable and cable for SAT Reel to Mainline Reel, PTP50 Camera, AC40 Camera. 4 medium rubber $262,150.00 $249,042.50
wheels. Double Cable Roller for SAT, Guide pipe adapter DN75 with set of 4 guide pipes DN200-DN800.
Operator Studio: solid bulkhead wall with sliding smoked-glass window, Formica desk with wall outlet above and below, cork board wall above desk surface, overhead recessed LED lighting , 43” four up desk-mount monitor, high-back operator chair, carpeted walls and ceiling, black treaded rubber floor, safety light switches in truck cab, thru-wall rack-mount storage, wall file, video distribution booster, battery-operated carbon monoxide detector, rackmount UPS device, USB charger/12V receptacle combo, and under desk keyboard tray. $72,578.10 $72,578.10
Equipment Bay Stainless steel work surface, built-in heavy-duty storage/tool chest, slide- out crawler tray under reel, rear facing 19” Tru-Vu monitor, full height storage cabinet behind crawler drawer, wash-down system (on-demand pump, lighted switch, 18 gallon tank with exterior fill, 25’ retractable hose reel), sink for wash-down, Ceiling LED light, gray FRP over plywood on walls and ceiling, aluminum storage shelf and caddy with trash can, wheel and drawer, rubber glove dispenser, black treaded rubber floor, corner mounted spotlights, and tool package.
Exterior: rear barn doors with latches/locks, side door with step well, custom Envirosight mud flaps, tie-off clamp on rear bumper, door latches to secure them in place when open, back-up camera, back-up alarm, rear LED arrow board, front roof-mounted LED strobe, 4 corner mounted LED strobes.
Miscellaneous Hardware: Top Manhole roller, invert roller, tool kit, crawler lowering tool, regulator, air valve, and two (2) CO2 Canisters, for replacing air into camera, crawler, and accessories. hand sanitizer, waterless soap, paper towels, rubber gloves, first aid kit, fire extinguisher, rain-x, simple green, dry-erase board, safety package, traffic cones $4,482.87 $4,482.87
2026 E-450 DRW 176”WB $79,805.00 $79,805.00
Rack Mount Computer for Software $3,336.79 $3,177.89
5.5 Gas Generator with aluminum enclosure $6,099.00 $5,794.05 Elevator Lift; Allows you to raise/lower the camera system electronically. $18,960.40 $18,012.48 Sub Total: $447,412.16 $432,892.89
Sales Tax 8.75% (Victorville, CA): $39,148.56 $37,878.13 Freight: $6,000.00 $6,000.00
Factory Equipment Training; $3,300.00 $3,300.00
Total Price: $495,860.72 $480,071.02
Price quoted includes all inbound shipping charges to CA and (2) days of training. Price is good for 60 Days
Sparky, thank you again for the opportunity and I will be looking forward to working for you on the purchase of this equipment and I will also be looking forward to your favorable consideration.
Respectfully Yours
Jorge (George) Lopez
ATTACHMENT B
Sourcewell Contract #120721-EVS
120721-EVS
Re
v. 3/2021 1
Solicitation Number: RFP #120721
CONTRACT
This C
ontract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Envirosight LLC, 111 Canfield Ave., Building C, Randolph, NJ 07869 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Underground Infrastructure Inspection and Rehabilitation Equipment with Related Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires January 17, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
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Rev. 3/2021 18
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Envirosight, LLC
By: __________________________ By: __________________________ Jeremy Schwartz Mike Dahlmann, President
Best Equipment Company, Inc.
Title: Chief Procurement Officer Title: Authorized Contract Administrator
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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ATTACHMENT C
Letter from Envirosight
ATTACHMENT D
Original Staff Report (February 18, 2025)
ATTACHMENT E
Title 13 CCR 2015.3(f)
Exemptions Pursuant to Declared Emergency Events
Appendix A-2
Final Regulation Order
Advanced Clean Fleets Regulation
High Priority and Federal Fleets Requirements
[Note: The entire text of sections 2015 through 2015.6 set forth below is new language in “normal type” proposed to be added to title 13, California Code of Regulations.]
A-2-2
Chapter 1 Motor Vehicle Pollution Control Devices
Section 2015 High Priority and Federal Fleets Applicability, Definitions, and General Requirements
Section 2015.1 High Priority and Federal Fleets Model Year Schedule Section 2015.2 High Priority and Federal Fleets Fleet ZEV Milestones Option
Section 2015.3 High Priority and Federal Fleets Exemptions and Extensions Section 2015.4 High Priority and Federal Fleets Reporting Section 2015.5 High Priority and Federal Fleets Recordkeeping Section 2015.6 High Priority and Federal Fleets Enforcement A-2-3
Proposed Regulation Order
Title 13, California Code of Regulations
Adopt Chapter 1, Article 3.4, Section 2015 of title 13, California Code of Regulations, to read as follows:
Article 3.4. High Priority and Federal Fleets Requirements § Section 2015. High Priority and Federal Fleets Applicability, Definitions, and General Requirements.
(a) Scope and Applicability.
(1) Fleet Applicability. Except as provided in the exemptions specified in section 2015(c), this article applies to any entity that owns, operates, or directs the operation of one or more vehicles specified in section 2015(a)(2) in California on or after January 1, 2024, and that also meets any of the following criteria. Fleet owners are subject to this article for a minimum period of time as specified in section 2015(l). (A) Is an entity that has $50 million or more in total gross annual revenues, including revenues from all subsidiaries, subdivisions, and branches, reported to the United States Internal Revenue Service, or its equivalent in another country in the calendar year immediately preceding the current calendar year;
(B) Is a fleet owner that owns, operates, or directs the operation of 50 or more vehicles in the total fleet, excluding light-duty package delivery vehicles;
(C) Is a fleet owner or a controlling party whose fleet in combination with other fleets operated under common ownership and control totals 50 or more vehicles in the total fleet, excluding light-duty package delivery vehicles; or
(D) Is any federal government agency, or is a State or local government agency as defined in title 13, California Code of Regulations (CCR), section 2013(b) that has elected to comply with the ZEV Milestones Option specified in section 2015.2 pursuant to title 13, CCR, section 2013(e).
(2) Vehicle Scope. Except as provided in the exemptions specified in section 2015(c), vehicles subject to this article are vehicles that: have a gross A-2-4
vehicle weight rating (GVWR) greater than 8,500 lbs., are light-duty package delivery vehicles, or are yard tractors, and that are operated in California.
(3) Hiring Entities. The requirements specified in section 2015(g) apply to any motor carrier, broker, governmental agency, person, or entity that hires and operates or hires and directs the operation of vehicles in California that are subject to this article.
(b) Definitions. The following definitions apply to this article:
“Authorized dealer” means an independent sales, service, or repair facility that is recognized by a motor vehicle manufacturer as a sales representative or is both authorized by a motor vehicle manufacturer to perform repairs on vehicles and is in fact capable of performing repairs needed to maintain vehicles to factory specifications, including performing warranty repair work.
“Backup vehicle” means a vehicle that is operated infrequently as specified in section 2015.3(a) but excludes yard tractors. “Battery-electric vehicle” or “BEV” has the same definition as “Electric Vehicle” in title 40, Code of Federal Regulations (CFR), section 1037.801, last amended by the United States Environmental Protection Agency (U.S. EPA) on June 17, 2013, which is incorporated by reference herein. “Box truck” means a single-unit vehicle with a fully or partially enclosed space with a roof and at least three sides designed for transporting cargo or payload, excluding the driver and passengers. Examples include vehicles commonly referred to as step vans, refrigerated vans, dry vans, chipper trucks, and box reefer trucks.
“Broker” means any person who, as a principal or agent, sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by a motor carrier for compensation. A motor carrier, or person who is an employee or bona fide agent of a motor carrier, is not a broker when it arranges or offers to arrange the transportation of shipments which it is authorized to transport and which it has accepted and legally bound itself to transport.
“Bus” means any vehicle designed, used, or maintained for carrying more than ten persons, including the driver, and configured with seats for the primary purpose of transporting persons including the driver.
A-2-5
“California fleet” means the subset of vehicles, including those under common ownership or control, in the total fleet operated in California by a fleet owner or controlling party during a calendar year. Rental vehicles are counted as specified in section 2015.2(d).
“CARB” means the California Air Resources Board.
“Common ownership or control” means being owned or managed on a day-to-day basis by the same persons or entities. Vehicles managed by the same directors, officers, or managers, or by distinct corporations that are controlled by the same majority stockholders are under common ownership or control, even if their titles are held by different business entities or they have different taxpayer identification numbers. A vehicle is under an entity’s control if the vehicle is operated using that entity’s state or federal operating authority or other registration. Vehicles owned by different entities but operated using common or shared resources to manage the day-to-day operations using the same motor carrier number, displaying the same name or logo, or owned by contractors whose services are under the day-to-day control of the hiring entity are under common ownership or control. Common ownership or control of a federal government vehicle shall be the primary responsibility of the governmental agency that is directly responsible for the day-to-day operational control of the vehicle. Common ownership or control includes relationships where the controlling party has the right to direct or control the vehicle as to the details of when, where, and how work is to be performed or where expenses for operating the vehicle, such as fuel or insurance, are shared. Common ownership or control does not include agreements for individual loads that are competitively bid and issued to the lowest qualifying bid.
“Configuration” means the primary intended function for which a complete vehicle is designed, or as determined by the body permanently attached to the chassis of an incomplete vehicle. Examples of configurations include bucket trucks, box trucks, concrete pump trucks, dump trucks, digger derricks, drill rigs, stake bed trucks, flatbed trucks, and tow trucks. The configuration does not include any auxiliary equipment or secondary uses of equipment added to or carried on the vehicle body. Examples of truck-mounted equipment include welding equipment, lift gates, portable tanks, generators, storage cabinets, and winches.
A-2-6
“Controlling party” means a motor carrier, broker, or entity who directs or otherwise manages the day-to-day operation of one or more vehicles under its common ownership or control to serve its customers or clients. “Corporate parent” means a business that possesses the majority of shares in another business.
“Day cab tractor” means an on-road tractor without a berth designed for resting or sleeping at the back of the cab and that is not a yard tractor. “Declared emergency event” means the time period of an emergency event declared or duly proclaimed by a local governing body, state Governor, or the President of the United States during any of the conditions or degrees of emergency described in California Government Code section 8558.
“Dedicated snow removal vehicle” means a vehicle that has permanently affixed snow removal equipment such as a snow blower or auger and is operated exclusively to remove snow from public roads, private roads, or other paths to allow on-road vehicle access.
“Dispatch” means to provide direction or instruction for routing a vehicle, whether owned or under contract, to specified destinations for specific purposes, including delivering or receiving cargo, passengers, property, or goods, or providing a service.
“Emergency operation” means operation of an emergency support vehicle to help alleviate an immediate threat to public health or safety in response to a declared emergency event. Emergency operation includes emergency support vehicle travel to and from a declared emergency event when dispatched by a local, state, federal, or other responsible emergency management agency. Routine operation to prevent public health risks does not constitute emergency operation.
“Emergency support vehicle” means a vehicle other than an authorized emergency vehicle as defined in California Vehicle Code (CVC) section 165 that has been dispatched by a local, state, federal, or other responsible emergency management agency that is used to provide transport services or supplies in connection with an emergency operation.
“Energy storage system” means a system that is designed to store energy on a ZEV or NZEV, such as the battery pack or hydrogen storage tank.
A-2-7
“Executive Officer” means the Executive Officer of the California Air Resources Board or their delegated representative.
“Federal fleet” means vehicles owned by a department, agency, or instrumentality of the federal government of the United States of America and its departments, divisions, public corporations, or public agencies that operate in California. With respect to the Department of Defense and its service branches, federal fleets may be managed regionally, locally, or a combination of regional and local management.
There may be multiple federal fleets within a branch of military service or an installation.
“Five-day pass” means a pass that allows a fleet owner to operate a non- compliant vehicle up to five consecutive days in California one time per calendar year per vehicle.
“Fleet” or “total fleet” means one or more vehicles owned by a fleet owner or that are operated under the common ownership or control of a controlling party. It also includes rental or leased vehicles that are considered owned by the “fleet owner” as defined in section 2015(b). “Fleet owner” means the person or entity who owns the vehicles comprising the fleet. The owner shall be presumed to be either the person or entity registered with the California Department of Motor Vehicles (DMV) as the owner or lessee of a vehicle, or its equivalent in another state, province, or country; vehicle ownership is based on the vehicle registration document or the vehicle title, except as specified below:
(A) For vehicles that are owned by the federal government and not registered in any state or local jurisdiction, the owner shall be the department, agency, branch, or other entity of the United States, including the United States Postal Service, to which the vehicles in the fleet are assigned or which has responsibility for maintenance of the vehicles.
(B) For vehicles that are rented or leased from a business that is regularly engaged in the trade or business of renting or leasing motor vehicles without drivers, including truck leases that are part of a bundled service agreement, the owner shall be presumed to be the rental or leasing entity for purposes of compliance, unless the rental or lease agreement for the vehicle is for a period of one year or longer and the terms of the rental or lease agreement A-2-8
identifies the renting operator or lessee of the vehicle as the party responsible for compliance with state laws.
(C) A financing company or a person who only provides financing to a third party in the form of “finance leases,” as defined in California Uniform Commercial Code Section 10103(a)(7), is not considered to own the vehicles that are financed. Similarly, a financing company or a person who only provides financing to a third party for converting a vehicle to a ZEV is not considered to be the owner of the vehicle.
“Government agency” means any federal, state, or local public agency, or any other public entity with taxing authority.
“Gross annual revenue” means the total revenue, receipts, and sales for a consecutive 12-month period as filed with the Internal Revenue Service, or its equivalent in another country.
“Gross vehicle weight rating” or “GVWR” means the same as CVC section 350, as indicated by the characters in the four through eight positions in a standard 17-character Vehicle Identification Number (VIN). “Heavy front axle” means any front steering axle whose gross weight imposed upon the highway by the wheels is rated to exceed 12,500 lbs.
The axle weight rating is typically found on the manufacturer’s affixed certification label which contains the gross axle weight ratings and the gross vehicle weight rating.
“Historical vehicle” means a vehicle that meets the qualifications for a historical vehicle and has been issued a historical vehicle license plate pursuant to CVC section 5004 and is operated or moved over the highway primarily for the purpose of historical exhibition or other historic vehicle club activities.
“Hubodometer” means a non-resettable device mounted on the axle of a vehicle that measures distance traveled that has a serial number and a lock-out feature that permanently prevents tampering.
“Hydrogen fuel-cell electric vehicle” or “FCEV” means a vehicle with an electric motor where energy for the motor is supplied by an electrochemical cell that produces electricity via the non-combustion reaction of hydrogen.
A-2-9
"Intermittent snow removal vehicle” means a vehicle that is equipped with a snow plow or snow blower mounting attachment and a control system for the plow or blower.
“Internal combustion engine vehicle” or “ICE vehicle” means a vehicle with a powertrain that includes an internal combustion engine that is powered by gasoline, diesel, natural gas, propane, or other fuel where the sole source of power is from the combustion of the on-board fuel to provide motive power.
“Interstate rental fleet owner” means a fleet owner who regularly engages in the trade or business of renting vehicles without drivers with rental origins and destinations outside of California.
“Lessee” has the same meaning as defined in CVC section 371. “Light-duty package delivery vehicle” means a motor vehicle with a GVWR equal to or less than 8,500 lbs. with equal to or greater than 100 cubic feet of cargo-carrying volume, as defined in title 49, CFR, section 523.2 as it existed on June 3, 2022, which is incorporated by reference herein, that is regularly used to deliver packages, parcels, or mail. “Manufacturer” means any entity or person who manufactures or assembles new yard tractors or on-road motor vehicles, or imports such yard tractors or on-road motor vehicles for resale, or who acts for and is under the control of any such person in connection with the distribution of yard tractors or new motor vehicles, but shall not include any dealer with respect to yard tractors or new motor vehicles received in commerce. In general, the term “manufacturer” includes any entity or person who manufactures or assembles an on-road vehicle, a yard tractor, a cab and chassis, or other incomplete on-road vehicle for sale in California, or otherwise introduces a yard tractor or new on-road motor vehicle into commerce in California. “Manufacturer” also includes any intermediate- or final-stage manufacturer who completes vehicle assembly prior to first purchase of the vehicle other than for resale. “Manufacturer” does not include entities or persons who supply parts to the importer or vehicle manufacturer of record.
“Milestone Group 1” means the light-duty package delivery vehicles, box trucks, vans, buses with two axles, and yard tractors in the California fleet.
“Milestone Group 2” means the work trucks, day cab tractors, pickup trucks, and buses with three axles in the California fleet.
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“Milestone Group 3” means the sleeper cab tractors and specialty vehicles within the California fleet.
“Minimum useful life” means the minimum time period a vehicle may remain in the California fleet. It is the later of the dates specified in subsection (A) or (B) below, as modified by subsection (C):
(A) Thirteen years commencing from the model year that the engine and emissions control system in a vehicle was first certified for use by CARB or United States Environmental Protection Agency (U.S.
EPA); or
(B) The date that the vehicle exceeded 800,000 vehicle miles traveled or 18 years from the model year that the engine and emissions control system of that vehicle was first certified for use by CARB or U.S. EPA (whichever is earlier).
(C) If the vehicle no longer has its originally equipped engine, or the model year of the originally equipped engine is not able to be determined, the model year of the vehicle less one year must be used to determine when the thresholds described in subsections (A) and (B) above are met.
“Mobile ZEV fueling provider” means an entity that provides the service of, or is engaged in the sale, rental, or lease of equipment for the purpose of, delivering hydrogen fuel or electricity directly from a mobile vehicle or portable equipment into another vehicle’s fuel tank or battery for other than the dispenser’s own consumption.
“Model year” means the production period as assigned by the manufacturer when certifying an engine or vehicle for sale, pursuant to title 17, CCR, section 95662(a)(16).
“Motor carrier” means the same as defined in CVC section 408. “Motor vehicle” means the same as defined in CVC section 415. “Near-zero-emissions vehicle” or “NZEV” means a vehicle as defined in title 13, CCR, section 1963(c)(16) that is capable of operating like a ZEV using electricity stored on-board the vehicle for a minimum number of miles, or “all-electric range”, as specified and tested in accordance with section 1037.150p(2)(ii) of “California Greenhouse Gas Exhaust Emission Standards and Test Procedures for 2014 and Subsequent Model Heavy A-2-11
Duty Vehicles,” as last amended September 9, 2021, which is incorporated by reference herein.
“New vehicle” means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser. “Notice to proceed” means a written direction to a vehicle manufacturer or entity that converts vehicles to ZEVs to commence production or conversion of a vehicle as provided in a contract.
“Pickup truck” means a vehicle originally manufactured as a complete vehicle with an open box-type bed that meets the definition set forth in CVC section 471. A “pickup truck” with a removable bed cover or camper shell installed is considered a “pickup truck” for the purpose of this article.
“Rated energy capacity” means the amount of electrical energy, in watt hours (Wh), that can be extracted from a fully charged energy storage system, based on or derived from the results of testing or analysis procedures specified in section D., “California Standards and Test Procedures for New 2021 and Subsequent Model Heavy-Duty Zero- Emission Powertrains,” adopted June 27, 2019, which is incorporated by reference herein. The rated energy capacity includes the electrical energy of the battery pack that is not accessible due to a manufacturer- programmed decrease in energy capacity for battery pack protection. “Removed from the California fleet” means a fleet owner or controlling party no longer operates a vehicle in California on or after the date the vehicle meets one of the following conditions:
(A) Is destroyed or scrapped;
(B) Is sold out of the fleet or transferred out-of-state; or (C) For controlling parties, when common ownership or control of the vehicle ends.
“Rental vehicle” means a vehicle that is rented to an entity for a period of less than one year without a driver.
“Responsible official” means one of the following:
(A) For a corporation: A president, chief executive officer, chief financial officer, secretary, treasurer, or vice president of the A-2-12
corporation in charge of a principal business function, or a delegate, designee, or any other person who performs similar policy or decision-making functions for the corporation. (B) For a partnership or sole proprietorship: A general partner or the proprietor, the delegate or designee of the aforementioned, or any other person who performs similar policy or decision-making functions for the business, or the chief executive officer, or the chief financial officer.
(C) For a federal government agency: Either a principal executive officer or ranking elected official. For the purposes of this article, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the U.S. EPA). For the purposes of the Department of Defense Military Services, a principal executive officer includes a commanding officer of an installation, base, or tenant organization.
“SAE J1667” means SAE Recommended Practice SAE J1667 “Society of Automotive Engineers (SAE) J1667 Recommended Practice Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles,” as issued February 1996, which is incorporated herein by reference. “Sleeper cab tractor” means a tractor with a berth designed for resting or sleeping at the back of the cab.
“Smoke opacity test” means a test of a vehicle's emissions for smoke opacity level conducted using the procedures specified in “Society of Automotive Engineers (SAE) J1667 Recommended Practice Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles.” “Specialty vehicle” means one of the following:
(A) A vehicle with a GVWR greater than 33,000 lbs. and with a heavy front axle; or
(B) A vehicle with a GVWR greater than 33,000 lbs. that is not designed to carry cargo and is configured to perform work that can only be done while the vehicle is stationary and the auxiliary mechanism to perform that work is an integral part of the vehicle design. Examples include vehicles commonly known as vacuum trucks, digger derricks, drilling rigs, and concrete pump trucks.
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“Standard rounding convention” means if the calculated value is not equal to a whole number, the value shall round up to the nearest whole number when the fractional part is equal to or greater than 0.5, and round down to the nearest whole number if the fractional part is less than 0.5.
“Subsidiary” means an entity controlled by another entity. “Tractor” means an on-road vehicle meeting one of the following:
(A) The definition of “tractor” in title 17, CCR, section 95662(a)(23). (B) The definition of “vocational tractor” in title 17, CCR, section 95662(a)(27).
“Test fleet” means vehicles owned and operated by a manufacturer that are not used for commercial purposes and are operated only to demonstrate functionality to buyers, test durability, or gather data for engine or vehicle certification or research, and vehicles operating under a CARB-issued experimental permit as authorized by California Health and Safety Code section 43014.
“Two-engine vehicle” means a specially constructed on-road mobile vehicle that was designed by the original equipment manufacturer to be equipped with two engines: one engine provides the primary source of motive power of the vehicle while the other engine is an auxiliary engine with 50 brake horsepower or greater that is permanently attached and integrated into the original design of the vehicle to perform a specific function, which may include providing auxiliary power to attachments, performing special job functions, or providing additional motive power. If a vehicle was originally designed with the capability to have an auxiliary engine installed, but the auxiliary engine was installed by a person or entity other than the original equipment manufacturer, the vehicle still qualifies as a two-engine vehicle. Two-engine street sweepers are not included in this definition.
“Van” means a single unit vehicle configured with seats to transport passengers or with an enclosed space for the primary purpose of transporting cargo and equipment.
“Vehicle” means either a device as defined in CVC section 670, or a yard tractor that is not intended for use on highways.
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“Vehicle awaiting sale” means a vehicle in the possession of a dealer, financing company, a private party, or other entity that does not intend to operate the vehicle in California or offer the vehicle for hire for operation in California, and it is operated only to demonstrate functionality to potential buyers, to move short distances to make repairs, or for maintenance or storage. It also includes new vehicles when driven to be delivered to the fleet owner.
“Vehicle Identification Number” or “VIN” means an alphanumeric code that has been permanently assigned by the manufacturer to a vehicle. “Vehicle purchase” or “purchase” means an action wherein a fleet owner has placed an order to acquire the legal or equitable title to a vehicleor to convert a vehicle to a ZEV; or entered into a lease agreement with a contract term of one year or more. The action taken must be for immediate delivery or installation and the purchaser must have already paid for or entered into a binding agreement with an authorized dealer, entity who converts vehicles to ZEVs, third party, or manufacturer to pay for the vehicle or conversion. A vehicle purchase does not include renewing a lease agreement for a vehicle already in the California fleet. A vehicle purchase includes when the fleet owner has executed any one of the following:
(A) Identified, committed, and encumbered funds and executed a written notice to proceed to a manufacturer, authorized dealer, or entity who converts vehicles to ZEVs to begin production of the vehicle either:
1. Under a previously entered purchase contract, or
2. To execute a contract option;
(B) A written purchase agreement between a fleet owner and the manufacturer, authorized dealer, or entity who converts vehicles to ZEVs that specifies the date when the work to manufacture or convert the vehicle is to proceed;
(C) A written purchase agreement between a fleet owner and another party for the purchase and immediate delivery of a used vehicle; or
(D) A signed, written lease agreement between a fleet owner and the manufacturer or authorized dealer for a new vehicle to be placed A-2-15
in service in the California fleet for a contract term of one year or more.
“Waste fleet” means the vehicles owned and operated by a fleet owner that is contracted with a municipality that is mandated to support the hauling, transfer, and processing of diverted in-state organic waste to produce biomethane via franchise agreement or long-term contract, with either a minimum length of ten years or more, or with a minimum length of three years but includes a renewal provision when satisfying the contract terms.
“Wastewater fleet” means the vehicles owned and operated by a government agency or subdivision that owns and operates a wastewater treatment facility, and whose primary purpose is the collection, treatment, and recycling of wastewater and biosolids.
“Weight class” means the category of a vehicle’s GVWR as specified below:
(A) “Light-duty” means a vehicle with a GVWR less than or equal to 8,500 lbs.
(B) “Class 2b” means a vehicle with a GVWR greater than 8,500 lbs. and less than or equal to 10,000 lbs.
(C) “Class 3” means a vehicle with a GVWR greater than 10,000 lbs. and less than or equal to 14,000 lbs.
(D) “Class 4” means a vehicle with a GVWR greater than 14,000 lbs. and less than or equal to 16,000 lbs.
(E) “Class 5” means a vehicle with a GVWR greater than 16,000 lbs. and less than or equal to 19,500 lbs.
(F) “Class 6” means a vehicle with a GVWR greater than 19,500 lbs. and less than or equal to 26,000 lbs.
(G) “Class 7” means a vehicle with a GVWR greater than 26,000 lbs. and less than or equal to 33,000 lbs.
(H) “Class 8” means a vehicle with a GVWR greater than 33,000 lbs. “Work truck” means a vehicle that does not meet any of the definitions of box truck, van, bus, light-duty package delivery vehicle, pickup truck, day cab tractor, sleeper cab tractor, or specialty vehicle.
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“Yard tractor” means a vehicle that has a movable fifth wheel that can be elevated and is used in moving and spotting trailers and containers at a location or facility. Yard tractors are also commonly known as yard goats, hostlers, yard dogs, trailer spotters, or jockeys.
“Zero-emissions powertrain” has the same definition as title 13, CCR, section 1956.8(j)(27).
“Zero-emissions vehicle” or “ZEV” means a vehicle with a zero-emissions powertrain that produces zero exhaust emission of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions.
“ZEV fueling infrastructure” means a fueling system that provides the appropriate fuel type to power a ZEV (e.g., electric charging infrastructure or cryogenic fueling tank and dispenser). (c) Exemptions. The following entities and vehicles are exempt from the requirements specified in sections 2015 through 2015.6:
(1) School buses as defined in CVC section 545(a);
(2) Military tactical vehicles as defined in title 13, CCR, section 1905; (3) Vehicles awaiting sale;
(4) Emergency vehicles as defined in CVC section 165;
(5) Historical vehicles;
(6) Dedicated snow removal vehicles;
(7) Two-engine vehicles;
(8) Heavy cranes as defined in title 13, CCR, section 2021(b)(16); (9) Transit vehicles subject to the Innovative Clean Transit regulations commencing with title 13, CCR, section 2023;
(10) Vehicles subject to the regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards commencing with title 13, CCR, section 2479;
(11) Government agencies and vehicles owned by such agencies that are subject to the regulations for State and Local Government Fleets A-2-17
commencing with title 13, CCR, section 2013, unless pursuant to title 13, CCR, section 2013(e), the state or local government fleet owner has elected to comply with the ZEV Milestones Option specified in section 2015.2; and
(12) Vehicles in a test fleet.
(d) General Requirements. Beginning January 1, 2024, fleet owners must comply with the Model Year Schedule specified in section 2015.1 unless the fleet owner voluntarily elects to comply with the alternative ZEV Milestones Option specified in section 2015.2. Until January 1, 2030, fleet owners may switch between the compliance options, and only if their California fleet is in compliance with both the requirements of the currently elected compliance option and the desired alternative compliance option from January 1, 2024, through the date the option is switched.
(e) NZEV Flexibility. 2035 and earlier model year NZEVs are counted the same as ZEVs for purposes of this article, except as specified in sections 2015.3(b) and 2015.3(e).
(f) Controlling Party Requirements. Controlling parties are subject to all of the same requirements as fleet owners specified in sections 2015, 2015.1, 2015.2, 2015.3, 2015.4, 2015.5, and 2015.6. Controlling parties must also report all vehicles, including vehicles in their California fleet, that they operated in California under common ownership or control during the calendar year, and must include all such vehicles when determining compliance with sections 2015, 2015.1, 2015.2, 2015.3, 2015.4, 2015.5, and 2015.6. Controlling parties are eligible to use or request the same exemptions or extensions as fleet owners. A controlling party must comply with the reporting requirements specified in section 2015.4(c)(2)(N) in addition to the general reporting requirements. (g) Requirement to Hire Compliant Fleets. This section applies to hiring entities specified in section 2015(a)(3). These requirements do not apply to a controlling party if the hired vehicles are included in the combined fleet subject to the controlling party compliance requirements specified in section 2015(f). Any hiring entity that is subject to this section must meet the following requirements:
(1) Verification of Compliance. For each calendar year, verify that each fleet it hires or dispatches to operate in California is listed on the CARB Advanced Clean Fleets webpage as a compliant fleet. Alternatively, for each calendar year that an entity hires a fleet to operate in California that is not listed on the CARB Advanced Clean Fleets webpage as a A-2-18
compliant fleet, it must obtain a signed statement from the fleet owner stating their fleet is not subject to the High Priority and Federal Fleets regulations in title 13, CCR, sections 2015 through 2015.6, the State and Local Government Fleets regulations in title 13, CCR, sections 2013 through 2013.4, and the Drayage Fleet Requirements regulations in title 13, CCR, sections 2014 through 2014.2;
(2) Disclosure of Regulation Applicability. Provide the following disclosure in writing to the hired fleet either in the hiring contract or agreement or as an addendum to the hiring contract or agreement: “Vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean- fleets”; and
(3) Comply with the recordkeeping requirements specified in section 2015.5(i).
(h) Corporate Joint Compliance Option. Subsidiaries, parent companies, or joint ventures have the option to comply jointly with the ZEV Milestones Option specified in section 2015.2 instead of complying independently if the combined California fleet meets the requirements specified in section 2015.2. If such subsidiaries, parent companies or joint ventures elect to utilize this compliance option and then subsequently do not fully comply with any requirement in section 2015.2, each of the participating entities must then demonstrate compliance with the requirements of section 2015.2 on an individual basis.
Entities choosing to use this option must meet the reporting requirement specified in section 2015.4(d).
(i) Newly Formed Fleet. Any fleet that is newly formed on or after January 1, 2024, and that meets the applicability criteria specified in section 2015(a)(1) must comply with the requirements of either section 2015.1 or 2015.2, and the reporting requirements specified in section 2015.4 and recordkeeping requirements specified in section 2015.5, within 30 calendar days of newly adding vehicles to the California fleet.
(j) Newly Affected Fleets. Fleet owners of fleets that existed prior to January 1, 2024, that own, operate, or direct the operation of one or more vehicles specified in section 2015(a)(2) in California on or after January 1, 2024, and that A-2-19
newly meet the applicability criteria specified in section 2015(a)(1)(A) through (C) at any point on or after January 1, 2024, must do all the following:
(1) Within 30 calendar days of the date that the fleet meets the applicability criteria specified in section 2015(a)(1)(A) through (C), meet the reporting requirements specified in section 2015.4 and recordkeeping requirements specified in section 2015.5.
(2) Within 30 calendar days of the date that the fleet meets the applicability criteria specified in section 2015(a)(1)(A) through (C), notify CARB of the month and year that the fleet newly became subject to this article. (3) Within two years of the date that the fleet meets the applicability criteria specified in section 2015(a)(1)(A) through (C), meet all requirements of this article.
(k) Mergers and Acquisitions. If any entity merges with another entity or acquires vehicles as part of the merger on or after January 1, 2024, the fleet owner must:
(1) Comply with the requirements of either section 2015.1 or 2015.2 no later than one year from the date the merger or acquisition completes; (2) Verify whether any previously granted exemption(s) or extension(s) still apply, based on the exemption(s) or extension(s) criteria for the newly formed fleet; and
(3) Meet the reporting requirements specified in section 2015.4 and recordkeeping requirements specified in section 2015.5 within 30 calendar days from the date the merger or acquisition completes. (l) Fleets No Longer Affected. Any fleet subject to this article that no longer meets the applicability criteria specified in section 2015(a)(1) for two consecutive calendar years shall no longer be subject to the requirements of this article, until such time as the fleet again is affected per the applicability criteria specified in section 2015(a)(1).
(m) Reporting and Recordkeeping Requirement. Beginning January 1, 2024, fleet owners must meet reporting requirements as specified in section 2015.4 and keep and provide records as specified in section 2015.5. (n) Vehicles Acquired with Incentive Funds. Beginning January 1, 2024, if a fleet owner receives California State-provided incentive funding for ZEVs or NZEVs and the funding program guidelines specify that any vehicles acquired with such funds cannot be used to determine compliance with the general requirements A-2-20
in section 2015(d), any vehicle acquired with such incentive funds will not be counted as a compliant vehicle during the funding contract period. The fleet owner must meet the reporting requirements specified in section 2015.4(c)(2)(O).
(o) Certificate of Reported Compliance and Compliant Fleet List. If the requirements specified in sections 2015 through 2015.6 are met and the required reporting is received to demonstrate compliance, the fleet owner will be provided with a Certificate of Reported Compliance. The CARB Advanced Clean Fleets webpage will list the CARB-issued ID number, motor carrier number if applicable, fleet name, and whether the fleet is recognized as a “ZEV Fleet” as specified in section 2015(p) for compliant fleets that have received a Certificate of Reported Compliance. Fleets that do not comply with either compliance path specified in sections 2015.1 or 2015.2 will not be listed. (p) “ZEV Fleet” Recognition. Fleet owners may optionally elect to be recognized as a “ZEV fleet” beginning January 1, 2024. A fleet will be recognized as a “ZEV fleet” on the CARB Advanced Clean Fleets webpage if it meets or exceeds all the following criteria regardless of the compliance path being used:
(1) The number of ZEVs in the California fleet meets or exceeds the number of ZEVs as specified in the fleet ZEV Milestones Option in section 2015.2; (2) The California fleet must have at least one ZEV;
(3) The California fleet consists of at least five percent ZEVs; and (4) The fleet owner meets the reporting requirements of 2015.4 and record keeping requirements of a section 2015.5.
(q) Sales Disclosure of Regulation Applicability. Any person subject to this article selling a vehicle subject to this article must provide the following disclosure in writing to the purchaser on or with the bill of sale, sales contract addendum, or invoice: “A vehicle operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. It therefore could be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.” A-2-21
(r) ICE Vehicle Additions. Any ICE vehicle added to the California fleet on or after January 1, 2024, must have a 2010 through 2023 model year engine or a 2024 model year or newer engine certified to applicable California emissions standards and emissions related requirements. Any new ICE vehicle added to the California fleet must be certified to applicable California emissions standards and emissions related requirements.
(s) Airport Shuttle Bus Fleet Exemption. Fleet owners that are subject to the Zero- Emission Airport Shuttle regulations in title 17, CCR, sections 95690.1, 95690.2, 95690.3, 95690.4, 95690.5, 95690.6, 95690.7, and 95690.8 may exclude vehicles in their California fleet that are subject to those regulations from the requirements of sections 2015.1 and 2015.2 until January 1, 2027.
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.
Adopt Section 2015.1 of title 13, California Code of Regulations, to read as follows:
§ Section 2015.1. High Priority and Federal Fleet Model Year Schedule.
Beginning January 1, 2024, fleet owners must comply with the following requirements unless they choose to comply with the ZEV Milestones Option specified in section 2015.2:
(a) ZEV Addition. Any vehicle added to the California fleet must be a ZEV.
Renewing a vehicle lease for a vehicle that is already in the California fleet shall not be considered as the addition of a vehicle to the California fleet. (1) ICE Vehicle Ordered in Advance. A new ICE vehicle may be added to the California fleet on or after January 1, 2024, only if the vehicle was purchased before October 1, 2023. Fleet owners must email the purchase agreement to [email protected] when initially reporting the vehicle as specified in section 2015.4 and keep records of the purchase agreement as specified in section 2015.5(a)(2).
(b) ICE Vehicle Removal. Beginning January 1, 2025, ICE vehicles must be removed from the California fleet by January 1 of the calendar year after the minimum useful life mileage threshold was exceeded, or January 1 of the calendar year the engine model year is 18 years old, whichever occurs first. This requirement A-2-22
applies to new ICE vehicles purchased pursuant to the exemptions or extensions specified in section 2015.3. The California fleet remains in compliance if the following conditions are met:
(1) No ICE vehicles were added to the California fleet on or after January 1, 2024, with the exception of ICE vehicles purchased pursuant to an exemption or extension specified in section 2015.3 or the ICE vehicle was ordered prior to October 1, 2023; and
(2) The fleet has no ICE vehicles in the California fleet that were otherwise required to be removed as specified in section 2015.1(b) unless the ICE vehicle was granted an exemption or extension.
(c) Exemptions and Extensions. Fleet owners complying with the Model Year Schedule specified in section 2015.1 may utilize the following exemptions and extensions if the specified criteria are met:
(1) Backup Vehicle Exemption. Fleet owners may exclude a vehicle from the ICE Vehicle Removal requirements compliance date specified in section 2015.1(b) if the vehicle is designated as a backup vehicle as specified in section 2015.3(a).
(2) Daily Usage Exemption. Fleet owners may request an exemption from the ZEV Addition requirement of section 2015.1(a) to purchase a new ICE vehicle. Fleet owners must request and obtain this exemption pursuant to the criteria specified in section 2015.3(b). The fleet owner must request this exemption no later than one year before the applicable compliance date specified in the ICE Vehicle Removal requirement of section 2015.1(b), and no earlier than when the model year of the ICE vehicle being replaced reaches 16 years old, or when the vehicle reaches 700,000 miles, whichever occurs first.
(3) ZEV Infrastructure Delay Extension. Fleet owners may request an extension from the ICE Vehicle Removal requirements compliance date specified in section 2015.1(b) for an ICE vehicle that is otherwise required to be removed from the fleet. The fleet owner must request and obtain this extension pursuant to the criteria specified in section 2015.3(c). The fleet owner must request this extension no later than 45 calendar days before the applicable compliance date specified in section 2015.1(b) for the ICE vehicle to be replaced.
(4) Vehicle Delivery Delay Extension. Fleet owners may request an extension from the ICE Vehicle Removal requirements compliance date specified in section 2015.1(b) for an existing ICE vehicle that is otherwise required to A-2-23
be removed from the fleet. Fleet owners must request and obtain this extension pursuant to the criteria specified in section 2015.3(d). The fleet owner must request this extension no later than February 1 of the same calendar year as the compliance date specified in the ICE Vehicle Removal requirement specified in section 2015.1(b).
(5) ZEV Purchase Exemptions. Fleet owners must use the exemption in section 2015.3(e)(1) or request the exemption in section 2015.3(e)(2) no later than one year before the compliance date specified in section 2015.1(b) and no earlier than when the model year of an existing ICE vehicle that is otherwise required to be replaced reaches 16 years old, or when the vehicle reaches 700,000 miles, whichever occurs first. (A) ZEV Purchase Exemption List. Fleet owners shall receive an exemption from the ZEV Addition requirement specified in section 2015.1(a) to purchase a new ICE vehicle, and shall receive an extension from the ICE Vehicle Removal requirements compliance date specified in section 2015.1(b) for the ICE vehicle being replaced, which shall remain in effect until the new ICE vehicle they have ordered is received. Fleet owners must meet the criteria specified in section 2015.3(e)(1) to qualify.
(B) ZEV Purchase Exemption Application. Fleet owners may request and obtain an exemption from the ZEV Addition requirement specified in section 2015.1(a), pursuant to the criteria specified in section 2015.3(e)(2), to purchase a new ICE vehicle. If approved, the fleet owner shall also receive an extension from the ICE Vehicle Removal requirements compliance date specified in section 2015.1(b) for the ICE vehicle being replaced, which shall remain in effect until the ordered new ICE vehicle is received. (6) Declared Emergency Response. Fleet owners may exclude vehicles that are performing emergency operations from the Model Year Schedule requirements specified in section 2015.1 during declared emergency events pursuant to the criteria specified in section 2015.3(f)(1). (7) Mutual Aid Assistance. Fleet owners may request an exemption from the ZEV Addition requirement in section 2015.1(a) to purchase new ICE vehicles. Fleet owners must request and obtain this exemption pursuant to the criteria specified in section 2015.3(f)(2). ICE vehicles purchased pursuant to a granted exemption may operate as part of the regular California fleet and are not restricted solely to mutual aid functions.
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(8) Five-day Pass. Fleet owners may request a five-day pass to exclude any vehicle from the California fleet for five consecutive days once per calendar year per vehicle in their fleet pursuant to the criteria specified in section 2015.3(g).
(9) Non-repairable Vehicles. Fleet owners that need to temporarily replace a vehicle due to an accident or other onetime event due to circumstances beyond the fleet owner’s control, such as fire or catastrophic failure, that damages both the engine and vehicle such that the vehicle is not repairable may request and obtain an exemption from the ZEV Addition requirement specified in section 2015.1(a). If approved, they may purchase a used ICE vehicle of the same configuration and with an engine with the same or newer model year as the non-repairable vehicle no later than 180 calendar days from the date the vehicle became non- repairable. The fleet owner may also exclude it from the ICE vehicle removal requirement specified in section 2015.1(b) until the end of the useful life of the non-repairable vehicle as determined by the criteria specified in section 2015.1(b). The useful life of the replacement will be based on the engine model year of the non-repairable vehicle and the mileage accrued on the non-repairable vehicle plus the mileage accrued on the replacement vehicle. Fleet owners must report the replacement vehicle within 30 calendar days of adding it to the California fleet as specified in section 2015.4 and keep records for both vehicles as specified in section 2015.5(n). By using this option, fleet owners must acknowledge that they knowingly and voluntarily waive the provisions of Health and Safety Code section 43021(a), specific to the replacement vehicle in this section, that would otherwise apply to any purchased commercial motor vehicles as defined in CVC section 34601, except for new ICE vehicles purchased pursuant to an exemption specified in section 2015.3. To apply, fleet owners must submit the following information and documentation to [email protected] prior to adding the used vehicle to the California fleet:
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(A) A copy of a police report, statement from the insurance company, or signed attestation from a federal fleet owner’s governing board indicating the vehicle is non-repairable;
(B) The VIN of the non-repairable vehicle;
(C) The following clear and legible digital photographs of the replacement used vehicle:
1. VIN/GVWR label (typically located on the driver side door or door jamb);
2. License plate with driver side of the vehicle visible;
3. Entire left side of the vehicle with doors closed showing the vehicle’s body configuration; and
4. Entire right side of the vehicle with doors closed showing the vehicle’s body configuration.
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.
Adopt Section 2015.2 of title 13, California Code of Regulations, to read as follows:
§ Section 2015.2. High Priority and Federal Fleets ZEV Milestones Option.
Until January 1, 2030, fleet owners may choose this option in lieu of the Model Year Schedule Requirements of section 2015.1 to have the flexibility to manage their California fleet while meeting the ZEV Fleet Milestones regardless of vehicle age and mileage. If a vehicle is operated in California at any time during a calendar year, it will be considered part of the California fleet for the entire calendar year for purposes of calculating the ZEV Fleet Milestones of section 2015.2(a) and (b). By using this option, fleet owners must acknowledge that they are knowingly and voluntarily waiving the provisions of Health and Safety Code section 43021(a) that would otherwise apply to commercial motor vehicles as defined in CVC section 34601 in their California fleet, except for new ICE vehicles purchased pursuant to a granted exemption specified in sections 2015.2(f)(2), 2015.2(f)(5), and 2015.2(f)(9). Fleet owners choosing to use this path must comply with the following:
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(a) ZEV Fleet Milestones. Beginning January 1, 2025, fleet owners must continuously meet or exceed the ZEV Fleet Milestone percentage requirements set forth below in Table A: ZEV Fleet Milestones by Milestone Group and Year for their California fleets. The ZEV Fleet Milestone percentages must be maintained each year until the next compliance milestone; for example, Milestone Group 1 vehicles must comprise at least ten percent of the California fleet each year beginning January 1, 2025 until December 31,2027.
Table A: ZEV Fleet Milestones by Milestone Group and Year Percentage of
vehicles that must be
ZEVs
10% 25% 50% 75% 100%
Milestone Group 1:
Box trucks, vans, buses
with two axles, yard
tractors, light-duty
package delivery
vehicles
2025 2028 2031 2033 2035 and
beyond
Milestone Group 2:
Work trucks, day cab
tractors, pickup trucks,
buses with three axles
2027 2030 2033 2036 2039 and
beyond
Milestone Group 3:
Sleeper cab tractors
and specialty vehicles
2030 2033 2036 2039 2042 and
beyond
(b) ZEV Fleet Milestone Calculation. The annual ZEV Fleet Milestone is calculated by counting the vehicles in the California fleet for each of the three Milestone Groups listed in Table A, then multiplying the number of vehicles in each Milestone Group by the ZEV percentage requirement for that year as shown in Equation 1: ZEV Fleet Milestone Equation. If the sum of the ZEV Fleet Milestones is not a whole number, the value must be rounded using standard rounding convention.
Equation 1: ZEV Fleet Milestone Equation
([Milestone Group 1 Vehicle Count] x [Milestone Group 1 Percentage Requirement]) + ([Milestone Group 2 Vehicle Count] x [Milestone Group 2 Percentage Requirement]) + ([Milestone Group 3 Vehicle Count] x [Milestone Group 3 Percentage Requirement]) = ZEV Fleet Milestone
The following example shows how the ZEV Fleet Milestone is calculated for the 2031 calendar year for a fleet owner that has 100 Milestone Group 1 vehicles A-2-27
and 50 Milestone Group 2 vehicles and two backup vehicles that are excluded from the calculation:
Milestone Group 1: 100 vehicles x 50% = 50 ZEVs
Milestone Group 2: 50 vehicles x 25% = 12.5 ZEVs
Total ZEV Fleet Milestone = 62.5 (rounds up to 63 ZEVs) (c) Any ZEVs Count for Compliance. Any ZEV from any Milestone Group can be used to count toward the fleet’s ZEV Fleet Milestone requirement. For example, a fleet with box trucks and day cab tractors can meet the total ZEV Fleet Milestone requirement with ZEV day cab tractors instead of ZEV box trucks. (d) Rental Vehicle Option. In lieu of counting all rental vehicles that operate in California, interstate rental fleet owners may choose to report the average number of rental vehicles that are operated in California. To use this option, four quarterly snapshots of the number of rental vehicles operated in California must be taken on the first Monday after January 1, April 1, July 1, and October
1. For purposes of this option, rental vehicles operated in California are those that are in California, but are under contract to leave California; vehicles to be picked up and dropped off in California; and vehicles that are not under contract while in California on the date of the snapshot. In lieu of counting rental vehicles under contract, rental fleet owners must supply telemetry data showing each rental vehicle that is in California on the snapshot dates. Each vehicle shall only be counted once for purposes of each snapshot. Fleet owners utilizing this option must report the average number of rental vehicles as specified in section 2015.4(h) and keep records of snapshots taken and supporting documents as specified in section 2015.5(h). (e) Waste and Wastewater Fleet Option. Waste and Wastewater fleet owners may delay compliance with the ZEV Milestones Option as specified in section 2015.2(b) for the vehicles in the California fleet as of January 1, 2024, that meet the criteria specified in (1) through (3) below:
(1) Must exclusively be fueled with biomethane.
(2) Eligible garbage vehicle configurations are rear-, side-, and front-loader compactor trucks, tractors exclusively used as transfer trucks, and roll-off trucks.
(3) Eligible wastewater vehicle configurations are all vehicles that directly support the operation of facilities that collect and process diverted in- state organic waste to produce biomethane.
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(4) Each vehicle that no longer meets the criteria specified in section 2015.3(e)(1) through (3) will reduce the number of eligible vehicles from each originally designated Milestone Group by one, unless the vehicle is replaced with a ZEV or another eligible ICE vehicle that is exclusively fueled with biomethane.
(5) Fleet owners utilizing this option must report fleet and vehicle information as specified in section 2015.4(c)(1)(J) and keep records as specified in section 2015.5(m).
(6) ZEV Milestone Calculation Adjustment. For vehicles that meet the criteria, each year the count of eligible waste and wastewater fleet vehicles in Milestone Group 1 will be subtracted from the count of vehicles in Milestone Group 1 and added to Milestone Group 3, and the count of eligible waste and wastewater fleet vehicles in Milestone Group 2 will be subtracted from the count of vehicles in Milestone Group 2 and added to Milestone Group 3, as specified in section 2015.2(e). No adjustment will be made for eligible waste and wastewater vehicles that already are designated in Milestone Group 3.
(f) Exemptions and Extensions. Fleet owners complying with the ZEV Milestones Option specified in section 2015.2 may utilize the following exemptions and extensions if the specified criteria are met:
(1) Backup Vehicle Exemption. Fleet owners may exclude designated backup vehicles from the vehicle count for each Milestone Group when determining the ZEV Milestone Calculation specified in section 2015.2(b) if it is designated as a backup vehicle as specified in section 2015.3(a). (2) Daily Usage Exemption. Fleet owners may request an exemption to purchase a new ICE vehicle and exclude it from the ZEV Fleet Milestone Calculation specified in section 2015.2(b). Fleet owners must request and obtain this exemption pursuant to the criteria specified in section 2015.3(b) no later than one year before the next applicable upcoming ZEV Fleet Milestone compliance date specified in section 2015.2(a). The Executive Officer will grant this exemption only if the fleet owner demonstrates their next applicable upcoming ZEV Fleet Milestone cannot be reached without exemptions by requesting and obtaining exemptions for all other ICE vehicles in their California fleet. (3) ZEV Infrastructure Delay Extension. Fleet owners may request an extension to count an ICE vehicle being replaced as a ZEV when determining compliance with the ZEV Milestone Calculation specified in A-2-29
section 2015.2(b). The fleet owner must request and obtain the extension pursuant to the applicable criteria specified in section 2015.3(c) no later than 45 calendar days before the next applicable upcoming ZEV Fleet Milestone compliance date specified in section 2015.2(a). (4) Vehicle Delivery Delay Extension. Fleet owners may request an extension to count an ICE vehicle as a ZEV when determining compliance with the ZEV Milestone Calculation specified in section 2015.2(b). Fleet owners must request and obtain this extension pursuant to the criteria specified in section 2015.3(d). Fleet owners must request this extension no later than February 1 of the same calendar year as the next applicable ZEV Fleet Milestone compliance date specified in section 2015.2(a). The fleet owner may transfer the extension to another vehicle in the fleet if the criteria specified in section 2015.3(d)(2) are met.
(5) ZEV Purchase Exemption. Fleet owners must use the exemption in section 2015.3(e)(1) or request the exemption in section 2015.3(e)(2) no later than one year before the next applicable upcoming ZEV Fleet Milestone compliance date specified in section 2015.2(a). The Executive Officer will grant the following exemptions only if the fleet owner demonstrates their next applicable upcoming ZEV Fleet Milestone cannot be reached without exemptions by requesting and obtaining exemptions for all other ICE vehicles in their California fleet. (A) ZEV Purchase Exemption List. Fleet owners shall receive an exemption to purchase a new ICE vehicle and exclude it from the ZEV Milestone Calculation specified in section 2015.2(b) pursuant to the criteria specified in section 2015.3(e)(1).
(B) ZEV Purchase Exemption Application. Fleet owners may request and obtain an exemption to purchase a new ICE vehicle and exclude it from the ZEV Milestone Calculation specified in section 2015.2(b) pursuant to the criteria specified in section 2015.3(e)(2). (6) Declared Emergency Response. Fleet owners may exclude vehicles that are performing emergency operations from the ZEV Milestones Option requirements specified in section 2015.2 during declared emergency events pursuant to the criteria specified in section 2015.3(f)(1). (7) Mutual Aid Assistance. Fleet owners may request an exemption to purchase new ICE vehicles and exclude them from the ZEV Milestone Calculations specified in section 2015.2(b). Fleet owners must request and obtain this exemption pursuant to the criteria specified in section A-2-30
2015.3(f)(2). ICE vehicles purchased pursuant to a granted exemption may operate as part of the regular California fleet and are not restricted solely to mutual aid functions.
(8) Five-day Pass. Fleet owners may request a five-day pass to exclude any vehicle from the California fleet for five consecutive days once per calendar year per vehicle in their fleet pursuant to the criteria specified in section 2015.3(g).
(9) Intermittent Snow Removal Vehicles. Fleet owners shall receive an exemption to exclude intermittent snow removal vehicles from the ZEV Milestone Calculation specified in section 2015.2(b) until January 1, 2030, if the Executive Officer designates the vehicle as an intermittent snow removal vehicle pursuant to the criteria in section 2015.4(m).
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.
Adopt Section 2015.3 of title 13, California Code of Regulations, to read as follows:
§ Section 2015.3. High Priority and Federal Fleets Exemptions and Extensions.
Fleet owners may request the following exemptions or extensions if their California fleets comply with all applicable requirements. Fleet owners requesting or utilizing any exemptions or extensions must meet applicable reporting and recordkeeping requirements for each exemption or extension as specified in sections 2015.4 and 2015.5. Any exemptions or extensions granted to a fleet owner are not transferrable to another fleet owner. The Executive Officer will respond to exemption or extension requests as specified in section 2015.4(k).
(a) Backup Vehicle Exemption. Fleet owners may designate vehicles as backup vehicles during the January reporting period as specified in section 2015.4(b) and renew such designations annually only if the criteria in (1) and (2) below are satisfied:
(1) The vehicle is operated less than 1,000 miles per year excluding any mileage travelled under contract while performing emergency operations in support of a declared emergency event; and
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(2) The fleet owner must report the vehicle as a backup vehicle and must submit odometer readings as specified in section 2015.4(f). (3) Backup vehicles that no longer meet the criteria specified in (1) and (2) above cannot be operated in California and must be removed from the California fleet if the vehicle is out of compliance with section 2015.1, or the fleet is out of compliance with section 2015.2.
(b) Daily Usage Exemption. Fleet owners may request an exemption as specified in sections 2015.1(c)(2) and 2015.2(f)(2) to purchase a new ICE vehicle of the same configuration as an ICE vehicle being replaced as specified in section 2015.3(b)(1) if no new BEV is available to purchase that can meet the demonstrated daily usage needs of any existing vehicles of the same configuration in the fleet, as determined by the criteria specified in section 2015.3(b)(2) through (5). If approved, fleet owners must place their new ICE vehicle orders within 180 calendar days, and government fleet owners must place their new ICE vehicle orders within one year, from the date the exemption is granted. Fleet owners may request this exemption only if at least ten percent of their California fleet is comprised of ZEVs or NZEVs. The Executive Officer will not approve exemption requests for a vehicle configuration that is available to purchase as: an NZEV; an FCEV; a Class 2b or 3 BEV with a rated energy capacity of at least 150 kilowatt-hours; a Class 7 or 8 BEV tractor or BEV three- axle bus with a rated energy capacity of at least 1,000 kilowatt-hours; a Class 4 through 6 BEV with a rated energy capacity of at least 325 kilowatt-hours; or a Class 7 or 8 BEV that is not a tractor or three-axle bus with a rated energy capacity of at least 450 kilowatt-hours. The fleet owner must submit the following information by email to [email protected] to apply:
(1) Submit the make, model, weight class, configuration, and a photograph of the ICE vehicle to be replaced.
(2) Identify the BEV that is available to purchase in the same weight class and configuration with the highest rated energy capacity available.
Submit the make, model, weight class, configuration, and rated energy capacity of the identified BEV.
(3) Calculate the range of the vehicle identified in section 2015.3(b)(2) in miles by dividing the rated energy capacity of the identified BEV by the following factors: for Class 2b through 3 vehicles, 0.6 kilowatt-hours per mile; for Class 4 through 6 vehicles, 1.3 kilowatt-hours per mile; for Class 7 and 8 vehicles that are not tractors, 1.8 kilowatt-hours per mile; for Class 7 and 8 tractors, 2.1 kilowatt-hours per mile. For vehicles that operate truck-mounted or integrated equipment while stationary, in lieu A-2-32
of calculating the needed rated energy capacity based on vehicle miles travelled, the needed rated energy capacity is the same as measured BEV energy use specified in section 2015.3(b)(3)(A). Submit the calculation and results.
(A) In lieu of calculating range as specified in section 2015.3(b)(3), fleet owners may instead submit measured BEV energy use data from BEVs of the same configuration already operated on similar daily assignments to substantiate their exemption request.
Information must include vehicle loading and weight data, route grade, average ambient daily temperature, vehicle miles travelled per day, energy used to drive, and state of charge at the beginning and end of the daily shift to show typical daily energy usage for the BEV, over five consecutive business days. For vehicles that operate truck-mounted or integrated equipment while stationary, the information must also include the energy used while stationary and number of hours such truck-mounted or integrated equipment is operated each day.
(4) Submit a daily usage report for a period of at least 30 consecutive workdays from within the last 12 months using telemetry data or other data collection system that tracks daily mileage and energy use, and hours of vehicle operation if applicable, for all ICE vehicles of the same weight class and configuration of the vehicle to be replaced. Fleet owners that have a mutual aid agreement to send vehicles to assist other entities during a declared emergency event may alternatively submit this report from within the last 60 months. The report must include the daily miles traveled and energy used to drive for each ICE vehicle of the same weight class and configuration of the vehicle to be replaced. Identify the lowest mileage or energy use reading for each day and exclude the three highest readings. For the exemption to be granted, the highest remaining mileage or energy use number must be greater than either the range calculated in 2015.3(b)(3) or the energy use data submitted per section 2015.3(b)(3)(A).
(A) For vehicles that operate truck-mounted or integrated equipment while stationary, the daily usage report must include the energy used while stationary and number of hours such truck-mounted or integrated equipment is operated each day, for at least 30 consecutive workdays from within the last 12 months.
(5) Submit a description of the daily assignments or routes used by existing vehicle configurations with an explanation of why all BEVs available to A-2-33
purchase of the same weight class and configuration cannot be charged or fueled during the workday at the depot, within one mile of the routes, or where ZEV fueling infrastructure is available. The explanation must include a description of why charging could not be managed during driver rest periods or breaks during the workday.
(6) In granting or denying the exemption request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria specified in section 2015.3(b).
(c) ZEV Infrastructure Delay Extension. Fleet owners may request the following extensions as specified in sections 2015.1(c)(3) and 2015.2(f)(3) if they experience delays due to circumstances beyond their control on a project to install ZEV fueling infrastructure. Fleet owners may only request the following extensions for ICE vehicles being replaced at the site experiencing the delay.
These extensions also apply for locations where the fleet owner has entered into a contract of one year or longer to charge or fuel their ZEVs at a single location prior to beginning the infrastructure project. The fleet owner must request the following extensions at least 45 calendar days prior to the next applicable compliance date for CARB to consider the request. (1) ZEV Infrastructure Construction Delays. Fleet owners may request this extension if they experience a construction delay due to circumstances beyond their control. The Executive Officer will grant an extension for up to two years, beginning on the applicable compliance date for the number of vehicles that qualify for the extension, per project if they determine the fleet owner meets the criteria specified below. The fleet owner must submit the documents specified in subsections (A) through (D) below by email to [email protected] to apply:
(A) Documentation showing the executed contract for the ZEV fueling infrastructure installation including a construction permit indicating the permit issuance date is at least one year prior to the next applicable compliance deadline.
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(B) Documentation showing the delay is a result of any of the following circumstances that occurred after the fleet owner obtained the construction permit identified in section
2015.3(c)(1)(A): change of a general contractor; delay in manufacture and shipment of ZEV fueling infrastructure
equipment; delays obtaining power from a utility; delays due to unexpected safety issues on the project; discovery of
archeological, historical, or tribal cultural resources described in the California Environmental Quality Act, Public Resources Code division 13, section 21000 et. seq.; or natural disasters. (C) A letter to CARB from the responsible official explaining the reason for the delay, why retail ZEV fueling infrastructure cannot be used, the estimated completion date of the project, and documentation supporting the reason for the delay from the licensed contractor performing the work, related utility, building department, or other organization involved in the project. (D) Documentation showing the executed ZEV purchase agreement. (E) In granting or denying the extension request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria in section 2015.3(c)(1). (2) ZEV Infrastructure Site Electrification Delays. Until January 1, 2030, fleet owners may request this extension if their electric utility provider determines it cannot provide the requested power to the site where ZEVs will be charged or refueled before the fleet’s next ZEV compliance deadline. The Executive Officer will grant an extension for the time period specified in section 2015.3(c)(2)(A) and number of vehicles specified in section 2015.3(c)(2)(B) if they determine the fleet owner satisfies the criteria for this delay, based on the information submitted below and the exercise of their good engineering judgment. The fleet owner must meet the criteria in subsections (A) and (B) and submit the documentation or information specified in subsection (C) below by email to [email protected]:
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(A) Site Electrification Delay Time Period. Fleet owners may request an initial extension for a period of up to three years from the applicable compliance date, based on the amount of time the utility determines it needs to supply the needed power to the site.
Fleet owners can request an additional two-year extension if the utility still cannot supply the needed power by the end of any granted initial extension period. To renew the initial extension, a fleet owner must submit updated supporting documentation at least 45 calendar days prior to the expiration of the initial extension period.
(B) Number of Vehicle Extensions. A fleet owner may request an extension for the number of ZEVs for which, based on information submitted in section 2015.3(c)(2)(C), the utility cannot supply sufficient power. The fleet owner must deploy the maximum number of ZEVs needed to meet its compliance obligations and that can be supported by the utility, and must deploy any additional ZEVs that can be supported by utility upgrades to the site’s electrical capacity each calendar year during the delay until the project is complete to maintain the extension.
(C) The fleet owner must submit all of the following information by email to [email protected] to request this extension:
1. A copy of the application submitted to the utility requesting site electrification that is consistent with the number of ZEVs the fleet owner must deploy each calendar year to
meet their compliance requirements during the requested extension period.
2. The utility’s response showing that the project will take longer than a year, and the executed utility contract. If a utility is unable or unwilling to execute a contract, a fleet owner must submit the initial contract or application
requesting site electrification to the utility, and a signed attestation from the utility stating they will proceed with the project.
3. Documentation indicating the reason for the delay, an estimate provided by the utility of the available electrical capacity in kilowatts the utility can supply to the site within one year of the extension request and for each year of the requested delay, and estimated project completion date.
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4. Information about the ZEV fueling infrastructure equipment that can be installed consistent with the utility’s capacity estimate and the associated number, configuration, and
weight class of the ZEVs that can be supported by such
equipment within one year of the extension request and for each year of the requested extension. The information must include:
a. The number, type, and rated capacity for chargers in kilowatts; or
b. For hydrogen stations, dispensing capacity in
kilograms per day and the electrical demand in
kilowatts.
5. Fleet owners with multiple sites where vehicles are
domiciled must submit a copy of each site’s infrastructure capacity evaluation from the utility or a third-party licensed professional electrical engineer with the information
required to be submitted in sections 2015.3(c)(2)(C)(3.) and (4.).
(D) In granting or denying the extension request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria in section 2015.3(c)(2). (d) Vehicle Delivery Delay Extension. Fleet owners may request an extension as specified in sections 2015.1(c)(4) and 2015.2(f)(4) until a ZEV they have ordered is received if they have placed an order for a ZEV prior to the fleet owner’s next applicable compliance date as specified in section 2015.3(d)(1)(B), but the ZEV cannot be delivered to the fleet owner by the next applicable compliance date due to circumstances beyond the fleet owner’s control. The fleet owner must meet the following criteria:
(1) Fleet owners must email the following information to [email protected] during the annual reporting period specified in section 2015.4(b):
(A) VIN of the ICE vehicle for which the extension is being requested. (B) A purchase agreement that meets the following criteria:
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1. It is a written, signed, and dated legally binding contract.
The extension cannot be claimed if the purchase agreement is modified by the fleet owner within one year of the
compliance deadline. Letters of intent or other agreements that are not binding, or that are contingent upon other decisions that remain unresolved within one year of the upcoming deadline, are not sufficient to qualify for the extension;
2. It identifies the specific ZEV that the fleet owner committed to purchase, the date of the purchase, and that the
purchase is for immediate delivery to the fleet owner in California; and
3. It shows the new ZEV was ordered at least one year prior to the next upcoming ZEV Fleet Milestone if using the ZEV
Milestones Option specified in section 2015.2, or ICE
vehicle removal date for a vehicle that must be removed from the California fleet per the Model Year Schedule
section 2015.1(b). If the order was placed before January 1, 2024, the purchase agreement must show the order was
placed on or before October 1, 2023.
(2) Manufacturer Cancellation. If a vehicle manufacturer cancels a purchase agreement for ZEVs used to qualify for this extension due to circumstances beyond the control of the fleet owner, the fleet owner must secure another purchase agreement for ZEVs within 180 calendar days of the cancellation, except for government fleet owners who must secure another purchase agreement within one year of the cancellation.
Fleet owners must submit a copy of the manufacturer cancellation notice within 30 calendar days of the cancellation and must submit the new ZEV purchase agreement within 30 calendar days of placing the order to [email protected] to maintain the extension. If no ZEV is available to purchase, the fleet owner may request the ZEV Purchase Exemption specified in section 2015.3(e).
(3) Fleet Owner Cancellation. If a fleet owner cancels a purchase agreement used to qualify for this extension, the claim for the extension will be treated as invalid and the agreement will be treated as if it were never executed.
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(4) In granting or denying the exemption request, the Executive Officer will rely on the information submitted by the applicant and utilize their good engineering judgement to determine whether the information meets the criteria in section 2015.3(d).
(e) ZEV Purchase Exemption. Fleet owners may request exemptions as specified in sections 2015.1(c)(5) and 2015.2(f)(5) to purchase a new ICE vehicle if a needed configuration is not available to purchase as a ZEV or NZEV under either the ZEV Purchase Exemption List of section 2015.3(e)(1) or the ZEV Purchase Exemption Application of section 2015.3(e)(2).
(1) ZEV Purchase Exemption List. The Executive Officer will establish and maintain a list of vehicle configurations on the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-
work/programs/advanced-clean-fleets no later than January 1, 2025. That list will specify vehicle configurations that are not available to purchase as ZEVs or NZEVs and the date the exemption expires for listed configurations as specified in section 2015.3(e)(2)(G). The list will include the configurations specified in section 2015.3(e)(1)(A). The Executive Officer will rely on the information submitted and gathered in section 2015.3(e)(2) and utilize their good engineering and business judgement to determine if the information establishes that the criteria in sections 2015.3(e)(2)(C) through (G) are met when determining whether to add a vehicle configuration to the list or to identify the expiration date for a vehicle configuration on the list. The list will not include the following configurations: pickups, any buses, box trucks, vans, or any tractors. Fleet owners may purchase a new ICE vehicle of the same configuration and weight class as one on the list, report the purchase as specified in section 2015.4(i), and keep records as specified in section 2015.5(j), and CARB will recognize that vehicle as having met the criteria for the exemption. (A) Configurations List. The list will include the following configurations: Bucket truck, boom truck, dump truck, flatbed truck, stake bed truck, front-loader refuse compactor truck, side- loader refuse compactor truck, rear-loader refuse compactor truck, refuse roll-off truck, service body truck, street sweeper, tank truck, tow truck, water truck, car carrier truck, concrete mixer truck, concrete pump truck, crane, drill rig, vacuum truck.
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(2) ZEV Purchase Exemption Application. Fleet owners may request an exemption as specified in sections 2015.1(c)(5) and 2015.2(f)(5) to purchase a new ICE vehicle of the same configuration as an ICE vehicle being replaced as specified in section 2015.3(e)(2)(A)1.. If approved, fleet owners must place their new ICE vehicle orders within 180 calendar days, and government fleet owners must place their new ICE vehicle orders within one year, from the date the exemption is granted. The fleet owner must submit the information specified in (A) and (B) below by email to [email protected]. The Executive Officer will rely on the information submitted in sections 2015.3(e)(2)(A) and (B) and their good engineering and business judgement to determine if the information establishes that the criteria specified in sections 2015.3(e)(2)(C) through (G) are met:
(A) Fleet owners must submit the following information about the vehicle configuration needed:
1. Make, model, weight class, configuration, whether the vehicle has a crew cab, cabover, or all-wheel drive, and clear and legible photographs of the entire left and right sides of the vehicle with doors closed showing the vehicle’s body configuration, for an existing ICE vehicle being
replaced in the fleet;
2. A list of any frame attachments other than the body itself necessary to support or perform the primary intended
function of the vehicle. Examples of frame attachments
include rail wheels and stabilizing outriggers; and
3. The make and model of the body equipped on the vehicle, if applicable.
(B) Fleet owners must also submit documentation from two or more manufacturers that offer ZEV or NZEV chassis, or complete ZEVs or NZEVs, that states the manufacturer does not offer for sale ZEV or NZEV chassis, or complete ZEVs or NZEVs, of the needed configuration submitted in section 2015.3(e)(2)(A). If there are no manufacturers offering ZEV chassis, the statements can come from other vehicle manufacturers.
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(C) After receiving a complete submission, the Executive Officer shall rely on information gathered from fleet owners or manufacturers, including information gathered to comply with other CARB- administered programs, manufacturer websites, manufacturer documentation, authorized dealers, CARB-issued Executive Orders, and their good engineering and business judgement to determine whether the configuration is available for purchase as a ZEV or NZEV from any manufacturer, and whether the identified body submitted in section 2015.3(e)(2)(A)3. or a body from another manufacturer that can perform the same primary intended function can be installed on the offered ZEV or NZEV. If the Executive Officer does not have sufficient information to make the determination, they shall solicit public feedback regarding the information submitted by the fleet owner specified in section 2015.3(e)(2)(A) from vehicle manufacturers and authorized dealers on the CARB Advanced Clean Fleets webpage, available at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets, to assist in making the determination.
(D) The Executive Officer shall consider an offered ZEV or NZEV available to purchase if all of the following criteria are met:
1. If applicable, the manufacturer has certified the ZEV’s powertrain with CARB in accordance with the “California Standards and Test Procedures for New 2021 and
Subsequent Model Heavy-Duty Zero-Emission Powertrains,” as adopted June 27, 2019, which is incorporated by
reference herein;
2. ZEVs or NZEVs offered have a model year 18 months or less from the date the fleet owner submitted the complete
exemption request;
3. ZEV or NZEV configuration is not solely for demonstration, test, or experimental purposes;
4. ZEVs or NZEVs are not offered as a temporary placeholder for a vehicle that may or may not be offered for sale in the future; and
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5. ZEVs or NZEVs do not conflict with safety standards that the fleet owner is subject to, if applicable, as prescribed under title 8, CCR, by the California Department of
Industrial Relations, Division of Occupational Safety and Health, comparable federal or state health and safety laws where the vehicle operates, or federal highway safety laws.
The fleet owner must identify which of these safety laws or standards would be in conflict and for what reasons in their application.
(E) If the Executive Officer identifies any manufacturer or authorized dealer that offers for sale a ZEV or NZEV chassis, or complete ZEV or NZEV in the same or next higher weight class, except for Class 8 vehicles which must only be in the same weight class, in the needed configuration, with the needed frame attachments, and on which the identified body submitted in section 2015.3(e)(2)(A) or an equivalent body from another manufacturer or authorized dealer that can perform the same primary intended function can be installed, the Executive Officer will supply the names of manufacturers or authorized dealers to the fleet owner applicant, deny the exemption request, and remove the vehicle
configuration from the ZEV Purchase Exemption List pursuant to section 2015.3(e)(2)(G).
(F) If the Executive Officer cannot identify any manufacturer that offers a ZEV or NZEV chassis. or complete ZEV or NZEV for sale in the needed configuration and weight class, the vehicle
configuration will be added to the ZEV Purchase Exemption List specified in section 2015.3(e)(1).
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(G) The Executive Officer will rely on information gathered from fleet owners or manufacturers, including information gathered to comply with other CARB-administered programs, manufacturer websites, manufacturer documentation, authorized dealers, CARB- issued Executive Orders, and their good engineering and business judgement to determine whether any vehicle configuration listed on the ZEV Purchase Exemption List specified in section 2015.3(e)(1) no longer meets the criteria specified in section 2015.3(e)(2)(C) through (G). If such a determination is made, on the Advanced Clean Fleets website, the Executive Officer will notify the public of the determination by posting the vehicle configuration, weight class, and exemption expiration date on and after which the vehicle will no longer be eligible to purchase as an ICE vehicle from the ZEV Purchase Exemption List, which shall be the first day of the month after 180 calendar days after posting the determination.
(H) The Executive Officer will notify the fleet owner by email whether the exemption has been approved within 45 calendar days from the date a complete application is received. If the Executive Officer does not respond within this timeframe, the exemption will be deemed approved.
(I) Fleet owners whose exemption request has been granted must comply with the reporting and recordkeeping requirements specified in sections 2015.4(i) and 2015.5(j).
(f) Exemptions Pursuant to Declared Emergency Events.
(1) Declared Emergency Response. Any vehicle dispatched by a local, state, federal, or other responsible emergency management agency or its contractors to support a declared emergency event shall be exempt from the requirements specified in sections 2015.1 and 2015.2 for the duration of the emergency event. Fleet owners must keep records as specified in sections 2015.5(a)(4) and 2015.5(g). Fleet owners must also provide proof of the contract with the emergency management agency to entities whose vehicles perform emergency operations under that contract that are otherwise not complying with this article.
(2) Mutual Aid Assistance. Fleet owners may request this exemption as specified in sections 2015.1(c)(7) and 2015.2(f)(7) to purchase new ICE vehicles. The total number of new ICE vehicles allowed to be purchased under this exemption must not exceed 25 percent of the total number of A-2-43
vehicles in the fleet owner’s California fleet in the calendar year the exemption is approved, less the number of ICE vehicles already in the fleet purchased pursuant to any granted exemption. Fleet owners must have a mutual aid agreement to send vehicles to assist other entities during a declared emergency event to apply. The California fleet must be comprised of ZEVs in the following minimum proportions to apply: at least 25 percent until January 1, 2032; 50 percent until January 1, 2035; and 75 percent thereafter. This exemption does not apply to pickup trucks, buses, box trucks, vans, tractors, or any vehicle configurations available to purchase as NZEVs. The Executive Officer will rely on the information submitted in sections 2015.3(f)(2)(A) through (E) and their good engineering judgment in determining whether the information establishes that the criteria in sections 2015.3(f)(2)(B) and (C) are met.
The fleet owner must submit the following by email to
[email protected] to apply:
(A) The make, model, weight class, configuration, and a photograph of the needed ICE vehicle;
(B) Documentation from each manufacturer offering ZEVs for sale of the same configuration and weight class as the ICE vehicle identified in section 2015.3(f)(2)(A) describing the charging or fueling connector and charging or fueling time capability; (C) Documentation from three mobile ZEV fueling providers, with mobile fueling options that are compatible with the vehicle’s charging or hydrogen fueling connector and system identified in section 2015.3(f)(2)(B) to show the ZEV cannot be refueled from 10 to 80 percent of the ZEV’s rated energy capacity within one hour.
If less than three mobile fueling providers have compatible mobile ZEV fueling options for the ZEV, documentation must be
submitted from all mobile ZEV fueling providers that do have compatible mobile fueling options;
(D) A copy of the mutual aid agreement in effect with other entities to assist with affected vehicles during declared emergency events; and
(E) A letter to the Executive Officer that has an explanation of the reason for the exemption request.
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(g) Five-day Pass. Until January 1, 2035, fleet owners may request a five-day pass from the Executive Officer and the Executive Officer will issue a pass if the criteria specified in sections 2015.3(g)(1) and (2) are met. An approved pass is effective beginning at 12:00 a.m. on the start date requested and ending five consecutive 24-hour periods later. The pass cannot be changed once issued.
The vehicle’s operator must carry and provide to CARB enforcement personnel upon request a physical or electronic copy of an approved pass, or a copy of the email submitted pursuant to section 2015.3(g)(1). If no response is received from the Executive Officer within five days of requesting a pass pursuant to section 2015.3(g)(1), the pass is deemed approved for that vehicle. (1) The fleet owner must submit information in the TRUCRS reporting system about the entity specified in sections 2015.4(c)(1)(A) through (K) and section 2015.4(c)(1)(O), and the vehicle specified in sections 2015.4(c)(2)(A) through (G) and section 2015.4(c)(2)(M). The fleet owner must also indicate the first day the pass will be used. If the TRUCRS reporting system is down for maintenance or otherwise not available for reporting, the fleet owner must email [email protected] with this information.
(2) The vehicle has not been operated in California and has not been issued a pass during the requested calendar year of entry.
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.
Adopt Section 2015.4 of title 13, California Code of Regulations, to read as follows:
§ Section 2015.4. High Priority and Federal Fleets Reporting. (a) Method of Reporting. Reports submitted to comply with sections 2015 through 2015.6 must be submitted online through the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets in the TRUCRS reporting system, except for exemption or extension requests requiring documentation to be submitted via [email protected]. (b) Reporting Deadline and End Date. Except as specified in section 2015.4(e), no later than February 1 of each year until February 1, 2045, fleet owners must annually submit a compliance report that includes all of the information A-2-45
specified in section 2015.4 for their California fleet as it is composed as of January 1 of the corresponding calendar year. The initial report must be submitted by February 1, 2024. The annual reporting period is during the month of January.
(c) Fleet Reporting. Fleet owners must report all of the following:
(1) Entity Information.
(A) Entity name;
1. Fictitious business name, if applicable;
(B) Entity owner name;
(C) Entity physical and mailing addresses;
(D) Designated contact person name;
(E) Designated contact person phone number;
(F) Designated contact person email;
(G) Federal Taxpayer Identification Number;
(H) The following operating authority numbers, if applicable: motor carrier identification number, United States Department of Transportation number, California Carrier Identification number, California Public Utilities Commission transportation charter permit number, International Registration Plan number;
(I) Identify whether the fleet is a federal, state, or local government fleet;
(J) Identify whether the fleet owner is an interstate rental fleet owner or is a waste or wastewater fleet owner;
(K) Identify which of the following apply:
1. The reported fleet is owned by an entity with total annual gross revenue in the year prior to submitting the report that exceeds $50 million;
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2. The reported fleet owns, or operates under common
ownership and control with other fleets, 50 vehicles or more; or
3. The reported fleet is not in the scope of this article and is voluntarily being reported to be recognized as a “ZEV
fleet”.
(L) Newly formed or newly subject fleets must report the date the fleet was either formed or became subject to this article; (M) Fleets that fall below the threshold of the scope and applicability of this article must report the date the fleet became no longer subject to this article;
(N) Identify whether the fleet owner has elected to opt-in to the ZEV Milestones Option specified in section 2015.2; and
(O) Name of the responsible official.
(2) Vehicle Information. The fleet owner must report all of the following information for each vehicle in the California fleet. Controlling parties that comply as a whole with vehicles under common ownership or control as specified in section 2015(f) must also report the following information in their own CARB account for all vehicles in the California fleet including those operated under common ownership or control.
(A) VIN;
(B) Vehicle make and model;
(C) Vehicle model year;
(D) Vehicle license plate number and state or jurisdiction of issuance; (E) Vehicle GVWR (Less than or equal to 8,500 lbs., greater than 8,500 lbs. and equal to or less than 14,000 lbs., greater than 14,000 lbs. and equal to or less than 26,000 lbs., or greater than 26,000 lbs.); (F) Vehicle body type;
(G) Fuel and powertrain type;
(H) Date vehicle purchase was made;
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(I) Date vehicle was added to or removed from the California fleet; (J) Whether the vehicle will be designated under or was purchased pursuant to any exemption or extension specified in section 2015.3;
(K) Odometer, or if applicable, hubodometer readings for vehicles as specified in section 2015.4(f);
(L) Engine family for: any vehicles added to the California fleet after January 1, 2024; tractors with a vehicle model year that is 12 years old or older; and all other vehicles with a vehicle model year that is 17 years old or older;
(M) Engine model year for: any vehicles added to the California fleet after January 1, 2024; tractors with a vehicle model year that is 12 years old or older; and all other vehicles with a vehicle model year that is 17 years old or older;
(N) Whether the vehicle being reported by the controlling party is owned by another entity, if applicable;
(O) Funding contract start and end date for vehicles purchased with California State-funding if the vehicle is to be excluded during the funding contract period as specified by the funding program; (P) Identify whether the vehicle has a heavy front axle; (Q) ZEV Purchase Reporting. Fleet owners utilizing the Model Year Schedule specified in section 2015.1 that are replacing a vehicle pursuant to the ZEV Purchase Exemption specified in section 2015.3(e) must identify which vehicle is being replaced pursuant to the minimum useful life limitations specified in section 2015.1(c)(5); and
(R) Identify whether the vehicle is replacing another vehicle that was in an accident and is non-repairable, if applicable.
(d) Corporate Joint Compliance Reporting. If an entity chooses to comply jointly as specified in section 2015(h), each individual subsidiary or joint venture must report separately, and include the CARB-issued ID number of the primary controlling corporate parent, joint venture business, or designated primary entity.
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(e) Changes to an Existing Fleet. Fleet owners must comply with the following reporting requirements when adding or removing vehicles from the California fleet:
(1) Vehicles added to the California fleet must be reported within 30 calendar days of being added to the fleet;
(2) Vehicles that are permanently removed from the California fleet must be reported within 30 calendar days of removal. The report must include the date of removal;
(3) If a backup vehicle exceeds the allowable mileage limit the change must be reported within 30 calendar days of the date the mileage limit was exceeded; and
(4) ZEV Conversions. Fleet owners that convert a vehicle to a ZEV must report the vehicle’s new fuel type within 30 calendar days of being converted.
(f) Odometer Reading Reporting. This subsection applies to fleet owners that own or operate: backup vehicles; vehicles utilizing an exemption due to a declared emergency event as specified in section 2015.3(f)(1); tractors that are ICE vehicles or NZEVs with a vehicle model year that is 12 years old or older and are following the Model Year Schedule specified in section 2015.1; tractors that are ICE vehicles purchased pursuant to an exemption with a vehicle model year that is 12 years old or older and are following the ZEV Milestones Option specified in section 2015.2; or tractors that are ICE vehicles or NZEVs with a vehicle model year that is 12 years old or older and are following the ZEV Milestones Option specified in section 2015.2, but the fleet owner wants to switch to the Model Year Schedule specified in section 2015.1. Fleet owners meeting the above conditions must comply with the following reporting requirements:
(1) Odometer Readings. Report annually the odometer reading from January 1 of the current calendar year and the date the reading was recorded from a properly functioning odometer or hubodometer; (2) Odometer Failure and Replacement. If the vehicle’s originally equipped odometer has failed and is replaced, report the following information within 30 calendar days of the date the original odometer failed or was replaced, whichever comes first: the original odometer’s final reading, the new odometer’s initial reading, and the date of replacement; A-2-49
(A) Hubodometers. If the vehicle’s originally equipped odometer has failed and is not being replaced, the fleet owner must equip the vehicle with a hubodometer. Fleet owners must report the serial number of the hubodometer within 30 calendar days of the date the hubodometer was installed;
(3) Emergency Mileage. The fleet owner must report the number of miles travelled in support of an emergency for backup vehicles used in emergency operations that would exceed the backup vehicle mileage limit, or other vehicles utilizing an exemption due to a declared emergency event as specified in section 2015.3(f)(1).
(g) Vehicle Delivery Delay Reporting. Fleet owners utilizing the Vehicle Delivery Delay extension will have 30 calendar days to report the delivery of the newly added ZEV and to either remove the ICE vehicle from the California fleet or to designate it as a backup vehicle.
(h) Rental Vehicle Option Reporting. Individual rental vehicles rented fewer than 180 calendar days under contract with origins and destinations in California do not need to be reported if using the Rental Vehicle Option specified in section 2015.2(d). Interstate rental fleet owners must report the average number of rental vehicles in California within each Milestone Group as determined by contracts or telemetry data as specified in section 2015.2(d). (i) ZEV Purchase Exemption Supporting Documentation Reporting. Fleet owners that purchase an ICE vehicle pursuant to the ZEV Purchase exemption specified in section 2015.3(e) must submit an email to [email protected] within 30 calendar days of receiving the new ICE vehicle with the purchase agreement and the following clear and legible digital photographs of:
(1) VIN/GVWR label (typically located on the driver side door or door jamb); (2) License plate with driver’s side of the vehicle visible; (3) Entire left side of the vehicle with doors closed showing the vehicle’s body configuration; and
(4) Entire right side of the vehicle with doors closed showing the vehicle’s body configuration.
(j) Requirement For Signature. All reports submitted to CARB electronically are considered signed by the responsible official. Hard-copy documentation submitted must be signed by the responsible official.
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(k) Method for Requesting and Approval of Exemptions or Extensions. The Executive Officer will notify the fleet owner by email whether any exemption or extension requests that are required to be submitted to [email protected] are approved within 45 calendar days from receipt of a complete submission. (l) Late Reporting. Until January 1, 2027, fleet owners that submit initial reporting information specified in section 2015.4 after the initial reporting deadline specified in section 2015.4(b) may still establish the vehicles in their California fleet as of January 1, 2024, by reporting the information in the TRUCRS Reporting System and submitting vehicle records specified in section 2015.5(a) to CARB by email to [email protected] when submitting their late report.
Beginning January 1, 2025, fleet owners that submit initial reporting information specified in section 2015.4 after the initial reporting deadline specified in section 2015.4(b) are also subject to penalties specified in section 2015.6(b)(1). (m) Intermittent Snow Removal Vehicle Reporting. Fleet owners may request that vehicles be designated by the Executive Officer as intermittent snow removal vehicles by submitting via email to [email protected] a copy of the vehicle’s specifications sheet from the manufacturer showing the vehicle meets the definition of an intermittent snow removal vehicle, or the following clear and legible digital photographs. The Executive Officer will rely on the information and photos submitted by the fleet owner and their engineering judgement to determine whether vehicle meets the definition of an intermittent snow removal vehicle specified in section 2015(b) and will notify the fleet owner via email within 45 days of receiving a request whether the request is approved. If approved, the Executive Officer will immediately designate the requested vehicles as intermittent snow removal vehicles:
(1) VIN/GVWR label (typically located on the driver side door or door jamb); (2) License plate with driver side of the vehicle visible; (3) Entire left side of the vehicle with doors closed showing the vehicle’s body configuration;
(4) Entire right side of the vehicle with doors closed showing the vehicle’s body configuration; and
(5) The plow mounting attachment and control system; traction material spreader attachment and control system; or the de-icing system attachment and control system.
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, A-2-51
43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code Adopt Section 2015.5 of title 13, California Code of Regulations, to read as follows:
§ Section 2015.5. High Priority and Federal Fleets Recordkeeping.
Fleet owners must keep records of reported information required in reporting section 2015.4 and documentation specified in this section for a period of at least five years.
Fleet owners must make such records available in an electronic or paper format to CARB staff within 72 hours of a written or verbal request for audit. The following records are required to be kept and provided upon request for vehicles in the California fleet:
(a) Entity and Vehicle Documentation. The following records are required to be kept for vehicles in the California fleet:
(1) Records of all vehicle information required to be reported as specified in section 2015.4.
(2) Vehicle purchase, rental, and leasing documents, such as purchase agreements, orders, notices to proceed, leasing agreements, or rental agreements for the vehicles.
(3) The following information for all vehicles that have been removed from the California fleet:
(A) If the vehicle is sold, a transfer of liability form filed with DMV, including the date of sale and odometer reading at the time of sale;
(B) If the vehicle is transferred out-of-state, but not sold, a copy of the out-of-state registration;
(C) If the vehicle is registered with DMV as non-revivable junked or dismantled, a copy of the registration demonstrating it was filed as such with DMV; and
(D) If the vehicle is sold or consigned to an auction house, a copy of the contract and the transfer of liability form filed with DMV, if applicable.
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(4) Emergency Operation Dispatch Documentation. Fleet owners with backup vehicles that perform emergency operations or other emergency support vehicles utilizing the exemptions specified in section 2015.3(f) must keep records to document dispatch by a local, state, federal, or other emergency management agency. Additionally, fleet owners of emergency support vehicles utilizing the exemptions specified in section 2015.3(f) must keep records of any contracts with a company or agency that was dispatched by a government agency to support emergency operations.
(5) Gross Annual Revenue Documentation. Entities that are subject to this article based on gross annual revenues as specified in section 2015(a)(1) must keep tax filing records that show the entity’s gross annual revenues. (b) Operator Documentation. Fleet owners must keep documentation identifying the entity responsible for paying the driver and any applicable shipping documentation or other documentation that identifies the origin and destination of the cargo and the pick-up and termination destination of the cargo.
(c) Odometer Reading Documentation. Fleet owners required to report odometer readings must keep records of the vehicle miles traveled. Acceptable records are those that have an odometer reading from the vehicle and are provided in smoke opacity test results, Basic (previously Biennial) Inspection of Terminals inspection forms, California Highway Patrol-Truck and/or Tractor Maintenance and Safety Inspections Forms (108-Form), maintenance or service work orders, invoices or receipts, unaltered photographs of the odometer or hubodometer, driver logs or inspection sheets, or onboard diagnostics system information downloads that include the vehicle miles travelled or odometer information.
Fleet owners of backup vehicles used in emergency operations in support of a declared emergency event or for an exemption due to a declared emergency event as specified in section 2015.3(f) must keep and provide records that document vehicle mileage accrued in support of an emergency event. (d) Vehicle Delivery Delay Documentation. Fleet owners that utilize the Vehicle Delivery Delay extension must keep copies of the purchase agreement used to qualify for the extension and documentation of order cancellations by the manufacturer outside the control of the fleet owner submitted to CARB as specified in section 2015.3(d) to support their request and qualifications for the extension.
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(e) Daily Usage Exemption Documentation. Fleet owners utilizing the Daily Usage Exemption must keep copies of documents submitted as specified in section 2015.3(b).
(f) ZEV Infrastructure Delay Documentation. Fleet owners utilizing the ZEV Infrastructure Delay Extension must keep copies of documents submitted as specified in section 2015.3(c).
(g) Documentation for Exemptions Pursuant to Declared Emergency Events. Fleet owners utilizing the Exemptions Pursuant to Declared Emergency Events must keep copies of documents submitted as specified in section 2015.3(f). (h) Rental Vehicle Option Records. Interstate rental fleet owners utilizing section 2015.2(d) must keep all documents, records, contracts, global positioning system data, rental vehicle snapshots, or other data used to support their reported annual average number of rental vehicles in the California fleet as specified in section 2015.2(d).
(i) Hiring Entity Documentation. Hiring entities that are subject to section 2015(a)(3) must keep certificates of reported compliance or signed statements received from hired fleets used to verify that hired fleets are compliant with the applicable regulations. Additionally, hiring entities must keep copies of contracts with hired entities that include the disclosure of regulation applicability required by section 2015(g)(2).
(j) ZEV Purchase Exemption Documentation. Fleet owners utilizing the ZEV Purchase Exemption must keep copies of documents submitted as specified in section 2015.4(i), and copies of documents submitted as specified in section 2015.3(e).
(k) Intermittent Snow Removal Vehicle Documentation. Fleet owners approved to designate vehicles as intermittent snow removal vehicles must keep copies of the vehicle specification sheet from the manufacturer and photographs submitted to CARB as specified in section 2015.4(m).
(l) Sales Disclosure Documentation. Any person required to submit a sales disclosure as specified in section 2015(q) must keep a copy of the written sales disclosure.
(m) Waste and Wastewater Fleet Option Documentation. Fleet owners utilizing the Waste and Wastewater Fleet Option specified in section 2015.2(e) must keep the following evidence of eligibility for the option:
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(1) Documentation to show a waste fleet owner's eligibility must have provisions requiring the collection, hauling, and/or processing of diverted in-state organic waste. The following documents must be kept:
(A) Government agency waste fleets must keep a copy of the local ordinance, regulation, or code that includes the above eligibility provisions;
(B) Waste fleet owners that are not government agencies must keep a copy of the fleet owners’ franchise agreement or other contract with a government agency implementing organic waste diversion that meets the following criteria: it includes provisions specified in section 2015.5(m)(1), and either has a minimum term length of ten years, or a minimum term length of three years but includes a renewal provision when satisfying the contract terms.
(2) Documentation to show a waste fleet’s tractors are exclusively used as transfer trucks for transferring waste are a copy of the waste fleet’s internal database identifying which tractors are exclusively used as transfer trucks within the fleet.
(3) Documentation to show a wastewater fleet's eligibility are a copy of a permit or license to operate, or proof of ownership of, a wastewater treatment facility.
(4) Documentation to show vehicles are fueled exclusively using biomethane are records of all fuel contracts in effect for affected vehicles as of January 1, 2024, and all fuel contracts that are executed on and after January 1, 2024.
(5) Documentation to show wastewater vehicles are owned or exclusively assigned to the wastewater entity are a copy of the vehicle registration identifying the wastewater fleet as the owner, or documentation showing the vehicle was purchased with an account indicating expenses incurred by the wastewater entity and assigned to the wastewater fleet. (n) Non-repairable Vehicle Documentation. Fleet owners approved to utilize the Non-repairable Vehicle exemption of section 2015.1(c)(9) must keep records of the police report, insurance statement, or signed attestation, photographs, and information submitted to CARB as specified in section 2015.1(c)(9).
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(o) Documentation for ZEVs Operated In California. Fleet owners utilizing the ZEV Milestones Option of section 2015.2 must keep documentation showing each reported ZEV was operated in California during every calendar year in which the ZEV was reported as being part of the fleet owner’s California fleet, including:
the ZEV’s registration in California; Basic (previously Biennial) Inspection of Terminals inspection forms; California Highway Patrol-Truck and/or Tractor Maintenance and Safety Inspections Forms (108-Form); maintenance or service work orders; driver logs or inspection sheets; Global Positioning System (GPS) data; Electronic Logging Device (ELD) data; or telematics system data.
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.
Adopt Section 2015.6 of title 13, California Code of Regulations, to read as follows:
§ Section 2015.6. High Priority and Federal Fleets Enforcement. (a) Severability. If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this article is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this article. (b) Penalties. Any person who fails to comply with the requirements of this article, who fails to submit any information, report, or statement required by this article, or who knowingly submits any false statement or representation in any application, report, statement, or other document filed, maintained, or used for the purposes of compliance with this article may be subject to penalties. (1) Late Reporting Penalties. Beginning January 1, 2025, and until January 1, 2027, failure to submit any information required by section 2015.4 shall constitute a single, separate violation for each vehicle and each month the information is not submitted past the initial reporting period specified in section 2015.4(b). CARB will assess compliance violations based on the Model Year Schedule specified in section 2015.1 for fleet owners that report late.
(c) Right of Entry. An agent or employee of CARB, upon presentation of proper credentials, has the right to enter any motor carrier, broker, or hiring entity A-2-56
facility (with any necessary safety clearances) where vehicles are located or vehicle records, including hiring and brokering records, are kept to verify compliance.
(d) Fleet Owner Enforcement. For purposes of enforcement, if the vehicle is inspected and cited for noncompliance with this article and neither the operator of the vehicle nor the rental or leasing entity can produce evidence, as specified in the “Fleet owner” definition of section 2015(b), of the party responsible for compliance with state laws, the owner shall be presumed to be both the rental or leasing entity and the renting operator or lessee of the vehicle.
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code.
ATTACHMENT F
CARB Emergency Use Exemption Fact Sheet
Item Number: 15
City Council / Board of Directors
Written Communications
Meeting of: October 7, 2025
Submitted By:
Fredy Bonilla, City Engineer
Subject:
Budget Amendment for Federal Bridge Formula Program Grant Funds - Bear Valley Road Overhead at BNSF Railroad Project
Recommendation:
That the Honorable City Council adopt Resolution No. 25-069 to amend the Fiscal Year 2025/2026 Budget appropriating additional revenue up to $1,430,291 from Bridge Formula Program grant funds for the Bear Valley Road Overhead at BNSF Railroad Project.
Fiscal Impact:
The recommended action will result in additional revenue appropriation of up to $1,430,291 of grant funding. The attached Resolution No. 25-069 (Attachment A) will amend the budget to reflect the additional revenue. The Federal Highway Program (“HBP”) funding will be used to reimburse Road Development Impact Fee (DIF) funds, Fund 352, previously committed to the project for construction and construction engineering. Table 1 below shows the account code, fund name, and additional appropriation amount.
Table 1
Account Code Fund Name Additional Appropriation
2754500-43120-60014 Federal Grant $1,430,291
Strategic Plan Goal:
This item aligns with “Goal E - Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026, Strategy 11. This increase in federal funding for the Bear Valley Road Overhead at BNSF Railroad Project will reimburse the local Road DIF funds previously committed to the project, allowing those funds to be redirected to other roadway infrastructure improvements within the City.
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Background:
The Bear Valley Road Overhead at BNSF Railroad (“BVOH”) project widened both sides of the bridge on Bear Valley Road over the BNSF Railroad to provide standard lane widths, shoulders, and accommodate a double east-bound left turn lane from Bear Valley Road to Ridgecrest Road. A right turn lane from westbound Bear Valley Road to Ridgecrest Road was also constructed. The road approaches to the bridge were widened from Industrial Boulevard to east of Ridgecrest Road. The traffic signal poles at both intersections were replaced to accommodate the widened road. The project also included sidewalk and adequate width for future bike lanes to cross over the bridge. Please see the attached map and aerial view of the project for reference (Attachment B).
On November 7, 2017, the City Council approved an Overpass Agreement with BNSF Railway Co. (BNSF). Through this agreement BNSF permitted the construction to widen the bridge and granted easements to the City. The agreement required that the City compensate for any tasks performed by BNSF related to construction in the BNSF Right- of-way or affecting the railroad traffic.
On June 18, 2019, the City Council approved a Project Funding Agreement with the San Bernardino County Transportation Authority (SBCTA). On July 24, 2020, HBP grant funds were authorized by Caltrans Local Assistance and the Federal Highway Administration (FHWA) for construction in the amount of $5,540,111.68.
On December 15, 2020, the City Council amended a Consultant / Professional Services Provider Agreement with Dokken Engineering for design support during construction for a total amount not to exceed of $246,875. Furthermore, the City Council approved a budget amendment per Resolution 20-110 to appropriate and expend $139,448 of Road DIF funds for this service.
On May 18, 2021, the City Council approved Amendment No. 1 to the Project Funding Agreement with SBCTA, which increased both the City and SBCTA funding commitments to the project based on a higher construction cost estimate.
Additionally, on May 18, 2021, the City Council approved a Consultant / Professional Services Provider Agreement with Parsons Transportation Group, Inc., for the Bear Valley Road Overhead at BNSF Railroad Project construction management in an amount not to exceed $1,613,726.04.
On June 15, 2021, the City Council approved the Fiscal Year (FY) 2021/22 Budget including the appropriation and expenditure of $5,540,112 of Federal Highway Improvement Program (HIP) grant funds, $2,284,803 of Federal HPB funds, and $1,500,000 of Road DIF funds for the project.
On September 7, 2021, the City Council awarded a construction contract to the Riverside Construction Company in the amount not to exceed $9,818,512.60. On March 7, 2022, Riverside Construction began construction of the Project. 4 3
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On June 21, 2022, the City Council approved the FY 2022/23 Budget including the appropriation and expenditure of $2,408,173 of Road DIF funds for the project.
On June 27, 2022, Federal Highway Improvement Program (HIP) grant funds were authorized by Caltrans Local Assistance and FHWA in the amount of $2,117,110.08.
These funds were programmed in accordance with the agreement between the City and SBCTA.
On June 20, 2023, a budget amendment including the revenue and expense of $1,768,829 of Federal Bridge NHPP grant funds authorized by Caltrans Local Assistance was approved by the City Council. Additionally, Contract Change Order No. 1 authorizing payment to the contractor in the amount of $1,501,900 for project overruns caused by BNSF monitoring, inspection, and delays was also approved.
On October 17, 2023, Amendment No. 1 to the Consultant / Professional Services Provider Agreement with Parsons Transportation Group in the amount of $260,000 was approved by the City Council due to project construction overruns and delays.
On January 17, 2024, after all construction related activities were finalized, the project was considered substantially complete by Engineering Department staff.
On May 7, 2024, Contract Change Order Nos. 2, 3, & 4 to Riverside Construction Company in the amount of $678,722.24 and Amendment No. 2 to Parsons Transportation Group, Inc., in the amount of $150,000.00 was approved by the City Council, which also amended FY 2023/24 Budget to reflect an additional appropriation of $828,722.24 from Fund 352 to cover the project expenses required to close out the project.
On June 18, 2024, the City Council accepted as complete and approved the Notice of Completion (NOC) for the project and authorized the City Manager to execute the NOC which was subsequently recorded on July 11, 2024.
Discussion:
To close out the construction phase of the project, the Engineering Department received City Council approval in May 2024 to use Road DIF funds (Fund 352) to cover cost overruns, with a commitment to pursue additional funding sources.
Following project completion and full expenditure of construction contract costs, Engineering Staff collaborated with the design consultant and construction management teams to identify eligible costs, specifically those related to change orders, delays, and extra work that may qualify for federal reimbursement.
An HBP Cost Change Request was submitted to Caltrans on April 15, 2024, seeking additional HBP funds and went through a thorough review process by Caltrans's Local Assistance and Headquarters. Due to the highly competitive nature of HBP funding and Caltrans’ limited Obligation Authority (OA), funds could not be committed immediately. 4 3
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However, in August 2025, Caltrans notified the City that Bridge Formula Program (BFP) funds, a component of HBP, had become available due to reallocation from other projects.
At Caltrans’ request, an updated Adjustment Request was submitted on August 26, 2025.
On September 9, 2025, Local Assistance confirmed that the project's authorizing document (E-76) was revised to reflect the approval of additional federal funding (Attachment C). This revision authorizes the City to submit a claim for reimbursement at the maximum federal participation rate for eligible construction and construction management expenses already incurred.
The City is now positioned to seek reimbursement of up to $1,430,291. However, the final reimbursable amount will depend on Caltrans’ review of qualifying expenses and potential negotiation to increase reimbursement limits. This process is standard for HBP funding, which is subject to competitive allocation and administrative timelines.
Table 2 below represents the current total construction costs that qualify for reimbursement, total current federal funding authorized before approval of this budget amendment, and the individual federal grant names with account code and amounts for the qualified construction contract and construction management expenditure categories of the project the grants cover.
Table 2
Federal HBP Federal HIP Federal Bridge
NHPP
Total
Construction
Cost
Eligible for
Federal
Reimbursement
Total Federal
Funds
2754500 257502N 2754500
Construction
Contract $11,999,135 $8,026,968 $4,875,298 $1,604,191 $1,547,479 Construction
Management $2,067,216 $1,399,082 $664,813 $512,919 $221,350 Construction
Total $14,066,351 $9,426,050 $5,540,111 $2,117,110 $1,768,829 Table 3 below represents the additional Federal HBP grant funding that can be reimbursed to the City and the total grant funding that has been made available for the construction contract and construction management expenditure categories as noted in Table 2. Table 3 also includes a column representing the total qualified Road DIF expenditures to date by category that could be partially reimbursed from the additional Federal Grant funding.
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Table 3
Additional Federal
Grant Allocation
HBP/BFP
2754500
Total Federal Funds
with Added Grant
Road DIF Revenue
(Previously Commit
to Project)
3524500
Construction Contract $1,176,083 $9,203,051 $3,750,816
Construction
Management $254,208 $1,653,290 $951,114
Total $1,430,291 $10,856,341 $4,701,930
The total federal funding made available for the construction and construction management phase of this project is $10,856,341, which is about 77% of the construction cost. Although only part of the project was eligible for federal funding, other federal grant funding was made available and used for additional phases of the project, including final engineering of the plans and specifications, as well as right-of-way acquisition, which are not listed herein. The Federal HBP and Bridge NHPP funded the bridge and road approaches to approximately 500-feet from the ends of the bridge. The road approach construction extended approximately 1,000 feet east and west from the ends of the bridge. The remainder of the project costs were funded by the Federal HIP and local Road DIF funds (Fund No. 352).
Staff anticipates that the City will receive 100% of the additional grant funding for the construction contract, totaling $1,176,083. However, due to a cap on the allowable reimbursement ratio for project management costs, only a portion of the $254,208 requested for construction management is expected to be reimbursed, and the total amount the City will receive remains unknown at this time. Since Road DIF funds were used to cover project costs not covered by grants, any federal reimbursement received will be credited back to Road DIF, Fund 352. Reimbursing the Road DIF Fund will enable the City to budget this funding for other future road capacity improvement projects.
The total estimated cost of the project based upon expenditure reports to date for all categories of work is as follows:
Legal $ 58,613.59
Administrative $ 1,381.29
Design Consultant $ 919,971.20
Support Services During Construction $ 95,667.71 ROW - Acquisition $ 246,666.00
Environmental / Permits $ 13,816.94
DBE / Labor Compliance $ 58,683.32
Construction Management $ 2,099,522.14
Construction $ 11,999,134.84
$ 15,493,457.03
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Staff recommends that the City Council adopt Resolution No. 25-069 to amend the Fiscal Year 2025/2026 budget to reflect an additional revenue appropriation up to $1,430,291 from Federal Highway Bridge Program grant funding for the BVOH Project to reimburse the qualifying expenditures incurred by Road DIF, Fund 352.
Staff is available for any questions the Council may have.
Prepared By:
Harry Mayo, Senior Civil Engineer
Ximena Zambrano, Assistant Engineer II
Attachments: A. Resolution 25-069
B. Project Map and Aerial View
C. Finance Letter
ATTACHMENT A
RESOLUTION 25- 069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, AMENDING THE ANNUAL
BUDGET FOR FISCAL YEAR 2025 -2026; APPROVING AN
ADDITIONAL REVENUE APPROPRIATION FOR FEDERAL
BRIDGE FORMULA PROGRAM GRANT FUNDING
WHEREAS, the City Manager of the City of Victorville did heretofore submit to the City Council an estimate of the expenditures and revenues of the City Departments and offices, together with a proposed budget for the fiscal year 2025-2026; and WHEREAS, copies of said budget were prepared and distributed to the City Council, approved by the City Council prior to June 3, 2025, and have been available for the inspection by the public in the office of the City Clerk of the City of Victorville; and WHEREAS, after preparation of the budget, a need to amend the budget is being recommended to the Council for approval; and
WHEREAS, the City Manager or his designee will provide all necessary justification for the budget amendment as an attachment to this resolution or in the associated City Council agenda report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
VICTORVILLE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the annual budget for the fiscal year 2025-2026 for the City of Victorville is hereby amended to reflect additional revenue in the Federal Grant account 2754500-43120-60014 in the amount of One Million Four Hundred Thirty Thousand Two Hundred Ninety -One dollars ($1,430,291) as described in the corresponding Agenda Item Staff Report for Council Meeting of October 7, 2025.
Account Description Adjustment
2754500-43120-60014 Federal Grant $1,430,291
SECTION 2. That copies of such amended budget, certified by the City Clerk, shall be filed with the auditors of the City of Victorville and in the office of the City Clerk for public inspection and certified copies thereof shall be made available for use by City Departments, offices and subsidiary districts of the City.
SECTION 3. That this Resolution No. 25- 069 becomes effective immediately upon its adoption.
ATTACHMENT B
Bridge Widening
New Sidewalks and Road Surface
Fill
Parcels
Source: ESRI 2013 11/18/2013; Created By: jamesh
8 0 250 500 750 1,000
Feet
Federal Project Number BHLS-5380 (026)
Bear Valley Road Overhead at BNSF Railroad
City of Victorville, San Bernardino County, California
Project Map and Aerial View
ATTACHMENT C
“Provide a safe and reliable transportation network that serves all people and respects the environment”
DISTRICT 8
DIVISION OF PLANNING, LOCAL ASSISTANCE
464 W. 4TH STREET, 6TH FLOOR, MS 760
SAN BERNARDINO, CA 92401
PHONE (909) 806-3944
TTY 711
https://dot.ca.gov/programs/local-assistance
September 9, 2025
Fredy A. Bonilla
City Engineer
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, CA 92393-5001
BHLS-5380(026)
Bridge Rehabilitation and Widening
Bear Valley Road over BNSF Railway,
Amtrak & UP RR, 3.8 miles East of I-15,
Bridge No. 54C0547
City of Victorville
Dear Mr. Bonilla:
We have reviewed and processed your amendment request for the above-referenced project through Caltrans Division of Local Assistance (HQ DLA) and the Federal Highway Administration (FHWA). Effective 08/09/2025, the project authorizing document (E-76) was revised to reflect the request for additional CON funds.
The Project End Date (PED) has been established by your agency, concurred by HQ DLA and approved by FHWA. Any costs incurred after this date will not be eligible for federal reimbursement. Your agency is expected to monitor the progress of its projects and if the need arises, revise the PED to accurately reflect the amount of time needed to complete the project or phase of the project. If the PED is revised after the authorized PED has past, any costs incurred between the expiration of the authorized PED and the revised PED are ineligible for reimbursement. Revisions to the PED require Caltrans concurrence and FHWA approval.
Please be reminded of the invoice processing requirements and reimbursement process in Chapter 5 of the LAPM. Invoices for reimbursement cannot be submitted until after funds are encumbered via an executed Program Supplemental Agreement (PSA) and/or an executed Finance Letter. Additionally, per the Master Agreement, an invoice must be submitted at least every six months to avoid being classified as inactive.
If you have any questions, please contact me or Enrique M Gonzalez at (909)963-9365.
Sincerely,
Alberto Vergel De Dios, PE
District Local Assistance Engineer
Division of Planning, District 8 (909)
806-3944
Attachment: Amendment Modification Summary—(E-76) Sequence No. 10 p.p.
DEPARTMENT OF TRANSPORTATION
FINANCE LETTER
Date: 08/27/2025
D_CO_RT: 08-SBD-0-VCTV
Project No: BHLS-5380(026)
Adv. Project Id: 0800020117
Project End Date: 08/25/2026
EA No: 08-925192
To: City of Victorville Est Tot Proj Costs: $15,143,863 FINANCE ITEMS PRO RATA OR TOTAL COST OF FEDERAL PART. FED. REIMB% FEDERAL FEDERAL FEDERAL FEDERAL FEDERAL 18/19 FEDERAL FEDERAL LOCAL FUNDS Agency Preliminary Engineering
R/W Acquisition
R/W Engineering & Administration
Costs
Contract Items: $9,818,513
Contingencies: $581,851
Total: $10,400,364
Construction
Construction
Construction
Construction
Agency Construction Engineering
Agency Construction Engineering
Agency Construction Engineering
Totals:
Participation Ratio: 97.72%
Signature:
LUMP SUM WORK COST FUNDS FUNDS (NHPP) FUNDS FUNDS HIP
H1C0 L1C0 Y001 Z001 Z905 Y110
Pro Rata $700,000.0( $700,000.00 88.53% $84,103.0C $535,607.0( $0.0( $0.0C $0.0( $0.00 Pro Rata $245,067.0C $198,318.00 88.53% $0.0C $0.0C $0.0C $175,571.0C $0.0C $0.0C Pro Rata $176, 158.0( $141,682.00 88.53% $0.0C $0.0( $0.0( $125,431.0( $0.0( $0.00 Lump Sum $3, 145,447.3! $3,145,447.39 51.00% $0.0C $0.0( $0.0( $0.0C $1,604, 190.9( $0.0C Lump Sum $7,254,916.4, $7,254,916.47 88.53% $0.0C $0.0( $1,547,479.2i $4,875,298.2! $0.0( $0.00 Lump Sum $1,120,507.0! $901,184.5: 88.53% $0.0C $0.0( $0.0( $0.0C $0.0( $797,818.68 Lump Sum $478,263.9 $427,272.03 88.53% $0.0C $0.0( $0.0( $0.0C $0.0( $0.0C Lump Sum $1,005,723.8! $1,005,723.89 51.00% $0.0C $0.0( $0.0( $0.0( $512,919.1! $0.0( Lump Sum $287, 143.7! $287, 143. 7S 88.53% $0.0C $0.0( $0.0( $0.0( $0.0( $0.0( Lump Sum $1,000,950.01 $1,000,950.01 88.53% $0.0C $0.0C $221,349.7, $664,813.4( $0.0( $0.00 $15,414,177.5, $15,062,638.1:.i $84,103.0C $535,607.0C $1,768,829.0C $5,841,113.61 $2,117,110.01 $797,818.66 This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Printed Name: Raimund Yambao
Title: HQ Local Assistance Area Engineer Telephone No: (279) 599-3120 Y115
$0.0C
$0.0C
$0.0C
$0.0C
$0.0C
$0.0C
$378,263.93
$0.0C
$254,208.39
$0.0C
$632,472.3:.i
Remarks: Seq#10: Please note that the Y110 and Y115 fund code is funding from the Bridge Formula Program (BFP) and has specific timely use of funds rule. The Y110 and Y115 funds expire on 09/30/2030 and 09/30/2033, respectively, and will not be available for reimbursement past this date. Invoices must be submitted to allow for sufficient time for invoice processing. Any unexpended BFP funds that expire will not be backfilled and will be the fiscal obligation of the local agency. To ensure the BFP funds do not expire/lapse, please invoice against any $80,290.0C
$69,496.0C
$50,727.0(
$1,541,256.49
$832,138.9,
$322,688.37
$100,000.0C
$492,804.71
$32,935.39
$114,786.88
$3,637, 123. 7E
available BFP funds on the phase first when possible. Obligate $797,818.68 of Y110 for CON . Obligate $378,263.93 of Y115 for CON. Obligate $254,208.39 of Y115 for CE. Max. reimburse at 88.53% on Lump Sum basis.