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schoolbus -- Recent Lower-Emission School Bus Program Case-by-Case Determination Ref#2011-37 Posted Posted: 13 Jun 2011 11:46:48
A Lower-Emission School Bus Program (LESBP) case-by-case (CBC) determination has recently been made by ARB staff. Due to the unusual nature of this CBC request, the ARB finds it necessary to stress the importance of thorough reading of contracts by successful applicants before beginning work. While the ARB understands the circumstances surrounding this project, the ARB considers this to be a very unusual request and will not approve similar CBC requests in the future. This email provides a summary of the request and determination for your information. This determination was recently posted to the LESBP website at http://www.arb.ca.gov/bonds/schoolbus/case_by_case/case_by_case.htm, as requested by the California Air Pollution Control Officers Association (CAPCOA): Reference #2011-37 Request: Allow LESBP funding of a Big Valley Joint Unified School District replacement bus (VIN 1BABNBXA6CF284427), granting an exemption for work begun before full execution of contract. Air District: San Joaquin Valley APCD (for Lassen County APCD) Guidelines Section(s): Appendix C, Section F.1 Determination: The air district and school district had been discussing replacement and retrofit projects simultaneously. In early 2011, the air district approved a bus replacement project for the school district, but did not provide a contract at that time. Later, in March 2011, the air district sent an executed contract to retrofit two buses to the school district. At the same time, the air district and school district had been working to finalize the bus replacement project, in preparation for “going to contract.” When the school district received the executed retrofit contract and retrofit reimbursement paperwork from the air district, the school district mistook these documents as a replacement contract and accompanying reimbursement paperwork, and began work as if an executed replacement contract had been received. The school district proceeded to purchase a new replacement bus (VIN 1BABNBXA6CF284427) and to dismantle the old bus (VIN 1BABWCMAIAF050393). The air district did not become aware of what had happened until May 2011, when the school district submitted a claim for payment packet for the new bus. The air district confirms that it has all documentation showing the eligibility of both the old bus and the new replacement bus, and that it will keep on file a letter from the school district that attests to their mistaken understanding of the contract and reimbursement paperwork that they received. This approval is contingent upon the air district obtaining documentation that work on the replacement project did not begin before full execution of the retrofit contract that was mistaken by the school district as a replacement contract. Finally, while the ARB understands the circumstances surrounding this project, the ARB considers this to be a very unusual request and will not approve similar case-by-case requests in the future. ARB Action: Approved for funding with LESBP funds. Determination Date: June 9, 2011 Contact: Kimya Lambert (916) 323-2507