How To Vote On A Resolution To Extend An Anti-Idling Program In California

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1 GOVERNING BOARD Tom Wheeler, Chair Supervisor, Madera County Oliver L. Baines III, Vice Chair Councilmember, City of Fresno Sally J. Bomprezzi Councilmember, City of Madera Dennis Brazil Mayor, City of Gustine DATE: January 22, 2015 TO: FROM: SJVUAPCD Governing Board Seyed Sadredin, Executive Director/APCO Project Coordinator: Morgan Lambert John Capitman, Ph.D. Appointed by Governor David Couch Supervisor, Kern County Bob Elliott Supervisor, San Joaquin County RE: ITEM NUMBER 20: APPROVE EXTENSION OF AGREEMENT WITH CALIFORNIA AIR RESOURCES BOARD (ARB) FOR DISTRICT ENFORCEMENT OF STATE ANTI-IDLING REGULATIONS FOR TRUCKS AND BUSES Harold Hanson Councilmember, City of Bakersfield Buddy Mendes Supervisor, Fresno County William O Brien Supervisor, Stanislaus County Craig Pedersen Supervisor, Kings County Alexander C. Sherriffs, M.D. Appointed by Governor Vacant Small City-Tulare County Hub Walsh, Vice Chair Supervisor, Merced County J. Steven Worthley Supervisor, Tulare County Seyed Sadredin Executive Director Air Pollution Control Officer Northern Region Office 4800 Enterprise Way Modesto, CA (209) FAX (209) Central Region Office 1990 East Gettysburg Avenue Fresno, CA (559) FAX (559) Southern Region Office Flyover Court Bakersfield, CA (661) FAX (661) RECOMMENDATION: Approve and authorize the Chair to sign an agreement with ARB to extend the program for District enforcement of anti-idling regulations for diesel trucks and buses. BACKGROUND: State emission inventory data shows that the idling of diesel-fueled commercial motor vehicles results in approximately 5.75 tons per day of oxides of nitrogen (NOx) emissions and 0.09 tons per day of particulate matter emissions in the San Joaquin Valley Air Basin. These emissions contribute to violations of health-based state and federal ozone and PM2.5 air quality standards and also increase the exposure of Valley residents to diesel particulate matter. Although ARB has developed requirements in Title 13 of the California Code of Regulations aimed at minimizing these emissions by limiting idling, ARB does not have the resources to directly enforce these regulations throughout the state. In order to begin to remedy this situation, ARB and the District developed a cooperative pilot enforcement program in fiscal year aimed at improving conformance with the ARB s diesel truck and bus idling regulations. In June of 2008, your Board approved a first-of-its-kind pilot enforcement program whereby the District inspected commercial motor vehicles for conformance with the state anti-idling regulations and ARB provided training and funding for the

2 SJVUAPCD Governing Board ITEM NUMBER 20: APPROVE EXTENSION OF AGREEMENT WITH CALIFORNIA AIR RESOURCES BOARD (ARB) FOR DISTRICT ENFORCEMENT OF STATE ANTI-IDLING REGULATIONS FOR TRUCKS AND BUSES January 22, 2015 District s efforts. Following the success of the pilot program in the first year, your Board has renewed the agreement in each successive fiscal year with the last contract expiring June 30, Since inception of the program, the District has inspected approximately 2,421 regulated vehicles and issued 178 notices of violation for exceeding idling limits. It should be noted that the District presence and educational outreach during these inspections prevented numerous other violations as drivers would curtail their idling prior to exceeding the limits, which would not have been likely without the District s presence. Continued District leadership in the area will provide for local and statewide benefits and ensure that much needed mobile source reductions are achieved throughout California. DISCUSSION: The regulations addressed by this program are Title 13, California Code of Regulations, Sections 2480 and The goal of these regulations is to reduce diesel emissions by limiting engine idling times. Section 2480 limits school bus idling to no more than 90 seconds when within 100 feet of a school and to no more than 5 minutes when more than 100 feet from a school. Section 2485 limits diesel-fueled commercial truck idling to no more than 5 minutes. This agreement for continuation of the enforcement program will be effective through December 31, Under the agreement, ARB will be responsible for compensating the District for inspection and administrative costs up to $25,000, for providing training to District inspection staff, and for settling documented violations with truck and bus operators. District responsibilities will include conducting inspections at locations where diesel-fueled commercial motor vehicles frequent, investigating complaints, issuing notices of violation, providing ARB with prompt reports of non-conformance, and issuing periodic update reports. Since the time that ARB anti-idling regulations were adopted, the District has received and investigated numerous complaints regarding excessive idling. Continuation of the program and execution of the agreement would enable the District to more effectively address these complaints and continue to work towards reducing emissions from truck and bus idling in the Valley. The importance of efforts to ensure compliance with state mobile source regulations cannot be understated, as approximately 80% of the District s NOx emissions are from mobile sources, with approximately 50% of these emissions coming from diesel-fueled commercial trucks. Approval of the agreement before your Board today will allow District staff to continue to participate in the enforcement program and recover the associated costs. 2

3 SJVUAPCD Governing Board ITEM NUMBER 20: APPROVE EXTENSION OF AGREEMENT WITH CALIFORNIA AIR RESOURCES BOARD (ARB) FOR DISTRICT ENFORCEMENT OF STATE ANTI-IDLING REGULATIONS FOR TRUCKS AND BUSES January 22, 2015 FISCAL IMPACT: For inspection services rendered by the District in accordance with this agreement, the ARB will reimburse the District for its actual expenses incurred under this program. The maximum amount payable under this agreement will be $25,000. Adequate appropriations to provide the resources needed to perform the inspections for this program are included in the Recommended Budget. Therefore, no modification of the Recommended Budget is required or requested at this time. Attachments: Attachment A: ARB Agreement for Anti-Idling Enforcement Program (8 pages) 3

4 San Joaquin Valley Unified Air Pollution Control District Meeting of the Governing Board January 22, 2015 Approve Extension Of Agreement With California Air Resources Board (ARB) For District Enforcement Of State Anti-Idling Regulations For Trucks And Buses Attachment A: ARB Agreement for Anti-Idling Enforcement Program (8 PAGES)

5 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER REGISTRATION NUMBER 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME Air Resources Board (ARB or State) CONTRACTOR'S NAME San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD, District or Contractor) 2. The term of this Agreement is: January 1, 2015 through December 31, The maximum amount $25, of this Agreement is: Twenty-Five Thousand Dollars and No Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A - Scope of Work Exhibit B - Budget Detail and Payment Provisions Exhibit C* - General Terms and Conditions (GTC-610) Exhibit D - Special Terms and Conditions 3 pages 1 page (online) 4 pages Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR S NAME (if other than an individual, state whether a corporation, partnership, etc.) San Joaquin Valley Unified Air Pollution Control District BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Tom Wheeler, Governing Board Chair ADDRESS DATE SIGNED(Do not type) California Department of General Services Use Only 1990 E Gettysburg Avenue, Fresno, CA AGENCY NAME Air Resources Board BY (Authorized Signature) STATE OF CALIFORNIA DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per: Pam Biggins, Chief, Budgets, Contracts and Grants Branch SCM, Vol. 1, 4.04(A)(2) ADDRESS 1001 I Street, 20 th Floor, Sacramento, California \

6 EXHIBIT A SCOPE OF WORK ARB / SJVUAPCD Page 1 of 3 A. Purpose The San Joaquin Valley Air Pollution Control District (SJVAPCD, District or Contractor) agrees to participate in a pilot program to inspect vehicles for conformance with the idling restrictions listed in Title 13, California Code of Regulations, sections 2480 and 2485 (Title 13) for diesel-fueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of greater than 10,000 pounds that are or must be licensed for operation on highways. B. Scope of Work Contractor agrees to provide inspections for conformance to the above regulation. 1. Inspections a. As resources are available, Contractor shall conduct inspections in the specific areas of the San Joaquin Valley District known for having trucks and buses parked or truck deliveries such as ports, truck stops, public rest areas, and areas with streets that have abundant truck and bus traffic for the purpose of truck idling enforcement. Contractor shall observe and time the vehicles for conformance with Title 13 requirements. b. As resources are available, while traveling within the San Joaquin Valley District, if Contractor encounters an idling vehicle, Contractor shall stop and time the vehicle to ensure compliance with Title 13. c. As resources are available, Contractor shall investigate complaints referred to by the public or the ARB of an idling vehicle by traveling to the complaint area to observing the vehicle(s) and take appropriate enforcement action. d. ARB personnel may accompany SJVUAPCD inspectors on idling inspections and may review any SJVUAPCD records related to idling enforcement. SJVUAPCD inspectors may accompany ARB personnel on inspections for purposes of training, ensuring consistency, and joint enforcement. e. ARB may periodically evaluate the performance of SJVUAPCD in enforcing the ARB idling regulation and shall review and discuss any evaluations with SJVUAPCD with a primary aim of ensuring consistency between ARB and SJVUAPCD enforcement activities. f. For all inspection activities conducted pursuant to this contract, SJVUAPCD shall use ARB-approved inspection, NOV/citation, and recordkeeping forms, developed either by ARB or SJVUAPCD. g. SJVUAPCD will provide advance notice to ARB of pre-planned targeted enforcement activities and coordinate as necessary joint inspections and investigations.

7 ARB / SJVUAPCD Page 2 of 3 h. Contractor shall issue Notice of Violation(s) (NOV) to the violator for any inspection that is not compliant with Title 13 requirements. Contractor shall forward NOVs within 72 hours of issuance to: 2. Reports Air Resources Board Attention: Citation, Registration, & Hotline Section Enforcement Division 1001 I Street Sacramento, California Contractor shall provide ARB with quarterly reports containing the following inspection information: Name of inspector Date of inspection Location of inspection Type of inspection (i.e. traveled to area with high truck or bus traffic, encountered idling vehicle, complaint) The number of vehicles checked or timed The number of Notice of Violations issued Total hours worked per month C. Contract Representatives The Project Managers during the term of this agreement shall be: Agency: Air Resources Board Contractor: San Joaquin Valley Unified Air Pollution Control District Division: Enforcement Division Section: Attention: Kim Nguyen Attention: Ryan Hayashi, Director of Compliance Address: 1001 I Street Sacramento, CA Address: 1990 E Gettysburg Avenue Fresno, CA Phone: (916) Phone: (559) knguyen@arb.ca.gov ryan.hayashi@valleyair.org Direct all administrative inquiries to: Agency: Air Resources Board Contractor: San Joaquin Valley Unified Air Pollution Control District Division: Administrative Services Section: Finance Department Attention: Lisa Macias Attention: Charlie Hemphill Address: 1001 I Street, 20th Floor Sacramento, CA Address: 1990 E Gettysburg Avenue Fresno, CA Phone: (916) Phone: ( lmacias@arb.ca.gov Charlie.hemphill@valleyair.org

8 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS ARB / SJVUAPCD Page 1 of 1 A. Invoicing 1. For services satisfactorily rendered, upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred, in accordance with the rates specified below. Monday - Friday 6:00 AM to 7:30 PM Monday - Friday 7:30 PM to 6:00 AM & Weekends $95.00/hour $125.00/hour 2. Contractor shall submit one (1) original and one (1) copy of each invoice. Invoices must include the inspection services by date, and the Agreement Number and must be submitted not more frequently than quarterly in arrears to: Air Resources Board Accounting Section P.O. Box 1436 Sacramento, California In addition, Contractor shall submit one (1) copy of each invoice and the quarterly report as specified in Exhibit A to: Attn: Kim Nguyen Air Resources Board Enforcement Division; District Support Section 1001 I Street Sacramento, California B. Budget Contingency Clause 1. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. 2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. C. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

9 EXHIBIT D SPECIAL TERMS AND CONDITIONS ARB / SJVUAPCD Page 1 of 4 A. Excise Tax The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees wages. The State will pay for any applicable State of California, local sales, or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state. B. Settlement of Disputes 1. In the event of a dispute, Contractor shall file a Notice of Dispute with ARB within ten (10) days of discovery of the problem. Within ten (10) days, the ARB shall meet with the Contractor and Project Manager for purposes of resolving the dispute. 2. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by Contractor and State employees normally responsible for the administration of this Agreement shall be brought to the attention of the Executive Officer or designated representative of each organization for resolution. The decision of the State Executive Officer or designated representative shall be final. 3. In the event of a dispute, the language contained within this Agreement shall prevail over any other language. 4. The existence of a dispute not fully resolved shall not delay Contractor to continue with the responsibilities under this Agreement which is not affected by the dispute. 5. The parties agree that Exhibit D, Paragraph B, does not waive any right to any other remedies available by law litigation in the event that dispute resolution pursuant to Exhibit D, Paragraph B, is unsuccessful. C. Potential Subcontractors Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor s obligation to pay its subcontractors is an independent obligation from the State s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. D. Stop Work Order State reserves the right to issue an order to stop work in the event that a dispute should arise, or in the event that State gives Contractor a notice that the Agreement will be terminated. The Stop-work order will be in effect until the dispute has been resolved or the Agreement has been terminated.

10 EXHIBIT D SPECIAL TERMS AND CONDITIONS ARB / SJVUAPCD Page 2 of 4 E. Termination 1. In addition to the rights under Exhibit C of the Standard Agreement, State reserves the right to terminate this Agreement at its sole discretion at any time upon thirty (30) days prior written notice to Contractor. 2. In the case of early termination, Contractor shall submit one (1) original and one (1) copy of the invoice covering services to termination date, following the invoice requirements of this Agreement. 3. Upon receipt of the invoice, quarterly report, and data, a final payment will be made to Contractor. This payment shall be for all State-approved costs that in the opinion of State are justified, and shall include labor, and materials purchased or utilized (including all non-cancellable commitments) to termination date. F. Amendments 1. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties. 2. ARB reserves the right to amend this Agreement through a formal written amendment, signed by the parties, for additional time and/or funding. G. Insurance Requirements 1. Commercial General Liability Contractor must furnish to the State a certificate of insurance or alternately, confirmation of comparable self-insurance to remain in effect at all times during the term of this contract. Contractor shall maintain general liability on an occurrence for with limits not less than $1,000,000 per occurrence for bodily injury and $2,000,000 aggregate for bodily injury and property damage liability. The policy must include coverage for liabilities arising out of premises operations, independent contractors, products/completed operations, personal & advertising injury and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor s limit of liability. The policy must include: California Environmental Protection Agency/Air Resources Board, State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed under this contract. This endorsement must be supplied under a form acceptable to the Office of Risk and Insurance Management. In the case of Contractor s utilization of subcontractors to complete the contracted scope of work, contractors shall include all subcontractors as insured under Contractor s insurance or supply evidence of insurance to the State equal to policies, coverage and limits required of Contractor.

11 EXHIBIT D SPECIAL TERMS AND CONDITIONS ARB / SJVUAPCD Page 3 of 4 2. Automobile Liability Contractor must furnish to the State a certificate of insurance or alternately, confirmation of comparable self-insurance to remain in effect at all times during the term of this contract. Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles. The policy must include: California Environmental Protection Agency/Air Resources Board, State of California, its officers, agents, employees, and servants are included as additional insured, but only with respect to work performed under this contract. 3. Workers Compensation and Employers Liability Contractor must furnish to the State a certificate of insurance to remain in effect at all times during the term of this contract. Contractor shall maintain statutory workers compensation and employers liability for all its employees who will be engaged in the performance of the contract. Employers liability limits of $1,000,000 are required. When performed on State owned or controlled property the workers compensation policy shall contain a waiver of subrogation in favor of the State. The waiver of subrogation endorsement shall be provided. 4. General Provisions Applying to all Policies a. Coverage term Coverage needs to be in force for the complete term of the contract. If insurance expires during the term of the contract, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the contract. b. Policy Cancellation of Termination and Notice of Non-Renewal Contractor shall provide to the State within five (5) business days following receipt by contractor a copy of any cancellation or non-renewal of insurance required by this contract. In the event contractor fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this contract upon the occurrence of such event, subject to the provisions of this Contract. c. Deductible Contractor is responsible for any deductible or self-insured retention contained within their insurance program. d. Primary Clause Any required insurance contained in the Contract shall be primary, and not excess or contributory to any other insurance carried by the State. e. Insurance Carrier Required Rating All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the contractor is

12 EXHIBIT D SPECIAL TERMS AND CONDITIONS ARB / SJVUAPCD Page 4 of 4 self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required. f. Endorsements Any required endorsement must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. g. Inadequate Insurance Inadequate or lack of insurance does not negate the contractor s obligations under the Contract. H. Force Majeure Except for defaults of subcontractors, neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default of its subcontractor, arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule