HomeMy WebLinkAboutAgreement A-23-463 with SJVAPCD G-135562-A1.pdf DocuSign Envelope ID:90BA7892-D7AD-4CA0-AECC-50C2C728FBE2
Agreement No. 23-463
Agreement G-135562-A1
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT
CLEAN AIR CENTERS PILOT PROGRAM
FUNDING AGREEMENT
This Agreement, made this 5th day of September 2023 , between San
Joaquin Valley Unified Air Pollution Control District ("District") and County of Fresno
("Participant").
This Agreement is not effective until it is fully executed by all parties.
In consideration of their mutual promises, covenants, conditions, and the funds
awarded under this Agreement, the parties agree as follows:
1. PROGRAM
A. The purpose of this Agreement is to provide incentives to Participants in the
Wildfire Smoke Clean Air Centers for Vulnerable Populations Incentive Pilot Program
(hereinafter referred to as the Program). Established by Assembly Bill (AB) 836, the
Program's goal is to provide funding to create a network of clean air centers where people
in vulnerable communities with high documented smoke exposure burden can find respite
from wildfires and other smoke events. Under this program, the District provides cash
incentives to be used toward the purchase of Air Filtration Devices and replacement filters
to be deployed at the location(s) identified in Exhibit A, attached hereto and incorporated
herein, in accordance with the Exhibit B Program Guidelines attached hereto and
incorporated herein. Participant has agreed to undertake such participation.
B. In the event of any conflict between or among the terms and conditions of this
Agreement, the Exhibit A incorporated herein, and the documents referred to and
incorporated herein, such conflict shall be resolved by giving precedence in the following
order of priority:
a. To the text of this Agreement
b. Exhibit A of this Agreement
2. ELIGIBLE AIR FILTRATION DEVICES
A. Funding under this Agreement shall be utilized by Participant toward the purchase
of the Program eligible devices and filters listed in Exhibit A; hereinafter the "device(s)".
B. Device(s) eligible for funding will meet the following criteria:
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a. Be certified by the California Air Resources Board (GARB) for sale and use in
California and,
b. Must be equipped with a true High Efficiency Particulate Air (HEPA) filter
3. OBLIGATIONS OF PARTICIPANT
A. Participant agrees to the purchase option identified in Exhibit A and further agrees
to adhere to the processes associated with that option as identified throughout this
Agreement.
B. Participant agrees to deploy the device(s), at minimum, during normal business
hours on days when the District issues an Air Alert and allow the public to access
the area of the facility in which the device(s) is/are deployed during those hours.
a. Air Alerts are issued when air pollution levels reach a certain hourly
sustained rate or greater and are expected to last for multiple days.
b. Participants will be notified via email when an Air Alert is issued. The
District, in its discretion, may also use other methods of providing notice,
such as via text or telephone.
C. Participant cannot charge an admission fee or otherwise restrict access to the
facility in which the device(s) is/are deployed except in the case when an attendee
violates the facility's standard admission policies.
D. Based on the purchase option identified in Exhibit A, the Participant shall submit
a final documentation package as follows:
a. Bulk Pricing List Option — A detailed list of purchased device(s) and
replacement filters that have been received and are ready for deployment,
which will include, make, model and delivery date.
i. Claim for payment will be made directly to the manufacturer by the
District as stated in Section 4(B)(a)(i).
b. Standard Purchase Option — Submit a properly supported Claim For
Payment (CFP), including itemized invoice(s) listing device(s) make and
model, shipping costs, and applicable sales tax to the District within the
Agreement Terms set forth in paragraph 5. The District will not reimburse
the Participant for any costs on the invoice which exceed the project
incentive amount indicated in this Agreement in Paragraph 4(A). The
District will pay the Participant the lower of the contract amount or the final
invoice amount of eligible costs. Payment will be issued to Participant upon
the following:
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i. All required documents for a complete claim for payment request have
been submitted to the District for approval.
ii. Verification that the device(s) is/are operational and eligible.
C. If necessary, Participant shall obtain through other sources sufficient additional
funds to purchase and/or deploy the device(s). In the event Participant cannot obtain
sufficient funds to complete the purchase and/or deployment of the device(s), the District
reserves the right to terminate this Agreement.
D. Participant certifies by signature on this Agreement that the Participant has
disclosed all other public funds that Participant has applied for or received for the
purchase of the device(s) in this Agreement. Participant also agrees to disclose to District
the receipt of any public funds after the execution of this Agreement for the purchase of
the device(s).
E. Participant agrees to submit Annual Operation Reports for a term of five (5) years
to commence 1 year from the purchase date on the final invoice as specified in Paragraph
6(A).
F. Participant agrees to comply with all applicable program requirements listed in
Exhibit B.
G. Participant agrees to acknowledge the California Air Resources Board and the
Program in any related media events or other publicity material related to this Agreement.
Acknowledgement must read as follows:
1. This project is part of the California Air Resources Board's Wildfire Smoke
Clean Air Centers for Vulnerable Populations Incentive Pilot Program, a
statewide program that creates a network of clean air centers in vulnerable
communities.
H. Participant agrees that at the date of execution of this Agreement, Participant has
not yet purchased the device(s).
I. Participant agrees that, for the term of this Agreement, the District, or the California
Air Resources Board (CARB), shall be allowed to inspect the device(s) and/or records
relating to the device(s).
J. Participant understands that any payment(s) received to fund the device(s) in this
Agreement may be subject to taxation and that the District will issue a form 1099 to the
Participant. Participant agrees to assume any tax liability resulting from receipt of
payment.
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4. OBLIGATIONS OF THE DISTRICT
A. District shall provide up to $5,363.33 dollars to Participant to be used toward purchase
of devices as specified in Exhibit A based on the purchasing option selected by the
Participant.
B. Based on the purchase option identified in Exhibit A, the District shall make payment
as follows:
a. Bulk Pricing List Option - District shall place order to the specified vendor for
the devices listed in Exhibit A. Upon receipt and verification of a properly
supported claim for payment request, the District shall make payment directly
to the selected vendor. Payment will be issued to the vendor within sixty (60)
working days of a completed claim for payment request.
i. Claim for payment will be made directly to the manufacturer by the
District upon verification that the selected equipment has been received
by the applicant and is fully functioning.
b. Standard Purchase Option — District shall make payment to Participant upon
receipt and verification of a properly supported claim for payment request.
Payment will be issued to Participant within sixty (60) working days of a
completed claim for payment request, which includes verification that the new
device(s) have been received and are operational. Participant must provide
proof of payment in the form of copies of cancelled check(s), wire transfer,
finalized loan document, or proof of cash payment.
C. Payment shall only be made toward the device(s) specified in Exhibit A and which
meet all Program Guideline requirements.
5. AGREEMENT TERMS
A. Standard Purchase Option only — Participant shall purchase and make the
device(s) ready for deployment within four (4) months from the execution date of this
agreement.
B. Standard Purchase Option only— Claim for Payment, Request for
Reimbursement: Participant shall submit a complete claim for payment request to be
reimbursed for the purchase of the device(s) within sixty (60) days from the purchase
date of the device(s), based on the invoice date of the device(s).
C. Project Implementation Phase — Participant shall own, operate, and maintain the
device(s) according to the terms of this Agreement for not less than five (5) years.
Operation years will be calculated from the date the device(s) is/are placed into service.
Upon the expiration of five (5) years of operation, this Agreement shall be terminated.
D. Pro Rata Reimbursement — If the Participant cannot meet the Agreement Terms,
the Participant must notify the District in writing with justification explaining why the
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Agreement Terms cannot be met. The District will review the request and determine, in
its sole discretion, whether to amend the Agreement to account for Participant's written
request and reserve the right to seek repayment of Program funds for non-compliance
within the terms and conditions of this Agreement or applicable state laws or/and
regulations. Participant agrees to amend the Agreement as necessary, if requested by
the District, to ensure the project is completed in a timely manner. Though the District
agrees it will not unreasonably deny Participant's request, Participant understands that
even with written justification; the District does not guarantee an amendment will be made
to the Agreement to adjust Agreement Terms and expressly reserves the right to deny
such request. Participant may be subject to conditions in Paragraph 12 for non-
performance with Agreement Terms.
6. ANNUAL REPORTING
A. Participant is required to submit annual operation reports to the District.
Participant shall submit annual operation reports which will include, but is not limited to:
a. The dates of device(s) deployment;
b. The address of the facilities where the devices were deployed;
c. The device(s) model number and quantity of the deployed device(s); and
d. The estimated number of community residents participating at each clean
air center deployment location.
As well as any other pertinent information requested by District on a form to be provided
to Participant by District for the duration of the Project Implementation Phase specified
in Paragraph 5(C).
B. The first year annual report is due on the anniversary of the date the device(s)
was purchased and for each ensuing year thereafter.
C. The District and CARB reserves the right to monitor the device(s), enforce the
terms of this Agreement at any time during the Agreement Term, and pursue repayment
of Program funds for non-compliance within the terms and conditions of this Agreement
or applicable state laws or regulations.
D. Noncompliance with the annual reporting requirements shall require on-site
monitoring by the District and will impact the Participant's ability to receive funding from
the District for future projects. Participants with reports that are more than six (6)
months late will not be granted any additional grant funds from the District until all
reports are satisfactorily submitted.
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7. INSURANCE
A. Without limiting District's right to obtain indemnification from Participant or any
third parties, Participant, at its sole expense, shall maintain in full force and affect the
following insurance policies throughout the term of this Agreement:
a. General liability insurance with a combined single limit with minimum limits of
coverage in the amount of Two Million Dollars ($2,000,000) per occurrence;
b. Workers compensation insurance, as required by California law.
B. Except for workers' compensation insurance, such insurance policies shall name
District, its officers, agents, and employees, individually and collectively, as additional
insureds for liability arising out of Participant's work performed for District. Such coverage
for additional insured shall apply as primary insurance and any other insurance, or self-
insurance, maintained by District, its officers, agents, and employees, shall be excess
only and not contributing with insurance provided under Participant's policies herein. This
insurance shall not be canceled or changed without a minimum of thirty (30) days'
advance, written notice given to District.
Prior to the commencement of performing its obligations under this Agreement,
Participant shall provide certificates of insurance on the foregoing policy, as required
herein, to District, stating that such insurance coverage have been obtained and are in
full force; that District, its officers, agents, and employees will not be responsible for any
premiums on the policy.
8. INDEPENDENT CONTRACTOR
A. In performance of the work, duties, and obligations assumed by the Participant
under this Agreement, it is mutually understood and agreed that the Participant,
including any and all of the Participant's officers, agents, employees and
subcontractors, will at all times be acting and performing as Independent Contractors
and shall act in an independent capacity and not as an officer, agent, servant,
employee, joint venture, partner, or associate of the District. Furthermore, the District
shall have no right to control or supervise or direct the manner or method by which the
Participant shall perform its work and function. However, the District shall retain the
right to administer this Agreement so as to verify that the Participant is performing its
obligations in accordance with the terms and conditions thereof. The Retailer and
District shall comply with all applicable provisions of law and the rules and regulations, if
any, of governmental authorities having jurisdiction over matters the subject thereof.
B. Due to its status as an Independent Contractor, the Participant and Participant's
subcontractors, if any, shall have absolutely no right to employment rights and benefits
available to District employees. Participant shall be solely liable and responsible for
providing to, or on behalf of, itself all legally required employee benefits. In addition, the
Participant shall be solely responsible and save District harmless from all matters
relating to payment of Participant's respective employees, including compliance with
social security, withholding, and all other regulations governing such matters.
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C. No performance required under this Agreement may be delegated or assigned
without the express written consent of the District's Executive Director/Air Pollution
Control Office (APCO), in consultation with District's Counsel, and Participant.
9. TERMINATION
Breach of Agreement: District may immediately suspend or terminate this
Agreement, in whole or in part, where in the determination of the District there is:
a. A failure to comply with any term of this Agreement;
b. An illegal or improper disclosure of information;
c. Failure to provide correct and completed documentation and/or reports in a
timely manner to the District;
d. Failure to meet completion deadlines;
e. Improperly performed services; or
f. Substantial and/or continuing violation of environmental laws or regulations by
Participant, or violation by Participant of an Agreement, code, or decree
resolving in such a violation.
In the event of such breach, the District reserves all rights under law and equity to
enforce this Agreement and apply any of the following remedies:
a. Recapturing funds;
b. Fiscal penalties based on breach severity;
c. Agreement cancellation and eligibility suspension or termination; or
d. Future District incentive programs ban.
In addition to these remedies, the District may impose any other remedies available at
law, in equity, or otherwise specified in this Agreement.
10. FUNDING OUT
The terms of this Agreement and the services to be provided herein are contingent
on the approval and receipt of funds by the District. Should sufficient funds not be
allocated, the services provided may be modified or this Agreement terminated at any
time by giving Participant 30 days' prior written notice.
11. NON-ASSIGNMENT
Neither party shall assign, transfer, or subcontract this Agreement, nor their
rights or duties under this Agreement, without the prior express, written consent of the
other party.
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12. NON-PERFORMANCE
The District may immediately suspend or terminate this Agreement, in whole or in
part, where in the determination of the District there is:
A. Failure to comply with any terms and conditions in this Agreement;
B. Failure to purchase an eligible new vehicle and place into service within the
timeframe specified in Section 5;
C. Failure to comply with timelines for submission of CFP;
D. Misuse of the District's payments;
E. Intentional destruction of the device(s) or associated equipment;
F. Failure to operate or maintain device(s) in accordance with manufactures
recommendations;
G. Device(s) is non-operational, malfunctioning, or damaged
H. Insufficient, incomplete, or faulty project documentation;
I. Failure to provide documentation or reports in a timely manner;
J. Failure to adhere to the terms of this Agreement at any time after the
device(s) is placed into service and for the amount of time specified in
Section 5. Should Participant fail to adhere to the terms of this Agreement
at any time after the device(s) is placed into service, Participant shall
promptly return all, or a portion, of funds reimbursed to Participant under
this Agreement. The amount of funds to be reimbursed shall be at the
discretion of the District but shall not exceed the amount funded to the
Participant;
K. As a remedy for non-performance of the Participant under this Agreement,
the Participant, with District approval, may transfer the device(s) to a new
Participant, so long as the new Participant agrees to sign an agreement
under the same provisions, for the remaining Agreement term.
In no event shall any payment by the District constitute a waiver by the District of
any breach of this Agreement or any default, which may then exist on the part of
Participant. Neither shall such payment impair or prejudice any remedy available to the
District with respect to the breach or default. The District shall have the right to demand
of Participant the repayment to the District of any funds disbursed to Participant under
this Agreement, which, in the judgment of the District, were not expended in accordance
with the terms of this Agreement, and may prohibit Participant from participation in any
future District incentive programs. Participant shall promptly refund any such funds upon
demand. In addition to immediate suspension or termination, the District may impose any
other remedies available by law, in equity, or otherwise specified in this Agreement.
In the event that the device(s) purchased under this Agreement is/are destroyed,
stolen, or otherwise rendered permanently inoperable, or does not perform to the
satisfaction of the Participant, the Participant may replace the device(s)with an equivalent
device(s) that, is a Program eligible device(s) that meet Program guideline
requirements. As this situation will require an amendment to the existing Agreement,
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Participant must receive prior authorization from the District in advance of any purchases,
and must provide any and all replacement device(s) information to the District.
13. NONDISCRIMINATION
During the performance of this Agreement, Participant and its subcontractors shall
not unlawfully discriminate, harass or allow harassment, against any member of the
public, employee or applicant for employment because of sex, sexual orientation, race,
color, ancestry, religious creed, national origin, disability (including HIV and AIDS),
medical condition (cancer), age, marital status, and denial of family care leave. Participant
and its subcontractors shall insure that the evaluation and treatment of members of the
public, the Participant's employees and applicants for employment are free of such
discrimination and harassment.
Participant and its subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code Sections 12990 et seq.) and the
applicable regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5
of Division 4 of Title 2 of the California Code of Regulations are incorporated into this
Agreement by reference and made a part of it as if set forth in full. Participant and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
14. INDEMNIFICATION
Participant agrees to indemnify, save, hold harmless, and at District's request,
defend District, its boards, committees, representatives, officers, agents, and employees
from and against any and all costs and expenses (including reasonable attorneys' fees
and litigation costs), damages, liabilities, claims, and losses (whether in agreement, tort,
or strict liability, including, but not limited to, personal injury, death, and property damage)
occurring or resulting to District which arises from any negligent or wrongful acts or
omissions of Participant, its officers, agents, subcontractors, or employees in their
performance of this Agreement or arising out of Participant's use of the device(s).
15. RECORD KEEPING
Participant shall maintain records pertaining to the device(s) sufficient to provide,
on an annual basis, information regarding annual usage in days deployed and hours
deployed, general maintenance details, accounting of usage by the public,
correspondence associated with the application, award, agreement, and reporting
requirements and any other available information that may be deemed pertinent to the
evaluation of the program for up to five (5) years commencing on the day the device(s) is
purchased, as indicated on the final sales invoice.
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Records shall be readily available and accessible to the District and/or CARB upon
request for the purposes of ongoing evaluations or auditing.
16. NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement are as follows:
Participant DISTRICT
Sally Gomez Samir Sheikh
Assoc. County Librarian Executive Director/APCO
2420 Mariposa St. 1990 E. Gettysburg Avenue
Fresno, CA 93721 Fresno, California 93726
(559) 230-6000
Any and all notices between the District and Participant provided for or permitted
under this Agreement or by law shall be in writing and shall be deemed duly served when
personally delivered to one of the parties, or in lieu of such personal service, when
deposited in the United States mail, postage prepaid, addressed to such party.
17. BINDING UPON SUCCESSORS
This Agreement, including all covenants and conditions maintained herein, shall
be binding upon and inure to the benefit of the parties, including their respective
successors-in-interest, assigns, and legal representatives.
18. GOVERNING LAW
This Agreement shall be governed in all respects by the laws of the State of
California. Venue for any action arising out of this Agreement shall only be in Fresno
County, California.
19. TIME IS OF THE ESSENCE
It is understood that for Participant's performance under this Agreement, time is of
the essence. The parties reasonably anticipate that the Participant will, to the reasonable
satisfaction of the District, complete all activities provided herein within the time schedule
outlined in this Agreement, provided that the Participant is not caused unreasonable delay
in such performance due to circumstances beyond the Participant's control.
20. SEVERABILITY
It is understood that if a court holds a specific provision within this Agreement
invalid, the remaining provisions of this Agreement continue in effect.
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21. FORCE MAJEURE
It is understood that the District and the Participant are not liable for delay or failure
in performance resulting from acts beyond their control.
22. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the Participant and the
District with respect to the subject matter hereof and supersedes all previous negotiations,
proposals, commitments, writings, advertisements, publications, and understandings of
any nature whatsoever unless expressly included in this Agreement.
23. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without in any way affecting the remainder.
24. NO FINANCIAL THIRD-PARTY BENEFICIARIES
Notwithstanding anything else stated to the contrary herein, it is understood that
Participant's services and activities under this Agreement are being rendered only for the
benefit of the District, and no other person, firm, corporation, or entity shall be deemed
an intended financial third-party beneficiary of this Agreement.
25. AUDIT
Participant shall at any time during regular business hours, and as often as District
may deem necessary make available to the District for examination all of its records and
data with respect to the matters covered in this Agreement. Participant shall, upon
request by District, permit District to audit and inspect all such records and data necessary
to ensure Participant's compliance with the terms of this Agreement.
In addition to enforcement by the District and auditing of the device(s) as the
District deems necessary, CARB reserves the right to conduct a fiscal audit of the
program and associated records during the full term of the Agreement. Participant shall
maintain and retain all project records and data for activities performed under this
Agreement for at least three (3) years after Agreement expiration, three (3) years after
final project payment, or until all state audits are completed for that fiscal year, whichever
is later.
26. COUNTERPARTS
This Agreement may be executed in counterparts, and each of those counterparts
shall be deemed an original for all purposes.
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Participant SJVAPCD
County of Fresno San Joaquin Valley Unified Air Pollution
Control District
DocuSigned by:
I Q tero Chairman of the Board of Sa Wft
S Nis of the County of Fresno Executive Director/APCO
Approved as to legal form:
San Joaquin Valley Unified Air Pollution
Control District
DocuSigned by;
(HWwGT�G BeAa'o2r.
An 'Wlgdittore
ATTEST: District Counsel
Bernice E. Seidel
Clerk of the Board of Supervisors Approved as to accounting form:
County of Fresno, State of California
San Joaquin Valley Unified Air Pollution
Control District
Z
igned by:
R 613u ..
Interim Director of Administrative Services
By: �4 V r`�r� For accounting use only:
Deputy San Joaquin Valley Unified Air Pollution
Control District
Program: 576
Account No.:
ORG No.: 75110800
Account No.: 3575
Fund: 0107
Subclass: 10000
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PROJECT DESCRIPTION
The items listed in the table below have been identified as eligible for reimbursement. If
the Participant wishes for an eligible item that is not listed below to be reimbursed, the
Participant must receive District approval in writing.
Eligible Project Items:
Air Filtration Device Air Filtration Replacement
Make/Model Device Qty. Filter Qty.
Blaisdell AeraMax Pro IV 9451201 2 40
Project Details:
Purchasing Option: Bulk Pricing List Option
Device Location: 25561 Williams Street, Tranquility, CA 93668
EXHIBIT A
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OR San Joaquin Valley CLEAN AIR
AIR POLLUTION CONTROL DISTRICT ,• CENTER Clean Air Centers Pilot Program
Program Guidelines
Over the past few years, the San Joaquin Valley has seen an increase in the severity and intensity of wildfires
and other smoke events throughout the State. During these events,the Valley is blanketed with a thick layer
of smoke for multiple days or weeks creating significant exposure to particulates and air toxics for Valley
Communities. The Clean Air Centers Pilot Program is currently established to provide funding to purchase
portable room filtration devices to create temporary clean air shelters that can provide respite from wildfire
and other smoke events for the vulnerable communities of the Valley when smoke events occur.
Applicants must obtain approval and have a signed, executed contract from the District prior to the
purchase of any equipment. Any equipment purchased prior to contract execution is ineligible for
funding.
I. Program Process
*Submit one Form Al per Legal Entity and a seperate Form A2 per facility location
during the open application solicitation period.
*District staff reviews applications for eligibility, ranks projects by the criteria listed
in section III Program Priority of these guidelines
•Selected applications are offered contracts and upon obtaining all signature,the
contract is executed
*Applicants, with executed contracts, make purchases and/or receive delivery of
selected portable devices. Final invoices submitted to the District for payment
*Operate and maintain devices at the Clean Air Centers and submit annual usage
reports to the District during the 5 year project life.
II. Eligible Applicants
Eligible applicants are those, which can provide access to facilities that are located in or serve a
community that meets the following three (3) criteria listed below. These facilities can include, but are not
limited to:
• Schools, libraries, and other public facilities
• Community centers, senior centers, sports centers, or other private facilities,
1 1 P a g e
Exhibit B
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San Joaquin Valley f CLEAN AIR
AIR POLLUTION CONTROL DISTRICT Alt CENTER Clean Air Centers Pilot Program
A. Cumulative Smoke Burden— Determined by the District to be located in an area that meets one of the
following:
1. Multiple days at or above "Unhealthy" category of AirNow Air Quality Index (or AirQuality Index
value of 151 or higher) due to wildfire smoke in the past five years.'
2. An area identified by the District based on wildfire smoke health advisory notices announced in
the past five years.
B. Proximity to Vulnerable Populations - In order to ensure facilities will be able to serve vulnerable
populations, facilities must be located in or serve a community that meets any one of the following
conditions:
1. A CARB-designated AB 617 community within the District boundaries.
2. A community served by a low-income school - School maintained by a local educational agency
that has at least 40 percent of its pupils being from low-income families, as specified pursuant to
Title I of the federal Elementary and Secondary Act of 1965 (20U.S.C. Sec. 6301 et seq.).
3. A "disadvantaged community", "severely disadvantaged community" or "low income
community"z
4. A community within an area identified as among the most disadvantaged 25 percent of areas in
the state according to the California Environmental Protection Agency and based on the
California Communities Environmental Health Screening Tool, also known as CalEnviroScreen 3.0
(SB 535 communities).
5. Located on lands belonging to one of the federally recognized Indian tribes or other California
Native Americans, as defined by Governor's Executive Order B-10-11.
6. A community recommended by the District based on relevant information that supports one of
the elements above.
C. Facility Requirements- Facilities should meet the following eligibility criteria:
1. Must be able to provide access to the public as a clean air shelter during wildfires and other
smoke events.
2. The facility or the part of the facility that shall be upgraded with high efficiency air filters and
intended for use as a clean air shelter is eligible for this grant.
III. Program Priority
The goal of this pilot program is to provide respite from wildfire smoke to vulnerable populations,
applications that are better aligned with this goal shall be prioritized. Facilities meeting the following
criteria shall be given higher priority in the scoring and selection process.
A. Located in schools that meet the criteria outlined in section 1(13)(2) of the guidelines
B. Facilities that are close to and provide easy access for vulnerable populations.
C. Have a reasonable capacity to meet the possible clean air center needs of vulnerable populations.
D. Facilities that are designated as a Cooling Centers.
1 Historical AirNow Air Quality Index data can be found here: https://gispub.epa.gov/airnow/index.html?tab=3
Z Grant Funding Environmental Justice Map:
http://valleyair.org/Programs/EnvironmentaIJustice/Environmental Justice idx.htm#eimap
2 1 P a g e
Exhibit B
DocuSign Envelope ID:9OBA7892-D7AD-4CAO-AECC-5OC2C728FBE2
San Joaquin Valley f CLEAN AIR
AIR POLLUTION CONTROL DISTRICT Alt CENTER Clean Air Centers Pilot Program
E. Facilities that are capable of providing the greatest amount of access to the public as a clean air shelter
during wildfires and other smoke events.
IV. Eligible Project Type
A. Portable Air Cleaner Purchase
1. Portable air cleaners must be certified by the California Air Resources Board for sale and use in
California.'
2. Portable air cleaners must be equipped with a HEPA filter.
3. An established plan for operating portable air cleaners is required. The plan must include the
logistics of device deployment during wildfires and other smoke events, the management of device
inventory and maintenance, and the list of partner organizations and their roles. Please see the
application Form A2 for more information on the project plan.
4. Replacement air filters needed for up to five years can be included in the budget.
V. Funding
Funding is provided to purchase the appropriate number of units to serve the square footage of the facility,
based on the manufacturer recommendation, and the number of air filter panels sufficient to last up to 5
yea rs.
Type of Equipment Funding Amount
Portable Air Cleaners & Replacement Filters Up to 100%
A. Fund Allocation by County
Funds will be allocated by County based on the percentage of population per county as identified in the
table below. The District intends to fund multiple facilities per county and reserves the right to reallocate
funds based on interest and need as well as limit the amount a single entity can received in order to ensure
the greatest equity per county and meet the goals of the pilot program.
County Population* % Population qW Clean Air Centers Funding
San Joaqulm 783,534 18.4% $127,980
Stanislaus 555,968 13.1% $90,810
Merced . 284,836 6.7% $46,524
r
Madera 158,474 3.7% $25,885
Fresno 1,026,681 24.2% $167,695
Kings 152,543 3.6% $24,916
Tulare 481,733 11.3% $78,685
Kern (Valley) 803,576 18.9% $131,254
Total: 4,247,345 100.00% $693,750
3 List of CARE-Certified Air Cleaning Devices can be found here:https://ww2.orb.ca.gov/list-carb-certified-air-cleaning-devices
3 1 P a g e
Exhibit B
DocuSign Envelope ID:90BA7892-D7AD-4CAO-AECC-5OC2C728FBE2
San Joaquin Valley f CLEAN AIR
AIR POLLUTION CONTROL DISTRICT Alt CENTER Clean Air Centers Pilot Program
B. Purchasing Pathways
Upon completing an application, applicants can select one of two purchasing pathways below for portable
clean air devices and replacement filters.
1. Bulk Pricing List - Select a device from the District's approved bulk pricing list and the District
will arrange payment directly to the selected manufacturer and have the device delivered to the
applicant's indicated address. This option does not require any out-of-pockets expenses.
2. Buy Direct- Purchase a CARB certified portable air filter device directly from a vendor of your
choice and request reimbursement from the District. This option requires the applicant to
purchase the equipment up front then receive reimbursement after devices have been paid for
and delivered.
C. Ineligible Costs
Clean Air Center funds may not be used to reimburse for the following costs:
1. Administrative costs: such as, but not limited to accounting activities, fulfilling contractual
obligations, audits, reporting and record-keeping requirements;
2. Air Quality Monitoring Device;
3. Facility approvals and coordination costs;
4. Operational costs such as, but not limited to labor costs for staffing, deployment and
maintenance of devices, and building maintenance and overhead costs;
5. Costs to improve the clean air center.
VI. Applicant Responsibilities
If selected for grant funding, the Applicant will enter into funding agreement with the District. Funding
agreements will include requirements for project schedule, deadlines, funding award amount, project
scope, performance requirements/ penalties, monitoring and reporting, payment procedures,
recordkeeping, termination, repayment, etc. The following are some of the requirements Applicants must
agree to and do to participate:
A. Pending the selected purchase pathway, send order request for portable air cleaners and replacement
filters to be purchased by the District or pay 100%for cost of portable air cleaners and replacement
filters (prior to reimbursement);
B. Place into service all equipment funded through the District, as needed, during the project term;
C. Replace portable air cleaners that are lost, broken, or stolen within 30 days;
D. Should a Portable Air Cleaner need to be relocated to a different Clean Air Center, the Applicant is
responsible notifying the District of the new location and reason for the relocation by the following
wildfire or other smoke event and on the annual usage report.
E. Operate and maintain portable air cleaners for Clean Air Centers for a minimum period of five years,
and ensure that the project achieves its intended purpose. If the Applicant outsources operations, the
Applicant is responsible for meeting grant requirements. If Applicant does not deploy portable air
cleaners for Clean Air Centers at the end of 5-year operation period, the Applicant may be required to
repay the grant funds to the District.
F. Ensure that all locations where portable air cleaners are deployed are well-lit, secure, and in compliance
with all Local, State, and Federal regulations and/or requirements;
4 1 P a g e
Exhibit B
DocuSign Envelope ID:90BA7892-D7AD-4CAO-AECC-5OC2C728FBE2
I San Joaquin Valley CLEAN AIR
AIR POLLUTION CONTROL DISTRICT `� CENTER Clean Air Centers Pilot Program
G. Keep an inventory of portable air cleaners and their locations;
H. Submit annual usage reports on the status and usage including, but not limited to: location, dates and
hours of operation, and estimated capacity during a wildfire or other smoke event of portable air
cleaners to the District each year during the duration of the Project Life.
I. Allow District staff or its authorized representatives to inspect the project and conduct financial audits
and agree to make available to the District all records relating to project performance and expenses
incurred.
J. Retain records for five (5) years beyond the completion of the Project Life.
VII. Application Process Overview
Application submittal and review
A. All applications received within the specified application period will be subject to a review process, which
will include the following:
projectsPW Rank
basedVerify applicant's Select projects .
kk 9qq each county . .
eligibility for criteria set forth in rankning offer
participation contract
these guidelinek
III, A
B. All applications received within the specified application period will be ranked according to the criteria
listed in section II Program Priority of these guidelines.
C. Application Package for Portable Air Cleaner Purchase should include:
1. Application Form Al
• Application Details: Applicant name, type of entity, contact information
• Signed Certification
2. Application Form A2— Project Plan
• Facility Information - Clean Air Centers must be available to the general public during
wildfire and other smoke events and operate for a minimum of 5 years. Facilities
operated by a Community Based Organization or school may modify the general public
requirement.
• New Equipment Information
Contract and Payment
A. Contract Offers will be issued to eligible projects based on ranking position in each county until program
funds are exhausted.
1. Contracts will be subject to a Project Life of five (5) years commencing on the day the new
equipment purchased, as indicated on the final sales invoice.
B. Equipment can be purchased and installed only after a fully executed contracted has been issued. A
contract is considered fully executed when all parties have signed.
C. Payments from the District shall be made in one of 2 ways:
5 �
Exhibit B
DocuSign Envelope ID:90BA7892-D7AD-4CAO-AECC-5OC2C728FBE2
I San Joaquin Valley f♦11111, CLEAN AIR
AIR POLLUTION CONTROL DISTRICT CENTER Clean Air Centers Pilot Program
1. Portable devices selected from the District's approved bulk pricing list- payment will be made
directly to the manufacturer upon verification that the selected equipment has been received
by the applicant and is fully functioning.
2. Portable devices purchased by the applicant—will be reimbursed directly to the applicant upon
receipt of a complete Claim for Payment request.
D. Payments will be released upon receipt of a complete claim for payment (CFP) request. The following
support documents will be required for a complete CFP:
1. Report documenting portable air cleaner purchase and serial numbers
2. Project invoices and proof of payment and deposit (payment documents applicable if purchase
made directly by applicant)
3. Photos of portable air cleaners
4. List of portable air cleaner locations
E. Applicants will be required to submit annual operation reports to the District for the life of the project.
Annual reports will be provided by the District and mailed to applicants annually approximately one
year from the date of the final sales invoice. The report will include items such as, but not limited to
the followings:
1. Device deployment record including items such as:
a. Date and times of device deployment
b. Address of the facilities where the devices were deployed
c. Device model number and quantity of the deployed devices
2. Information on the attendees at each deployment location such as:
a. Number of attendees per opening
b. Duration of the time utilizing the center
c. Comments or feedback from the attendees
3. Operational issues and/or maintenance on the devices
Additional project types will be considered on a case-by-case basis. Applicants interested in other options
should contact District staff for more information.
For assistance regarding the program, please contact program staff by phone or email at:
(559)230-5800
Grants@valleyair.org
(Subject line must indicate Clean Air Center& your name)
6 1 P a g e
Exhibit B