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BOARD MEETING DATE: May 14, 1999 AGENDA NO. 7

PROPOSAL:

Execute Memoranda of Understanding with Four Councils of Governments for Outreach Assistance to Local Jurisdictions Utilizing AB 2766 Subvention Funds

SYNOPSIS:

At the December 17, 1998, meeting, the Vice Chair of the Mobile Source Committee asked staff to explore the local councils of governments' level of interest in forming partnerships with the AQMD to provide assistance to the local jurisdictions implementing the AB 2766 Motor Vehicle Registration Fee Subvention Fund Program. As a result, a group of Councils of Governments (COGs) has been working with staff to form a pilot program of outreach assistance. This action is to execute memoranda of understanding with this group of COGs to implement this pilot program, for a total amount not to exceed $100,000. Funding for this service is included in the FY 1998-99 Budget.

COMMITTEE:

Mobile Source, April 16, 1999. Staff gave a presentation on technical assistance for the AB 2766 Subvention Fund followed by a presentation of the COG Outreach proposal. Due to the lack of a quorum, the Committee referred this item to the Board for consideration, without a formal recommendation.

RECOMMENDED ACTION:

Authorize the Chairman to execute memoranda of understanding with the following councils of governments: South Bay Cities COG ($25,000), Orange County COG, ($25,000), San Bernardino Associated Governments (SANBAG) ($25,000), and the Western Riverside COG ($25,000), for a one-year pilot project to provide outreach assistance to local jurisdictions in support of the AB 2766 Motor Vehicle Registration Fee Subvention Fund Program. The total value of this pilot project is not to exceed $100,000.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

Since AB 2766 was enacted in 1990, many local jurisdictions have implemented various emission reduction programs utilizing its funding mechanism. For the most part, these programs have proven to successfully meet the goals of reducing air pollution from motor vehicles. However, some local jurisdictions, although currently implementing AB 2766-supported programs, have maintained unallocated Subvention Fund balances. Key barriers to timely Subvention Fund utilization most often cited by cities include: belief that the amount of funding received is too small to implement meaningful projects, administrative burden on local jurisdiction staff to develop and implement cost-effective emission reducing projects, and limited experience in coordinating multi-jurisdictional projects.

In response to a proposal received from the Western Riverside COG, on behalf of the COGs representing the other three counties within the South Coast AQMD's jurisdiction, a statement of work has been prepared that will provide, when executed, valuable outreach assistance to local jurisdictions in support of the AB2766 Motor Vehicle Registration Fee Subvention Fund Program.

A representative of the South Bay Cities Council of Governments requested an additional $20,000 in funds for Los Angeles County’s portion of the pilot project. A total of $100,000 was budgeted for AB 2766 Subvention Fund technical assistance for Fiscal Year 1998-99. Therefore, staff recommends limiting funds for this pilot project for an amount not to exceed $100,000, to stay within the confines of the budget.

The total value of this pilot project is not to exceed $100,000.

Workplan

The following workplan (Attachment 1) has been approved by staff and is the basis for the attached memorandum of understanding (Attachment 2).

Resource Impacts

A total of $100,000 has been budgeted for AB 2766 Subvention Fund Outreach, and this action will not increase the AQMD's overall 1998-99 budget or the Public Affairs' contract budget.

Attachments:

1. Workplan
2. Draft Memorandum of Understanding to Provide Outreach Assistance to Local Jurisdictions in Support of the AB 2766 Subvention Fund

Attachment 1

AB 2766 Local Government Outreach

Scope of Work:

I. AB 2766 Survey

Survey local jurisdiction AB 2766 Programs as identified by the SCAQMD, and provide outreach and assistance to assist local government in maximizing local AB 2766 Subvention funds.

1. Work with local jurisdictions that have been identified by the SCAQMD with high or three years accumulated unallocated AB 2766 Subvention Fund balances. To accomplish this the COGs will do the following tasks:

• Obtain reported balances from the SCAQMD;
• Review records with each jurisdiction to determine if reported balances are accurate;
• Categorize funds for each jurisdiction as funds in use, obligated and unobligated;
• A priority focus will be given to these jurisdictions throughout the remainder of the project.

Product:

• Updated report on local government AB 2766 unallocated balances, identified by the SCAQMD, with no plan for near-term expenditure.
• List of local jurisdictions needing/wanting assistance to reduce large unallocated fund balances.

II. Outreach

The sub-regional agencies will use the COGs’ current committee structure that is well suited to disseminate AB 2766 information to local governments on a wide variety of topics. The Committee structure typically is an elected Board, City Manager and Department Head Committees, and Technical Advisory Committees consisting of staff. This information dissemination is critical to the learning process for our local governments. COGs will provide outreach and limited technical assistance through the following tasks:

Tasks

1. Every other month, report to COG committees on AB 2766 topics, such as:

• AB 2766 Audit guidelines and procedures;
• Funding opportunities to leverage/maximize local subvention, opportunities for cooperative projects between cities and counties, and overcoming obstacles.

2. Outreach to specific cities/county for assistance to reduce unallocated balances.

• Meet with targeted local agencies on a one-to-one basis;
• Define barriers for local government to obligate/spend local subvention funds;
• Determine strategies to overcome obstacles;
• The project team will examine a range of projects implemented by local jurisdictions under the AB 2766 Subvention Fund program (alt. fuel, non-motorized, TDM etc.).

3. Facilitate meetings and interaction for technical support from SCAQMD and ARB.

• Quarterly meetings with the SCAQMD AB 2766 staff to develop strategies to maximize outreach and local expenditures.

4. Host annual AB 2766 Workshop/ event covering:

• Assist in project budgets;
• Assist with paper work;
• Bringing in ARB/SCAQMD technical staff;
• Develop cooperative programs
• Present ARB Guidelines, subject to adoption by the District, for adoption by the cities/counties

5. Web-site information (for the sub regional web-sites):

• Examples of good projects;
• Sub-regional pooling opportunities;
• Provide a link to the SCAQMD web-site

Product:

• Six reports to sub-regional agencies and SCAQMD Governing Board;
• Prepare a "white paper" for jurisdictions identified in Part A overcoming obstacles;
• Workshop materials.
• Web-site information

III. Assist in Project Development

As a natural extension of the Outreach section, sub-regional agencies will serve as a forum to create partnerships and cooperative AB 2766 projects. This can be accomplished through the following tasks:

1. The COGs will provide local jurisdictions with information on AB 2766 Subvention Fund pooling opportunities by: (Partners: School Districts, CTCs, COGs, cities/counties, etc.).

• Encouraging group meetings among jurisdictions which are:
  a) geographically proximate and/or (b) identified by the project team as having similar project interests in order to promote pooling of AB 2766 resources;
• pooled resources; and
• Placing information on "pooling" opportunities on the SCAQMD web-site.
• Limited technical assistance:
• As needed to update the annual AB 2766 report to the SCAQMD;
• As needed to prepare reporting to CARB;
• Solicit and compile comments on AB 2766 tools, information, and assistance prepared by the SCAQMD, to make the information as "user friendly " as possible.

Product:

• List of potential pooling projects;
• Annual report on AB 2766 implementation, as needed;
• Technical memorandum to the SCAQMD on the usefulness of AB 2766 tools prepared by the SCAQMD for the local agencies.

IV. Evaluation of Success

• Did the work done by consultant provide accurate, more timely information?
• Has there been an increase in obligated/subvention fund monies decrease in unobligated fund balances?
• Better emission reduction reporting?
• What emission reductions were achieved?
• Cooperative projects established?
• Cost effectiveness

V. Budget $100,000 (Breakdown: $25,000 to each county)

VI. Schedule (See Attachment B of the attached Memorandum of Understanding)

Attachment 2

MEMORANDUM OF UNDERSTANDING NO. 1

BETWEEN THE

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

AND

(specific name of COG)

THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and effective on ______, 1999, by and between the South Coast Air Quality Management District ("AQMD"), a California ____________, and the (specific name of COG) , a joint powers authority created in accordance with the Joint Exercise of Powers Act to promote the interests of participating public agencies in (specific county).

RECITALS

           WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California; and

           WHEREAS, AQMD is authorized to enter into this MOU under California Health and Safety Code Section 40489; and

           WHEREAS, (COG) is a separate Joint Powers Agency created in conformance with California law with local government members and serves as a primary coordinating body for local governments in (specific county) on issues of demographics, transportation planning, and air quality information; and

           WHEREAS, the (COG) is the appropriate and qualified body to perform informational outreach to its members and other local government entities throughout (specific county); and

           WHEREAS, AQMD desires to contract with (COG) for outreach efforts to assist cities in identifying and developing cost-effective projects funded by moneys subvened from the AB 2766 funds.

           NOW, THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, AQMD AND (COG) AGREE AS FOLLOWS:

1. TERM. The term of this MOU commences upon its execution by both parties and shall remain and continue in effect until completion of the Scope of Work described and set forth in Attachment 1, attached hereto and incorporated herein as though set forth in full.

2. (COG) RESPONSIBILITIES.

1. (COG) agrees to faithfully and diligently perform all tasks set forth in the Scope of Work attached as Attachment 1. (COG) shall make reasonable efforts to comply with the Schedule of Deliverables identifed in Attachment A of this MOU.
2. (COG) agrees to submit all reports to AQMD required in the Scope of Work in an environmentally friendly format; recycled paper; stapled, not bound; black and white, double-sided print; and no three-ring spiral or plastic binders or cardstock covers. AQMD reserves the right to review, comment, and request changes to any report produced as a result of this MOU.

3. PROJECT MANAGEMENT.

1. Representatives of (COG) shall work directly with AQMD regarding projects tasks, timelines, and methods of performance. The Chairman of the (COG), or his or her designee, shall represent the (COG) in all matters pertaining to the operation of this MOU.
2. (COG)shall retain the right to reassign the project management and/or the performance of the tasks under the Scope of Work to other subcontractors upon mutual consent of (COG)and AQMD.

4. PAYMENT.

1. AQMD shall pay (COG) a fixed price of _______dollars ($_______ ) for work performed under this MOU in accordance with the Payment Schedule in Attachment B of this MOU.
2. Invoices shall be submitted to AQMD periodically following the completion of tasks identified in the Payment Schedule. The payment due under each invoice shall approximate the value of the work completed during the applicable billing period.
3. Payment of invoice shall be made by AQMD within thirty (30) days after approval by AQMD.
4. AQMD’s payment of invoices shall be subject to the following limitation and requirement: that AQMD shall not pay interest, fees, handling charges, or cost of money related to this MOU.
5. AQMD shall reimburse (COG) for travel-related expenses only if such travel is expressly set forth in the Payment Schedule of this MOU or pre-authorized by AQMD in writing.
   
   i) Mileage Reimbursement @ Twenty-Eight Cents ($.28) for each mile.
   ii) Supporting documentation shall be provided for travel-related expenses.
   
6. An amount equal to 10 percent (10%) shall be withheld from all charges paid until satisfactory completion and final acceptance of work by AQMD.
7. AQMD reserves the right to disallow charges when the invoiced services are not performed satisfactorily in AQMD’s sole judgment.

5. PUBLICATION

1. AQMD shall have the right of prior written approval of any document which shall be disseminated to the public by (COG) which utilizes information obtained from AQMD in connection with performance under this MOU.
2. Information, data, documents, or reports developed by (COG) for AQMD, pursuant to this MOU, shall be part of AQMD’s public record unless otherwise indicated. (COG) may use or publish, at its own expense, such information provided to AQMD. The following acknowledgement of support and disclaimer must appear in each publication of materials, whether copyrighted or not, based upon or developed under this MOU.

   "This report was prepared as a result of work sponsored, paid for, in whole or in part, by the South Coast Air Quality Management District (AQMD). The opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of AQMD. AQMD, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and assume that no legal liability for the information on this report. AQMD has not approved or disapproved this report, nor has AQMD passed upon the accuracy or adequacy of the information contained herein."

3. (COG) shall inform its officers, employees, and subcontractors involved in the performance of this agreement of the restrictions contained herein and require compliance with the above.

6. TERMINATION. Either party may terminate this MOU for any reason, in whole or part, by giving the other party thirty (30) days written notice thereof. Upon said notice, AQMD shall pay COG, or assignee, their costs incurred to date of termination pursuant to the prioritized Scope of Work and Payment Schedule. If either party sees fit to terminate this MOU, said notice shall be effected by giving notice in person or by depositing said notice in the U.S. mail, registered or certified mail, return receipt required, with postage prepaid.

7. NOTICE. Any notices under this MOU may be given by either personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices must be delivered or mailed to the following:

To (COG):

Any party may, by notice to the others, designate a different address for notices which shall be substituted for that specified above. Any notice given as provided in this Section shall be deemed to have been received, if personally served, as of the date and time of service, or if deposited in the mail as provided above, forty-eight (48) hours after deposit in the mail.

8. ENTIRE AGREEMENT OF THE PARTIES. This MOU shall contain the entire understanding between the parties relating to the obligations of the parties described in this MOU. All other prior or contemporaneous agreements, understandings, representations, and statements, oral or written, not expressly set forth in this MOU shall be of no further force or effect with regard to the agreement described in this MOU. Each party is entering into this MOU based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

9. MODIFICATIONS. This MOU may be modified or amended only by the mutual signed agreement of the parties.

10. PARTIAL INVALIDITY. If any part of this MOU is for any reason found to be unenforceable, all other parts nonetheless remain enforceable.

11. ASSIGNMENT. Other than as expressly provided herein, the rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the prior written consent of the other, and any attempt by either party to do so shall be void upon inception.

12. NO WAIVER. The waiver of any breach of provisions of this MOU does not waive any other breach of that term or any other term of this MOU.

13. SUCCESSORS. This MOU binds and inures to the benefit of the parties and their respective legal representatives, distributes, successors and assigns.

14. GOVERNING LAW. (COG) and AQMD understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this MOU and also govern the interpretation of this MOU. Any litigation concerning this MOU shall take place in the municipal, superior, or federal district court with jurisdiction over the county of (specific county).

           IN WITNESS THEREOF, this MEMORANDUM OF UNDERSTANDING, including the SCOPE OF WORK, DELIVERABLES and PAYMENT SCHEDULE, has been duly executed on the date first stated above by the authorized representatives of the parties.

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

ATTACHMENT A

Deliverables and Due Dates

.

ATTACHMENT B

Payment Schedule

Withhold 10% or $2,500 pending final acceptance of system.

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