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BOARD MEETING DATE: December 5, 2008
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REPORT:
SYNOPSIS:
RECOMMENDED ACTIONS:
Michael D. Antonovich Ratification of Actions Taken by Committee of the Whole and Approval of Meeting Minutes for October 16, 2008 The MSRC met on October 16, 2008, as a committee of the whole due to the lack of a quorum. At its November 20, 2008 meeting, the MSRC unanimously ratified the actions taken on October 16 by a committee of the whole. They also approved the October 16, 2008 meeting minutes (Attachment 1).
The MSRC unanimously adopted its 2009 Meeting Schedule, which once again establishes meetings on the first and third Thursdays, respectively, for the MSRC-TAC and MSRC, except for January. Because the first Thursday in January falls on New Year’s Day, the meetings in January 2009 are on the second and fourth Thursday, respectively. The adopted 2009 Meeting Schedule is attached (Attachment 2).
The MSRC’s FY 2006-07 Off-Road Diesel Equipment Retrofit “Showcase” Program, in partnership with CARB and the AQMD, is intended to demonstrate and ultimately verify on-road retrofit devices on off-road construction vehicles across a variety of engine families. To implement the “Showcase” Program the MSRC previously awarded $3,641,013 to 18 fleets to demonstrate 30 different devices across 198 off-road vehicles. One fleet owner awarded funds was Caltrans, which subsequent to receiving the award advised the MSRC that they did not have budgetary authority to accept MSRC reimbursement or issue purchase orders for the devices and thus requested an alternate contracting mechanism. Additionally, the suitability of devices for some vehicles changed based on updated information, necessitating a re-matching of devices to vehicles. It was also determined that some awards were significantly lower than the actual costs for the retrofit devices. To address the contracting dilemma with Caltrans, the MSRC decided to contract directly with the ten device manufacturers and have Caltrans execute a participation agreement to fulfill the non-monetary requirements incumbent upon “Showcase” Program fleets. Additionally, as part of the FY 2006-07 Work Program, the MSRC awarded an additional $50,475 from unallocated funds to address the shortfall caused by the re-matching and higher actual costs. The AQMD Board will consider these awards at its December 5, 2008 meeting. Additional Funds for CNG School Buses The MSRC’s Alternative Fuel School Bus Program is administered by two vendors, A-Z Bus Sales and BusWest. BusWest was awarded $300,000 in the FY 2007-08 Work Program, and an invoice for these funds was recently paid. However, in addition to commitments against the $300,000, in February 2008 BusWest received a purchase order from Perris Union High School District for 20 CNG buses, which would under the program terms be eligible for a $60,000 incentive. Because of staff departures and other internal issues, BusWest did not seek a contract increase from the MSRC to provide the incentive for these buses, but nonetheless ordered and delivered the buses to Perris between July 28 and August 15, 2008. At the November 20, 2008 meeting, they requested a contract increase of $1.2 million from the MSRC. Although the MSRC approved a contract increase using unallocated funds as part of the FY 2007-08 Work Program, it was for $1.14 million rather than $1.2 million. The $60,000 incentive per CNG bus includes the incremental cost between a CNG and diesel bus plus about $8,000 which the school can redirect toward alternative fuel infrastructure. Consequently, the MSRC decreased each bus incentive by $3,000, partially deducting this “infrastructure” portion while still assisting the vendor with interest accrual they incurred as a result of delivering the buses to Perris during the summer. The vendor was also strongly advised to follow proper procedure in future. The AQMD Board will consider this contract modification at its December 5, 2008 meeting. Approval of Remaining Elements of the FY 2008-09 Work Program The MSRC previously allocated $12.4 million from its FY 2008-09 Work Program to fund backup lists from its FY 2007-08 Work Program. At its November 20, 2008 meeting, the MSRC considered the remaining elements of its FY 2008-09 Work Program. At its September 18, 2008 meeting, the MSRC had denied a request from A-Z Bus Sales for an augmentation of $180,000 to its FY 2008-09 contract to reimburse incentives for three buses delivered to Fontana Unified School District on December 31, 2007. Although the buses would have been eligible for payment under A-Z’s FY 2006-07 contract at the time, staff was advised no further invoices would be forthcoming and the contract was closed and the balance returned to the Discretionary Fund in February 2008. A-Z didn’t realize they hadn’t invoiced for the buses until July 2008. At the October 16, 2008 meeting, an MSRC member asked that a motion to reconsider be placed on the November 20, 2008 agenda, and the motion to reconsider was approved. Using unallocated funds as part of its FY 2008-09 Work Program, the MSRC approved a new/replacement contract to A-Z Bus Sales but in the amount of $156,000. They deducted $8,000 per bus ($24,000 in total), which is the incentive portion intended for the school to redirect toward infrastructure since Fontana already has an alternative fuel refueling station in place. The balance of unallocated funding totaling $5.4 million was targeted for the remaining elements of the MSRC’s FY 2008-09 Work Program, as follows:
The AQMD Board will consider these awards and contract modifications at its December 5, 2008 meeting. Received and Approved Final Reports The MSRC received and approved four final reports at its November 20, 2008 meeting, as follows:
All final reports are filed in the AQMD's library and a two-page summary of each closed project can be viewed in the electronic library on the MSRC's website at http://www.cleantransportationfunding.org. Contract Modification Requests At its November 20, 2008 meeting, the MSRC considered two more simple contract modification requests and took unanimous action, as follows:
Contracts Administrator’s Report The MSRC's AB 2766 Contracts Administrator provides a written status report on all open contracts from FY 2002-03 through the present. The Contracts Administrator’s Report for November is attached for your information. Attachments (ZIP, 279k)
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