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Home My WebLink AboutPW Bay Area Air Quality Management District; A1BAAQMD FYE 2018 TFCA Funding Agreement Amendment No. 1 TFCA Project 18EV057 Page 1 AMENDMENT NO. 1 TO 18EV057 BAY AREA AIR QUALITY MANAGEMENT DISTRICT FUNDING AGREEMENT NO. 18EV057 This amendment to the above-entitled funding agreement (“Amendment to Agreement”) consists of five (5) pages. RECITALS: 1. On July 16, 2018, the Bay Area Air Quality Management District (“Air District”) and City of San Rafael (“Project Sponsor”) (hereinafter referred to as the “Parties”) entered into Funding Agreement 18EV057 (“Agreement”), pursuant to which the Air District Awarded a Transportation Fund for Clean Air grant of $13,000.00 for a project to install and operate 1 single-port level 2 (high) and 1 dual-port level 2 (high) charging stations and a 265 kW solar array at 1 destination facility in San Rafael. 2. The Air District and Project Sponsor sought to update the Notices clause to include Air District and Project Sponsor contact information. 3. The Air District sought to update the General Provisions language in Section IV. 4. The Project Sponsor requested an update to the Project Schedule and Reporting Due Dates. 5. The Parties sought to amend the Project Description and Approved Facility Location(s) and Equipment to be Installed to change the charger configurations and the size of the Solar Array. 6. The Air District finds that this modification increases the cost-effectiveness of this Project but does not affect the Project’s ranking or eligibility for funding. 7. Pursuant to Section IV, Paragraph 3 of the Agreement, Parties desire to amend the Agreement as follows: TERMS AND CONDITIONS OF AMENDMENT TO AGREEMENT: 1. This Amendment to Agreement hereby amends Section IV, Paragraph 5, by deleting the paragraph in its entirety and replacing it with the following language: 5) Notices: All notices that are required under this Agreement shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person at the address listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by e-mail AND either by personal delivery service, first class mail, or certified mail (return receipt requested). E-mail communications shall be deemed to have been received on the date of such transmission, provided such date was a business day and delivered prior to 4:00 p.m. PST/PDT. Otherwise, receipt of e-mail communications shall be deemed to have occurred on the following business day. In the case of notice by mail, notice shall be deemed to have been delivered on the mailing date and received five (5) business days after the date of mailing. The date of valid notice under this Agreement shall be the earliest date notice is deemed received, whether that be by e-mail or mail/personal delivery. BAAQMD FYE 2018 TFCA Funding Agreement Amendment No. 1 TFCA Project 18EV057 Page 2 DISTRICT: Bay Area Air Quality Management District 375 Beale Street, Suite 600 San Francisco, CA 94105 Attn: Caylee Mercado Project #: 18EV057 charge@baaqmd.gov PROJECT SPONSOR:City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Attn: Thomas Wong Project #: 18EV057 Thomas.Wong@cityofsanrafael.org 2. This Amendment to Agreement hereby amends Section IV, Paragraph 9, by deleting the paragraph in its entirety and replacing it with the following language: 9) Indemnification: The Project Sponsor shall indemnify and hold the Air District, its officers, employees, agents, and successors-in-interest harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, and the operation of any equipment funded by the Agreement, by the Project Sponsor, its officers, agents, employees, and successors-in-interest, and any third-party who owns, operates, controls, or implements any portion of the Project. 3. This Amendment to Agreement hereby amends Attachment A, Paragraphs 4 and 8, by deleting these paragraphs in their entirety and replacing them with the following language: 4. Project Description: Project Sponsor shall install and operate two dual-port Level 2 (high) charging stations and a 246,210-watt solar array at one destination facility in San Rafael. 8. Project Schedule: Milestone Date Project Starts Effective Date of Agreement All funded charging equipment installed and placed into service, start of the Project Operational Period By June 30, 2019 End of the Project Operational Period By December 31, 2023 BAAQMD FYE 2018 TFCA Funding Agreement Amendment No. 1 TFCA Project 18EV057 Page 3 4. This Amendment to Agreement hereby amends Attachment A, Table 1, by replacing the table for Approved Facility Location(s) and Equipment to be Installed with the following: Facility ID:18EV057_F01 Facility Address: 1400 Fifth Avenue, San Rafael, CA 94901 Facility Type: Destination Equipment to be Installed: Qty Description Max TFCA Award Usage Requirement 2 Dual-port Level 2 (high) ChargePoint (Each port capable of an output rating of 6.6 kW or higher) $7,000 25,200 kWh 1 246,210-watt or greater Solar Array $6,000 N/A Facility Total:$13,000 25,200 kWh 5. This Amendment to Agreement hereby amends Attachment C, Paragraphs 1, 2, 3 and 4, by deleting these paragraphs in their entirety and replacing them with the following language: 1. Semi-annual Reports (Section II.6): The Project Sponsor shall submit Semi-annual Reports to the Air District summarizing Project progress. Semi-annual Reports shall be prepared on the Air District’s Semi-annual Report form. Due Dates: Semi-annual Reports are not required. 2. Expenditure Report (Sections II.6, II.8): The Project Sponsor shall submit Expenditure Report to the Air District. Expenditure Report shall be prepared on the Air District’s Expenditure Report form. Due Date: By May 1, 2025, and following the start of the Project Operational Period. The Expenditure Report shall include the following information: A. A table that shows the address of each approved Facility and the following information for each of the TFCA-funded chargers by Facility: date construction was completed; date charger was placed into service; dates and time charger is open for use by the public (e.g., employees, residents); and the pricing structure ($ per kWh, flat fee per use, etc.). B. A discussion of any pertinent issues or problems experienced with the project to date. C. Documentation that the Project Sponsor has acknowledged the Air District as a Project funding source, such as photographs of the charging station(s) with Air District logos attached; documentation of use of the Air District’s logo on promotional materials, brochures, handbooks, and maps that promote or inform the public about the Project services; and copies of press releases and newsletter articles related to the Project (Section II.8). D. A statement confirming that information about the funded stations have submitted and are listed on the US Department of Energy’s Alternative Fuel Data Center. 3. Annual Reports (Sections II.6): Annual Reports shall be prepared on the Air District’s Annual Report form. Due Dates: By March 1, 2020, March 1, 2021, March 1, 2022, and March 1, 2023 BAAQMD FYE 2018 TFCA Funding Agreement Amendment No. 1 TFCA Project 18EV057 Page 4 Each Annual Report shall cover a 12 month period (from January 1 to December 31) and include the following information for each charger (the first and last report may cover a shorter or longer period): A. For each month, the amount of electricity in kWh dispensed B. A discussion of any pertinent issues or problems that arose during the charging station(s)’s operation (e.g., repairs, downtime). C. A discussion of any work that has been performed to the Station(s) (e.g., maintenance, repair), as well as any expansion or upgrade plans. D. The actual number of days that each charger was operating. E. The pricing structure (per kWh, flat fee per use) on a charger basis. 4.Final Report (Sections II.6): The Project Sponsor shall submit the Final Report to the Air District. The Final Report shall be prepared on the Air District’s Final Report form and shall include the same information listed above under Annual Reports and must be received by the Air District by March 1, 2024, and following the end of the Project Operational Period. 6. All other terms and conditions of the Agreement shall remain in effect. 7. The Effective Date of this Amendment to Agreement is the date that the Air District’s Executive Officer/Air Pollution Control Officer or designee has executed this Amendment to Agreement. BAAQMD FYE 2018 TFCA Funding Agreement Amendment No. 1 TFCA Project 18EV057 Page 5 IN WITNESS WHEREOF, the PARTIES to the Agreement have caused this Amendment to Agreement to be duly executed on their behalf by their authorized representatives. BAY AREA AIR QUALITY MANAGEMENT DISTRICT CITY OF SAN RAFAEL by: ______________________________ Anthony Fournier Technology Implementation Officer Bay Area Air Quality Management District ________________________________ Cristine Alilovich City Manager City of San Rafael Date: ____________________________ Date: ____________________________ Approved as to legal form Approved as to legal form (optional) by: ______________________________ Alexander Crockett General Counsel Bay Area Air Quality Management District by: ______________________________ Legal Counsel Andrea Visveshwara (Jun 23, 2025 13:11 PDT) Andrea Visveshwara ndrearVi Asrsvhrw( Ju2V 3,0 3531 33:P, DT) AndredaV isdsvhdw ndr eaV eies CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. Step RESPONSIBLE DEPARTMENT DESCRIPTION COMPLETED DATE REVIEWER Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org N/A 5/12/2025 ☒ ☒ 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 6/20/2025 N/A ☒ AV ☒ 3 Department Director Approval of final agreement form to send to contractor Click or tap to enter a date. ☒ 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature Click here to enter a date. ☒ 5 Project Manager When necessary, contractor-signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval ☒ N/A Or Click here to enter a date. ☒ PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6/23/2025 TW 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: Thomas Wong Extension: 5360 Contractor Name: BAAQMD Contractor’s Contact: Caylee Mercado Contact’s Email: cmercado@baaqmd.gov ☐ FPPC: Check if Contractor/Consultant must file Form 700 18EV057 City of San Rafael - Amendment 1 Final Audit Report 2025-06-24 Created:2025-06-23 By:Thomas Wong (Thomas.Wong@cityofsanrafael.org) Status:Signed Transaction ID:CBJCHBCAABAAMuhKuBCRpX5rVPrMBkNIhpPgs99SNYhv "18EV057 City of San Rafael - Amendment 1" History Document created by Thomas Wong (Thomas.Wong@cityofsanrafael.org) 2025-06-23 - 6:32:17 PM GMT Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2025-06-23 - 6:32:22 PM GMT Document emailed to Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) for signature 2025-06-23 - 6:32:22 PM GMT Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2025-06-23 - 6:32:22 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2025-06-23 - 6:34:57 PM GMT Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2025-06-23 - 6:35:25 PM GMT - Time Source: server Email viewed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) 2025-06-23 - 8:10:51 PM GMT Document e-signed by Andrea Visveshwara (andrea.visveshwara@cityofsanrafael.org) Signature Date: 2025-06-23 - 8:11:04 PM GMT - Time Source: server Email viewed by cristine.alilovich@cityofsanrafael.org 2025-06-24 - 5:13:20 AM GMT Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2025-06-24 - 5:13:50 AM GMT Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2025-06-24 - 5:13:52 AM GMT - Time Source: server Agreement completed. 2025-06-24 - 5:13:52 AM GMT