HomeMy WebLinkAboutSouth Coast Air Quality Management District ("SCAQMD") - 2024-05-07 (2) NTiNcr�' 2000 Main Street,
oec,.,Z40 otie Huntington Beach,CA
92648
City of Huntington Beach APPROVED 7-0
COUNTY
File #: 24-253 MEETING DATE: 5/7/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Sarah Whitecotton, Management Analyst
Subject:
Approve AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air
Quality Management District ("SCAQMD") to provide funding for the City's downtown shuttle
service agreement with Circuit Transit, Inc. ("Circuit")
Statement of Issue:
A two-year downtown electric shuttle service agreement with Circuit Transit, Inc. was approved
effective January 2024, and staff was directed to obtain grants to help fund the contract. Approving
this AQMD/MSRC one-time grant will fund $279,186 of the overall Circuit agreement.
Financial Impact:
The AB 2766/MSRC Microtransit Service Grant Agreement with SCAQMD will fund $279,186 of the
Circuit agreement. A required match of equal funds which will be provided through an Orange County
Transit Authority (OCTA) grant that has been received into business unit 126390001.69505.
Recommended Action:
A) Approve the AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air
Quality Management District for the downtown shuttle service agreement funding for Circuit Transit,
Inc.; and
B) Grant permission to the Director of Public Works to execute the AB 2766/MSRC Microtransit
Service Grant Agreement with the South Coast Air Quality Management District electronically; and
C) Approve a budget appropriation of$279,186 for the AQMD/MSRC grant funds into business
unit 129185101.69505.
Alternative Action(s):
Do not approve the recommended actions, and direct staff accordingly.
Analysis:
City of Huntington Beach Page 1 of 2 Printed on 5/1/2024
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File #: 24-253 MEETING DATE: 5/7/2024
The SCAQMD Governing Board approved funding for the City's downtown electric shuttle project on
June 2, 2023. As a result, staff issued a request for proposals to provide a downtown shuttle service
with bids due in August 2023. An internal panel of staff reviewed all proposals, and rated Circuit as
the most qualified firm; therefore, a contract was negotiated with Circuit for a term of two years and a
not-to-exceed amount of$1,535,426.
The City has obtained sufficient grants to fund this agreement with Circuit. The AB 2766/MSRC
Microtransit Service Grant Agreement from SCAQMD is effective beginning July 1, 2024 and will
provide $279,186 in funding. SCAQMD will audit the shuttle program at least once every two years
over the span of the agreement to ensure compliance with the terms of the grant.
The downtown electric shuttle service program is also being funded through an Orange County
Transit Authority Project V grant of$806,240 (126390001.69505) and In-Lieu Parking Fee funds of
$100,000 (30885101.69505). The remainder of funding will be supplemented with State earmarks
from Senator David Min's Office in the amount of$350,000. There will be no impact to the City's
General Fund to provide this service for the two-year term.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the
City's priority initiatives and projects.
For details, visit www.huntingtonbeachca.gov/strategicplan
<http://www.huntingtonbeachca.govistrategicplan>.
Attachment(s):
1. AB 2766/MSRC Microtransit Service Grant Agreement with the South Coast Air Quality
Management District
2. PowerPoint Presentation
City of Huntington Beach. Page 2 of 2 Printed on 5/1/2024
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DocuSign Envelope ID:03EB992D-1C58-4A1D-ACE9-3141448C4DF7
South Coast Grant Agreement No.MS24005
Air Quality Management District Clean
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from the MSRC
AB 27661MSRC IMPLEMENTATION OF NEW OR EXPANDED MICROTRANSIT SERVICE GRANT AGREEMENT
1. PARTIES
The parties to this Grant Agreement ("Agreement") are the South Coast Air Quality Management District
(referred to here as"SCAQMD")whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178,
and City of Huntington Beach (referred to here as "RECIPIENT") whose address is 2000 Main Street,
Huntington Beach, California 92648.
2. RECITALS
A. SCAQMD is the local agency with primary responsibility for regulating stationary source air pollution within
the geographical boundaries of the South Coast Air Quality Management District in the State of California
(State).
B. Under State Health & Safety Code Sections 44225, et seq. (AB 2766), SCAQMD's Governing Board has
authorized the imposition of the statutorily set motor vehicle fee for the purpose of reducing air pollution
from motor vehicles and to implement the California Clean Air Act. By taking such action, the State's
Department of Motor Vehicles(DMV) is required to collect such fee and remit it periodically to SCAQMD.
C. AB 2766 further mandates that thirty(30) percent of such vehicle registration fees be placed by SCAQMD
into a separate account for the sole purpose of implementing and monitoring programs to reduce air
pollution from motor vehicles.
D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee(MSRC)to develop
a work program to fund projects from the separate account. Pursuant to approval of the work program by
SCAQMD's Governing Board, SCAQMD authorized this Agreement with RECIPIENT for equipment or
services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference
and made a part hereof of this Agreement.
E. RECIPIENT met the requirements for receipt of AB 2766 Discretionary Funds as set forth in RECIPIENT's
Microtransit Zero-Emission Shared Mobility Service Program Proposal dated January 6, 2023 and was
awarded a grant under the work program.
F. RECIPIENT is authorized to do business in the State of California and attests that it is in good tax standing
with the California Franchise Tax Board.
G. All parties to this Agreement have had the opportunity to have this Agreement reviewed by their attorney.
3. DMV FEES
RECIPIENT acknowledges that SCAQMD cannot guarantee that the amount of fees to be collected under AB
2766 will be sufficient to fund this Agreement. RECIPIENT further acknowledges that payment under this
Agreement is contingent upon SCAQMD receiving sufficient funds from the DMV,and that SCAQMD assumes
no responsibility for the collection and remittance of motor vehicle registration fees.
4. AUDIT AND RECORDS RETENTION
A. RECIPIENT shall, at least once every two years, or within two years of the termination of the Agreement
if the term is less than two years, be subject to an audit by SCAQMD or its authorized representative to
determine if the revenues received by RECIPIENT were spent for the reduction of pollution from motor
vehicles pursuant to the Clean Air Act of 1988.
B. RECIPIENT agrees to maintain records related to this Agreement during the Agreement term and continue
to retain these records for a period of two years beyond the Agreement term, except that in no case shall
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Grant Agreement No.MS24005
RECIPIENT be required to retain more than the most recent five years'records. SCAQMD shall coordinate
such audit through RECIPIENT'S audit staff.
C. If an amount is found to be inappropriately expended, SCAQMD may withhold funding, or seek
reimbursement, from RECIPIENT in the amount equal to the amount that was inappropriately
expended. Such withholding shall not be construed as SCAQMD's sole remedy and shall not relieve
RECIPIENT of its obligation to perform under the terms of this Agreement.
5. TERM
This Agreement will become effective when signed by both parties for the period starting July 1,2024 and shall
remain in effect until September 1, 2026, unless terminated as specified herein or extended by amendment of
this Contract in writing. No work shall commence prior to the Agreement start date, except at RECIPIENT's
cost and risk, and no charges are authorized until this Agreement is fully executed, subject to the provisions
stated in the PRE-AGREEMENT COSTS clause of this Agreement.
6. SUCCESSORS-IN-INTEREST
This Agreement, and the obligations arising under the Agreement, shall be binding on and inure to the benefit
of RECIPIENT and their executors, administrators, successors, and assigns.
7. REPORTING
RECIPIENT shall submit reports to SCAQMD as outlined in Attachment 1 - Statement of Work. SCAQMD
reserves the right to review, comment, and request changes to any report produced as a result of this
Agreement.
8. TERMINATION
A. In the event any party fails to comply with any term or condition of this Agreement or fails to provide
services in the manner agreed upon by the parties, including, but not limited to, the requirements of
Attachment 1 - Statement of Work, this failure shall constitute a breach of this Agreement. The non-
breaching party shall notify the breaching party that it must cure this breach or provide written notification
of its intention to terminate this Agreement. Notification shall be provided in the manner set forth in the
NOTICES clause of this Agreement. The non-breaching party reserves all rights under law and equity to
enforce this Agreement and recover damages.
B. SCAQMD reserves the right to terminate this Agreement, in whole or in part, without cause, upon thirty
(30) days' written notice. Once such notice has been given, RECIPIENT shall use all reasonable efforts
to mitigate its expenses and obligations. RECIPIENT will be paid in accordance with this Agreement for
tasks performed and costs incurred that could not be mitigated before the effective date of termination.
B. RECIPIENT shall be paid in accordance with this Agreement for all Work performed before the effective
date of termination under section B of the TERMINATION clause of this Agreement. Before expiration of
the thirty(30)days'written notice, RECIPIENT shall promptly deliver to SCAQMD all copies of documents
and other information and data prepared or developed by RECIPIENT under this Agreement with the
exception of a record copy of such materials, which may be retained by RECIPIENT.
9. INSURANCE
RECIPIENT represents that it is permissibly self-insured and will maintain such self-insurance in accordance
with applicable provisions of California law throughout the term of this Agreement. RECIPIENT shall provide
evidence of sufficient coverage annually during the term of this Agreement and any extensions thereof that
meet or exceed the minimum requirements set forth by the SCAQMD below. The certificate of self-insurance
shall be mailed to: SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765-4178, Attention: Cynthia
Ravenstein, MSRC Agreements Administrator and sent by email to SCAQMD Risk Management
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Grant Agreement No.MS24005
(insurancecertificate@aqmd.gov). The SCAQMD Agreement Number must be included on the face of the
certificate. If RECIPIENT fails to maintain the required insurance coverage, SCAQMD reserves the right to
terminate the Agreement or purchase such additional insurance and bill RECIPIENT or deduct the cost thereof
from any payments owed to RECIPIENT. Minimum insurance coverages are as follows:
A. Worker's compensation insurance in accordance with either California or other state's
applicable statutory requirements.
B. General Liability insurance with a limit of at least$1,000,000 per occurrence, and
$2,000,000 in general aggregate.
C. Automobile Liability insurance with limits of at least$100,000 per person and $300,000 per
accident for bodily injuries and $50,000 in property damage, or$1,000,000 combined
single limit for bodily injury or property damage.
10. INDEMNIFICATION
RECIPIENT agrees to hold harmless, defend and indemnify SCAQMD, its officers, employees, agents,
representatives, and successors-in-interest against any and all loss, damage, costs, lawsuits, claims,
demands, causes of action,judgments, attorney's fees, or any other expenses arising from or related to any
third party claim against SCAQMD, its officers, employees, agents, representatives, or successors in interest
that arise or result in whole or in part, from any actual or alleged act or omission of RECIPIENT, its officers, its
employees, contractors,agents or representatives in the performance of this Agreement. This Indemnification
Clause shall survive the expiration or termination (for any reason) of the Agreement and shall remain in full
force and effect.
11. PAYMENT
A. SCAQMD shall reimburse RECIPIENT up to a total amount of Two Hundred Seventy-Nine Thousand One
Hundred Eighty-Six Dollars ($279,186) in accordance with Attachment 2 - Payment Schedule expressly
incorporated herein by this reference and made a part hereof of the Agreement.
B. A withhold amount or percentage (if any) shall be identified in the Payment Schedule, and such amount
shall be withheld from each invoice. Upon satisfactory completion of project and final acceptance of work
and the final report, RECIPIENT's invoice for the withheld amount shall be released. Proof of project
completion shall include a Final Report detailing the project goals and accomplishments, data collected
during project performance, if any,documentation of significant results,and emissions reduction input data
needed for calculation of emissions reductions.
C. Any funds not expended upon early Agreement termination or Agreement completion shall revert to the
AB 2766 Discretionary Fund. Payment of charges shall be made by SCAQMD to RECIPIENT within thirty
(30)days after approval by SCAQMD of an itemized invoice prepared and furnished by RECIPIENT.
D. An invoice submitted to SCAQMD for payment must be prepared in duplicate,on company letterhead,and
list SCAQMD's Agreement number, period covered by invoice, and RECIPIENT's social security number
or Employer Identification Number and submitted to:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contracts Administrator
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Grant Agreement No.MS24005
1. Charges for equipment, material, and supply costs, travel expenses, contractor, and other charges,
as applicable, must be itemized by RECIPIENT. Reimbursement for equipment, material, supplies,
contractor, and other charges, as applicable, shall be made at actual cost. Supporting
documentation must be provided for all individual charges(with the exception of direct labor charges
provided by RECIPIENT).
2. SCAQMD shall pay RECIPIENT for travel-related expenses only if such travel is expressly set forth
in Attachment 2- Payment Schedule of this Agreement or pre-authorized by SCAQMD in writing.
3. RECIPIENT's failure to provide receipts shall be grounds for SCAQMD's non-reimbursement of such
charges. SCAQMD may reduce payments on invoices by those charges for which receipts were not
provided.
4. RECIPIENT must submit final invoice no later than ninety(90)days after the termination date of this
Agreement or invoice may not be paid.
12. COMPLIANCE WITH APPLICABLE LAWS, LICENSES, PERMITS
RECIPIENT agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and
orders of public authorities in the performance of this Agreement, including complying with all licensing and
permitting requirements and obtaining all clearances from appropriate agencies applicable to the
project. RECIPIENT must also ensure that the vehicles and/or equipment to be purchased, leased or installed
in the performance of this Agreement are in compliance with all applicable federal, state, and local air quality
rules and regulations,and that it will maintain compliance for the full Agreement term. RECIPIENT shall ensure
that the provisions of this clause are included in all contracts and subcontracts.
13. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs)
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be
generated and/or sold.
B. RECIPIENT has the opportunity to generate MSERCs as a by-product of the project if a portion of the air
quality benefits attributable to the project resulted from funding sources other than AB2766. These
MSERCs, which are issued by SCAQMD, are based upon the quantified vehicle miles traveled (VMT) by
project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs,
generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits funded by the
AB 2766 program, and which are subject to retirement, shall be referred to as"AB 2766-MSERCs."
C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution
to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are
used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering
of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The
determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based
upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the
project's overall cost will be on a case-by-case basis at the time an MSERC application is submitted.
SCAQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the
AB 2766-MSERCs. RECIPIENT would then receive the balance of the MSERCs not associated with AB
2766 funding.
14. 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 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 email, U.S. Mail, express, certified, return receipt requested, or a nationally recognized overnight courier
service. In the case of email communications, valid notice shall be deemed to have been delivered upon
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Grant Agreement No.MS24005
sending, provided the sender obtained an electronic confirmation of delivery. Email communications shall be
deemed to have been received on the date of such transmission, provided such date was a business day
(Tuesday-Friday) and delivered prior to 5:30pm Pacific Standard Time. Otherwise, receipt of email
communications shall be deemed to have occurred on the following business day. In the case of U.S. Mail
notice, notice shall be deemed to be received when delivered or five(5)business days after deposit in the U.S.
Mail. In the case of a nationally recognized overnight courier service, notice shall be deemed received when
delivered (written receipt of delivery).
SCAQMD:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contracts Administrator, email: cravenstein(a,agmd.gov
RECIPIENT:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: Chau Vu, email: chau.vu@surfcity-hb.org
15. INDEPENDENT CONTRACTOR
RECIPIENT, its officers,employees, agents,or representatives shall act in an independent capacity,and shall
in no sense be considered employees or agents of SCAQMD, nor shall RECIPIENT, its officers, employees,
agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or
extended by SCAQMD to its employees. SCAQMD will not supervise, direct, or have control over, or be
responsible for RECIPIENT's means, methods, techniques, work sequences or procedures, or for the safety
precautions and programs incident thereto,or for any failure by them to comply with any local,state, or federal
laws, or rules or regulations, including state minimum wage laws and OSHA requirements.
16. OWNERSHIP
Title and full ownership rights to any equipment purchased under this Agreement shall at all times remain with
RECIPIENT.
17. NON-DISCRIMINATION
In the performance of this Agreement, RECIPIENT shall not unlawfully discriminate, harass or allow
harassment, against any employee or applicant for employment on the basis of race, religious creed, color,
national origin, ancestry, sex, sexual orientation, marital status, age, mental status, medical condition, physical
or mental disability, or allow unlawful denial of family and medical care leave, denial of pregnancy disability
leave, or reasonable accommodations. RECIPIENT shall comply with the provisions of the California Fair
Employment& Housing Act(Government Code Sections 12900 et seq.), the Federal Civil Rights Act of 1964
(P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all
administrative rules and regulations issued pursuant to said Acts and Order.
18. ASSIGNMENT AND TRANSFER OF EQUIPMENT
A. The rights and responsibilities granted hereby may not be assigned,sold, licensed,or otherwise transferred
by RECIPIENT without the prior written consent of SCAQMD, and any attempt by RECIPIENT to do so
shall be void upon inception.
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B. RECIPIENT agrees to obtain SCAQMD's written consent to any assignment, sale, license or transfer of
Equipment, if any,prior to completing the transaction. RECIPIENT shall inform the proposed assignee,
buyer, licensee or transferee (collectively referred to here as"Buyer")of the terms of this Agreement.
RECIPIENT is responsible for establishing contact between SCAQMD and the Buyer and shall assist
SCAQMD in facilitating the transfer of this Agreement's terms and conditions to the Buyer. RECIPIENT
will not be relieved of the legal obligation to fulfill the terms and conditions of this Agreement until
and unless the Buyer has assumed responsibility of this Agreement's terms and conditions
through an executed Agreement with SCAQMD.
19. NON-EFFECT OF WAIVER
The failure of RECIPIENT or SCAQMD to insist upon the performance of any or all of the terms, covenants, or
conditions of this Agreement, or failure to exercise any rights or remedies hereunder, shall not be construed
as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the
future exercise of such rights or remedies, unless otherwise provided for herein.
20. TAX IMPLICATIONS FROM RECEIPT OF MSRC FUNDS
RECIPIENT is advised to consult a tax attorney regarding potential tax implications from receipt of MSRC
funds.
21. ATTORNEYS' FEES
In the event any action is filed in connection with the enforcement or interpretation of this Agreement, each
party in said action shall pay its own attorneys'fees and costs.
22. FORCE MAJEURE
A party shall not be liable or deemed to be in default for any delay or failure in performance under this
Agreement or interruption of services resulting,directly or indirectly,from acts of God,civil or military authority,
acts of public enemy,war,strikes,labor disputes,shortages of suitable parts, materials, labor or transportation,
or any similar cause beyond the party's reasonable control.
23. SEVERABILITY
In the event that any one or more of the provisions contained in this Agreement shall for any reason be held
to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other
provisions of this Agreement, and the Agreement shall then be construed as if such unenforceable provisions
are not a part hereof.
24. HEADINGS
Headings on the clauses of this Agreement are for convenience and reference only, and the words contained
therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning
of the provisions of this Agreement.
25. SIGNATURES
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original
and all of which shall constitute together one and the same instrument. Further, the parties agree that this
Agreement or any counterpart may be executed and delivered by DocuSign, or by transmitting a manual
signature by fax or .pdf, which shall have the same force and effect as copies executed and delivered with
original manual signatures.
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26. GOVERNING LAW
This Agreement shall be construed and interpreted,and the legal relations created thereby shall be determined
in accordance with the laws of the State of California. Venue for resolution of any disputes under this
Agreement shall be Los Angeles County, California.
27. PRE-AGREEMENT COSTS
Any costs incurred by RECIPIENT prior to RECIPIENT receipt of a fully executed Agreement shall be incurred
solely at the risk of the RECIPIENT. In the event that this Agreement is not executed, neither the MSRC nor
the SCAQMD shall be liable for any amounts expended in anticipation of a fully executed Agreement. If this
Agreement is fully executed,pre-Agreement cost expenditures authorized by the Agreement will be reimbursed
in accordance with the Payment Schedule and payment provision of the Agreement.
28. CHANGE TERMS
Changes to any part of this Agreement must be requested in writing by RECIPIENT and approved by MSRC
in accordance with MSRC policies and procedures. RECIPIENT must make requests a minimum of 90 days
prior to desired effective date of change. All modifications to this Agreement shall be in writing and signed by
the authorized representatives of the parties. Fueling station location changes shall not be approved under
any circumstances.
29. ENTIRE AGREEMENT
This Agreement represents the entire agreement between RECIPIENT and SCAQMD. There are no
understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver,
alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and
signed by the authorized representative of the party against whom enforcement of such waiver, alteration, or
modification is sought. No waiver by either party of any breach of, or of compliance with, any condition or
provision of this Agreement by the other party shall be considered a waiver of any other condition or provision
or of the same condition or provision at another time.
30. AUTHORITY
The signatory hereto represents and warrants that he or she is authorized and empowered and has the legal
capacity to execute this Agreement and to legally bind RECIPIENT both in an operational and financial capacity
and that the requirements and obligations under this Agreement are legally enforceable and binding on
RECIPIENT.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
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IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be duly executed on their
behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF HUNTINGTON BEACH
,-DocuSignned by: ,-DocuSigned by:
VIUAX,SSA,
vO CLux
By: '-80DA596BAE294BD By: —FA2FA328DOEB4DB..
Vanessa Delgado,Chair,Governing Board Name: Chau vu
Title: Di rector of Public works
5/8/2024 5/8/2024
Date: Date:
Receive and File
APPROVED AS TO FORM:
Bayron T.Gilchrist,General Counsel 4 !.iAi
City Cler /5.
B
ags.6._
//MSRC Master Boilerplate
Revised March 15,2023
8
DoouSign Envelope 1D:03EB992D-1 C58.4A1 D-ACE9-3141448C4DF7
Grant Agreement No,MS24005
IN WITNESS WHEREOF,the parties to this Agreement have caused this Agreement to be duly executed on their
behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF HUNTINGTON BEACH
r /
I
By: By:
Vanessa Delgado,Chair,Governing Board Name: cli au vu
Title:
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM
Bayron T,Gilchrist,General Counsel fr
Oy:
::�;•,': ',.: „ : :':'•; MICHAEL E.GATES
CITY ATTORNEY
:<.;CITY OF HUNTINGTON BEACH
•
//MSRG Master'Boilerplate
Revised March 15,2023
8
314
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Attachment 1
Statement of Work
City of Huntington Beach
Agreement Number MS24005
Project Description
The purpose of this Agreement is to implement a project to expand existing microtransit services
by increasing the existing microtransit service area in Huntington Beach, California. The City of
Huntington Beach,hereinafter referred to as RECIPIENT,proposed to partner with Circuit Transit,
Inc., hereinafter referred to as OPERATOR, to provide such micro-transit service, Expanded HB
Circuit Service.The expanded service is to be provided in an approximately 0.4 square mile area
of the City of Huntington Beach, which combined with the existing service area will provide a
total approximately 1.9 square mile service area. One of the goals of the program is to attract
new transit riders by connecting them to/from their final destinations. The service will also
incentivize residents, employees and visitors to park only once and use the service to travel
within the service area, thereby reducing the number of short trips. Using funds provided by
SCAQMD, on behalf of the Mobile Source Air Pollution Reduction Review Committee (MSRC),
RECIPIENT shall implement the expanded HB Circuit Service.
Statement of Work
Task I: Plan Expanded HB Circuit Service
RECIPIENT shall work with OPERATOR to complete planning of Expanded HB Circuit Service.
Service shall meet the following parameters:
A. Duration-The expanded HB Circuit Service project shall operate for 12 months.
B. Schedule- Expanded HB Circuit Service shall be provided from:
1. 12:00 p.m.to 9:00 p.m. Mondays through Thursdays;
2. 10:00 a.m.to 10:00 p.m. on Fridays and Saturdays; and
3. 10:00 a.m.to 9:00 p.m. on Sundays.
Hours of operation are subject to change depending upon demand, but in no case shall
service be provided for fewer than 195 hours per week.
C. Expanded HB Circuit Service Area - Expanded HB Circuit Service shall be provided in the area
shown in Attachment 3-Service Area.
D. Ride Hailing Process- OPERATOR shall provide a mobile application through which users can
book a ride directly. Users shall also have the option of hailing a vehicle directly on the street.
E. Fare: Rides will be offered for$2 during the MSRC-supported year of the service.The cost for
groups of three or more will be capped at$6.
F. Vehicles: A minimum of four vehicles shall be in operation at all times during the service
hours, with one Americans with Disabilities Act (ADA)-accessible vehicle immediately
available to be placed into service as needed. GEM e6 battery electric vehicles, with capacity
for five seated passengers and the driver, shall be used to provide service. Supporting
documentation to substantiate the vehicles used shall be made available upon request.
DocuSign Envelope ID:03EB992D-1C58-4A1 D-ACE9-3141448C4DF7
Attachment 1
Statement of Work
City of Huntington Beach
Agreement Number MS24005
Task II: Conduct Outreach
Promotional efforts shall market Expanded HB Circuit Service and,where feasible,the air quality
benefits of alternative commute modes. Additionally, RECIPIENT shall pursue cross-promotional
opportunities with trip destinations/hubs within the Service Area. When feasible, proposed
marketing materials shall be submitted to the MSRC Contracts Administrator for review and
approval prior to publication or posting. The MSRC Contracts Administrator shall respond, if
applicable, with any comments within three business days, otherwise, the proposed materials
shall be deemed approved. Expanded HB Circuit Service promotion elements shall include, but
are not limited to:
A. Branding: Expanded HB Circuit Service identity including vehicle wraps and branded
collaterals to portray a positive and memorable impression of Expanded HB Circuit Service;
B. Mass Communication/Advertising:
1. Social media and website postings;
2. Articles in newsletters; and
3. Promotion at community events.
Task III:Operate Service
RECIPIENT shall oversee and be responsible for OPERATOR's operation of expanded HB Circuit
Service in accordance with the parameters set forth above. RECIPIENT shall be reimbursed on a
quarterly basis for the operating cost of providing microtransit service,as set forth in Attachment
2—Payment Schedule.
Task IV: Develop and Initiate Plan for Future Operation
RECIPIENT shall develop a plan for continuing operation of the Service following the end of MSRC
funding assistance and take such preparatory steps as necessary to implement the plan
immediately at the end of the MSRC-supported service. The plan shall be included in the
reporting discussed below.
Task V: Monitoring, Documentation,and Reporting
Quarterly Reports: RECIPIENT shall provide an accounting of achievement of milestones;
current activity; information on outreach impressions (e.g. number of social media hits);
preliminary findings and recommendations for completion of agreement; any project delays or
problems and solutions;and summary and analysis of project results to date on a quarterly
basis. Progress Reports that do not comply will be returned to the RECIPIENT as inadequate.
Final Report: Following completion of the 12-month duration of MSRC-supported service,
RECIPIENT shall prepare a Final Report, in the format provided by MSRC staff,that summarizes
actions taken to develop the program, identifies any obstacles and solutions, discusses the
successes of various marketing and administrative techniques or procedures, and quantifies the
overall emission reduction benefits of the project. The Final Report shall also address boardings
per revenue hour, percent shared rides, percentage of trips to/from transit hubs, and customer
satisfaction.
DocuSign Envelope ID:03EB992D-1C58-4A1D-ACE9-3141448C4DF7
Attachment 1
Statement of Work
City of Huntington Beach
Agreement Number MS24005
• Project Schedule
RECIPIENT shall comply with the increments of progress identified in the following chart.
Task Completion
Task I: Plan Expanded Service April 2025
Task II: Conduct Outreach May 2026
Task III: Operate Service June 2026
Task IV: Develop Plan for Future April 2026
Operation
Task V: Monitoring and Reporting
On the 15th of January, April,
July, and October for the
Quarterly reports previous quarter until MSRC-
supported operation is
complete
Final Report September 2026
DocuSign Envelope ID:03EB992D-1C58-4A1D-ACE9-3141448C4DF7
Attachment 2
Payment Schedule
City of Huntington Beach
Agreement Number MS24005
Cost Breakdown
Maximum
Expanded HB Circuit AB 2766 RECIPIENT and
Ride Share Program Discretionary partners' Total Project
Cost Element Funds payable Cost
Co-Funding
under this
Agreement
Task I: Plan Expanded
HB Circuit Ride Share $0 $15,000 $15,000
Program
Task II:Conduct
Outreach $0 $25,000 $25,000
Task Ill:Operate Service $279,186 $279,186 $558,372
Task IV: Develop and
Initiate Plan for Future $0 $50,000 $50,000
Operation
Task V: Monitoring,
Documentation and $0 $20,000 $20,000
Reporting
Totals $279,186 $389,186 $668,372
RECIPIENT and partners' co-funding contributions for Tasks I, II, IV and V are not required to be
documented provided that other co-funding sources are equal to or greater than $279,186. Co-
funding must be expended proportionally, so that the amount of AB 2766 Discretionary Funds
reimbursed to RECIPIENT shall not exceed 50%of actual costs.
RECIPIENT shall be reimbursed according to the amounts stated above upon submission of
invoices which shall include a detailed accounting of labor hours and other expenses, as well as
submission of any third-party invoices. For Outreach work, lost revenue which might otherwise
have been obtained had the advertising space been sold, sometimes referred to as the "value"
of the advertising, does not qualify for reimbursement.
DocuSign Envelope ID:03EB992D-1C58 4A1D-ACE9-3141448C4DF7
Attachment 3
Supporting Documentation
City of Huntington Beach
Agreement Number MS24005
1. Map of Service Area
Huntington Beach Circuit Ride Share Program o`
Exhibit A - Service Area
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DocuSign Envelope ID:03EB992D-1C58-4A1D-ACE9-3141448C4DF7
Attachment 3
Supporting Documentation
City of Huntington Beach
Agreement Number MS24005
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BACKG ROU N
• The downtown electric shuttle service agreement,
Circuit Transit, Inc. , was approved for a two-year
contract effective January 2024. Staff.was directed to
obtain grant funding for the majority of the contract.
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322
Details
• The AB 2766/MSRC Microtransit Service Grant Agreement with
the South Coast Air Quality Management District for the
downtown shuttle service agreement funding for Circuit Transit,
Inc. will fund $279, 186 of this contract amount.
• Previously approved funding was in the form of an Orange
County Transit Authority Project V grant of $806,240
(126390001 .69505) and In-Lieu Parking Fee funds of $100,000
(30885101 .69505).
• The remainder of the funding will be supplemented with State 00 Oc:•••:NcoRP°RG °��
earmarks from Senator David Min s Office in the amount of $F., /
$350,000.
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323