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HomeMy WebLinkAboutR-1980-9-01RESOLUTION NO. 1980-9-01(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE STATE OF TEXAS, AUTHORIZING PARTICIPATION IN THE CLEAN VEHICLE PROGRAM; DESIGNATING THE CITY MANAGER OR DESIGNEE AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THE PROGRAM; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Agreement by and between the City of Allen, Texas, and The State of Texas, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (herein called "Agreement"); and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the teras and conditions thereof should be approved, and that the City Manager or designee should be authorized to execute the Agreement on behalf of the City of Allen, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terms and conditions of the Agreement, having been reviewed by the City Council of the ' City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the same is hereby, in all things approved. SECTION 2: The City Manager or designee, under the direction of the City Council of the City of Allen, is hereby designated as the official representative to act for the City in all matters relating to the Clean Vehicle Program. SECTION 3: The City Manager or designee is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Allen, substantially according to the teras and conditions set forth in this Agreement. SECTION 4: This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 6ra DAY OF SEPTEMBER 2001. APPROVED Stephen Terrell, MAYOR ATTEST: `1 J dy Mo • ison, CMC/AAE, CITY SECRETARY CSJ: 0918-45-559 STATE OF TEXAS $ Fiscal Year 2001-2003 Clean Vehicle Program COUNTY OF TRAVIS AGREEMENT FOR FUNDING OF CLEAN VEHICLE PROGRAM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Allen, acting by and through its authorized officials, hereinafter called the "Recipient". WITNESSETH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101, et seq., establishes the National Surface Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, the Transportation Equity Act for the 21" Century ("MA -21") codified under Title 23 U.S.C. Section 101 et seq., authorizes funds for federal -aid highway, highway safety programs, and transit programs, and for other purposes and extends the aforementioned "ISTEA" program; and WHEREAS, Title 23 U.S.C. Section 149, establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134, establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State; and WHEREAS, "TEA -21", Title I, Section 1101(a)(4) authorizes funding for the Surface Transportation Program for Fiscal Years 1998, 1999, 2000, 2001, 2002 and 2003; and WHEREAS, Title 23 U.S.C. Section 120, establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the cost of the desired activity; and WHEREAS, Dallas, Tarrant, Collin and Denton Counties have been designated by the Clean Air Act Amendments of 1990 as an ozone nonattainment area, and thus qualifies for CMAQ funds; and WHEREAS, the North Central Texas Council of Governments, hereinafter identified as "NCTCOG", as the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan area and Denton and Lewisville urbanized areas, has the responsibility for developing transportation control measures for the State implementation plan to assist in the reduction of ozone -forming mobile emissions; and 08/03/01 Page I of 6 WHEREAS, a program of converting new and existing vehicles from conventional fuels to alternative fuels is desired, to be hereinafter identified as the "Clean Vehicle Program'; and WHEREAS, CMAQ funds have been made available to the State through the U.S. Department of Transportation for the advancement of the Clean Vehicle Program; and WHEREAS, NCTCOG has submitted the Clean Vehicle Program through the Texas Natural Resource Conservation Commission to the U.S. Environmental Protection Agency for incorporation in the State implementation plan to assist in the reduction of ozone -forming mobile emissions; and WHEREAS, the State and the Recipient desire to enter into this agreement to establish the parties' obligations and responsibilities associated with the Clean Vehicle Program; and � `� aool WHEREAS, on the tom_ day ofa 11r, f ,1� , the Recipient's ruling board, passed Resolution No. 1 -OIa [ached hereto and identified as EXHIBIT' "A", authorizing the Recipient's participation in the Clean Vehicle Program; and WHEREAS, on the 29'° day of January. 1999 , the State's Texas Transportation Commission passed Minute Order No. 107737 , attached hereto and identified as EXHIBIT "B", authorizing the Clean Vehicle Program (previously referred to as Alternative Fuels Program) through the State Transportation Improvement Program; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective on the date of final execution by the State and shall terminate upon project completion unless terminated or modified as hereinafter provided. Recipients will be given 12 months to complete the contracting process with TxDOT and an additional 12 months to begin receiving reimbursements for vehicle purchases. 2. SCOPE OF PROJECT The Recipient shall agree to the terms and conditions of the Svecifications for Public Sector, Non - Transit Clean Vehicles, attached hereto and identified as EXHIBIT "C". 3. FUNDING RESPONSIBILITIES The maximum amount payable under this cost reimbursement agreement is $25,600.00 for the purchase of no more than 8 vehicles. These amounts are based on the CMAO Clean Vehicle Project 08/03/01 Page 2 of 6 Submittals, attached hereto and identified as "Attachment 1". The Recipient will be responsible for securing the non-federal funding share required for financing the Clean Vehicle Program. The Recipient shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and local Governments". 4. REIMBURSEMENT The State will reimburse the Recipient for properly supported costs incurred under the terms and conditions of this agreement. The reimbursement of costs will only include those applicable federal participating funds. The Recipient shall submit the State's Form 132, Billing Statement to the following address: Ms Rhonda Poole. Texas Department of Transportation. P.O. Box 3067, Dallas, Texas 75221-3067. All billing statements shall be properly documented, summarizing the costs by description of work performed and other incidental costs. The Recipient shall provide an invoice showing vehicle cost, the incremental cost for the alternative fuel system, the total as bid by the recipient, less any rebates and/or incentives for the installation of the alternative fuel system. The State will make payment to the Recipient within thirty (30) days from receipt of the Recipient's request for payment, provided that the request is properly prepared, executed, and documented. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. If applicable or necessary the State will prepare a final audit upon completion of the services authorized herein or at any time an audit is deemed to be in the best interest of the State. 5. TERMINATION This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State, upon thirty (30) days written notice to the Recipient m a consequence of failure by the Recipient to perform the services and obligations set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Recipient as determined by the State. (3) By either party, upon thirty (30) days written notice to the other. Termination of this agreement shall extinguish all rights, duties, obligations or responsibilities established under this agreement. The Recipient will not incur any costs eligible for reimbursement during the thirty (30) day notice periods established hereinabove. 6. INDEMNIFICATION The Recipient acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own acts and deeds and for those if its agents or employees. 7. REMEDIES Violation or breach of contract terms by the Recipient shall be grounds for termination of the agreement, and any increased cost arising from the Recipient's default, breach of contract, or violation of terms shall be paid by the Recipient. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 08/03/01 Page 3 of 6 S. AMENDMENTS Changes in the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Both parties must execute any amendment to this agreement. 9. SUBLETTING The Recipient shall not assign or otherwise transfer its rights or obligations under this agreement without the prior written consent of the State. 10. INSPECTION OF RECIPIENT RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the Recipient for the purpose of checking the amount of the costs incurred by the Recipient at the time of contract termination. The Recipient shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or its duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of final payment under this contract or until impending litigation is resolved. Additionally, the State, FHWA and its duly authorized representatives shall have access to all records of the Recipient which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 11. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12. AUDIT REQUIREMENTS The Recipient shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 13. COMPLIANCE WITH LAWS The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, administration bodies, or tnbunals in any matter affecting the performance of the agreement. 08/03/01 Page 4 of 6 14. NOTICES All notices or documentation to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State Mr. Jay R. Nelson, P.E. District Engineer Texas Department of Transportation 4777 E. Highway 80 Mesquite, Texas 75150-6643 Recipient I�e•� \' M Mal • All notices and documentation shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 15. SOLE AGREEMENT This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 16. COMPLIANCE WITH SPECIFIC FEDERAL REQUIREMENTS In complying with laws, the Recipient will comply with federal civil rights laws (49 CRF Part 21 and 23 CFR Subchapter C) and Equal Employment Opportunity laws (41 CFR 60) and with Minority Business Enterprise requirements (49 CFR 26) as applicable and to the extent these laws and requirements are not in conflict with or considered unconstitutional under case law. The Recipient will utilize these vehicles in accordance with Federal Property Management Standards (49 CFR 18.36). 08/03/01 Page 5 of 6 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. p �d.p./t�y +r� %, x1,001 L;rf-tf o� Allen Date Recipient By: uQcgas Typed Name m mY ClQ e f 7_� ATTEST: Title Date THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: fer Soldano i ctor, Contract Services Office 08/03/01 Page 6 of 6 EXHIBIT B TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 1 of 2 District VARIOUS The UNIFIED TRANSPORTATION PROGRAM (UTP) of the Texas Department of Transportation ( the "department') is a ten-year plan which authorizes project planning, development and construction and is submitted to the Texas Transportation Commission (the `commission") for approval on an annual basis. Minute Order 102992, dated November 30, 1993, approved the handling of several of the categories of the UTP as bank balance programs and directed that any future program amounts and allocation formulas for the bank balance allocation programs be returned to the commission for approval. , IT IS THEREFORE ORDERED by the commission that the annual program amounts and allocation formulas listed in the following Exhibits be approved, and that projects be developed in these programs on an as -needed basis: Exhibit A - Category 2, Interstate Maintenance 2003 Interstate Rehabilitation Program Exhibit B - Category 3, National Highway System 2003 National Highway System Rehabilitation Program Exhibit C - Category 4, Surface Transportation Program (STP) 2001-2003 Federal Hazard Elimination Program 2000 Federal Railroad Signal Program 2001-2003 Federal Railroad Signal Program 2003 STP Metro Mobility/Rehabilitation Program 2003 STP Urban Mobility/Rehabilitation Program 2003 STP Rural Mobility/Rehabilitation Program 2003 STP Urban/Rural Rehabilitation Program Exhibit D - Category 5, Congestion Mitigation and Air Quality 2003 Congestion Mitigation and Air Quality Program Exhibit E - Category 7, State Preventive Maintenance 2001-2003 Preventive Maintenance Program Exhibit F - Category 8, State Farm to Market Roads 2001-2003 Farm to Market/Ranch to Market Road Rehabilitation/Restoration Program Exhibit G - Category 9, State Park Roads 2002-2004 State Park, Fish Hatcheries, Wildlife Management Area and Support Facility Program TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page 2 of 2 District VARIOUS Exhibit H - Category 10, State Rehabilitation of Signs, Signals and Pavement Markings 2001-2003 Traffic Control Devices Program 2001-2003 Rehabilitation of Traffic Management Systems Program Exhibit I - Category 11, State District Discretionary 2001-2003 District Discretionary Program Exhibit I - Category 13, North American Free Trade Agreement (NAFTA) Discretionary 2001-2003 Discretionary Program for NAFTA Related Projects Exhibit K - Category 14, State Rehabilitation/Restoration 2001-2003 State Rehabilitation/Restoration Program Exhibit L - Category 16, Miscellaneous 2000-2002 Railroad Grade Crossing Replanking Program 2000-2002 Railroad Signal Maintenance Program 2001-2003 Construction Landscape Program 2001-2003 Landscape Cost Sharing Program 1999-2001 Landscape Incentive Awards (Governor's Community Achievement Awards) The executive director is hereby authorized to proceed in the most feasible and economical manner with project development as approved herein to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and construction. Submitted and reviewed by: Director, Transportation Planning and Programming Division Recommended by: Minute Number Date Passed Executive Director EXHIBIT "C" SPECIFICATIONS FOR PUBLIC SECTOR, NON -TRANSIT ALTERNATIVE FUEL AND ADVANCED TECHNOLOGY VEHICLES FUNDING The funds provided by the State under the "Agreement for Funding Clean Vehicles Program," hereinafter referenced as the 'Agreement," will be used to reimburse the Recipient for costs incurred for the incremental cost of the purchase of a new alternative fuel or advanced technology vehicle or conversion of an existing vehicle to operate on an alternative fuel. The "Incremental Cost"is defined as: • The cost of a certified conversion of an existing vehicle to use at least one alternative fuel. • The additional cost of an alternative fuel system on new vehicles which may be purchased by the Recipient over the normal cost of the same make and model vehicle to operate on a conventional fuel. • Supplemental capital costs relating to costs associated with alternative fuel vehicle. (e.g., additional tanks or canisters, air boxes, etc.) The maximum available funding eligible for reimbursement for each approved vehicle type is derived from the programmed funding tables approved by the Regional Transportation Council, attached hereto and identified as Attachment "1 ". The amounts established in Attachment "1" shall include the cost of the actual installation of the alternative fuel system, the cost associated with the emissions tests and applicable costs incurred by the Recipient in implementing the Clean Vehicles Program. Under no circumstances will the federal reimbursable share exceed 80 percent of the total incremental cost. Vehicles operating on the following fuel types are eligible for funding under the Clean Vehicles Program: • Natural gas — Compressed natural gas (CNG) or liquefied natural gas (LNG) • Propane (LPG) • Electricity • Ethanol • Methanol • Hybrid electric VEHICLE CONVERSION REQUIREMENTS The vehicle must be registered and based in the Dallas -Fort Worth nonattainment area to qualify for funding under the Clean Vehicles Program. The Recipient will provide the State written verification of existing or planned alternative fuels stations from which the Recipient plans to obtain the required fuels. The verification must be submitted to the State prior to the State's issuance of the Work Order. The conversion kit for the alternative fuel must be in compliance with the certification process required by the U.S. Environmental Protection Agency June 2001 1 ("EPA") in order to qualify for funding under this program. An emissions test demonstrating air quality benefits will be required by the State for each vehicle at the time of conversion. The emissions text must measure volatile organic compounds and nitrogen oxides in the loaded mode (e.g., IM240 or similar). When appropriate, tests before and after the conversion is performed should be conducted. Until the IM240 or similar test is available, emission tests using existing technology (e.g., four -gas analyzer, Bar -90) will be acceptable. As a minimum, the emissions with the alternative fuel in use must meet the traditional fuel emission standards for the model year and classification of the vehicle. Bi -fuel vehicles must be tested in operation on both the traditional and alternative fuel. The State has made arrangements with the North Central Texas Council of Governments ("NCTCOG") to act as its representative to review and approve various tests and reports required under the agreement. The Recipient will forward the emissions test documentation directly to NCTCOG at the following address: North Central Texas Council of Governments 616 Six Flags Drive, Centerpoint Two P.O. Box 5888 Arlington, Texas 76005-5888 The State's reimbursement of funds to the Recipient will be determined by the approval of the emissions test. FUEWEHICLE USE REQUIREMENTS Regardless of the age of the vehicle at the time of conversion, the Recipient will be required to operate the vehicle using the alternative fuel for a minimum of ninety percent (90%) of the vehicle miles traveled and travel a minimum of 25,000 miles (service life) and maintain the vehicle in its fleet for a period not less than three (3) years. Documentation verifying the usage requirements established hereabove may be requested by the NCTCOG on an annual basis or at any time required by the State and/or NCTCOG. If records are not provided to the NCTCOG by the Recipient or the records which have been provided by the Recipient reveals that the vehicles have not met the usage requirements established in this agreement, funding for future vehicles under the Clean Vehicles Program may not be allocated. Adjustments for idling vehicles will be made on a case by case basis. NCTCOG has the option to grant waivers for special cases. In the event an alternative fuel vehicle funded under this agreement is destroyed or lost through fire, theft, accident, or force majeure, the State will not seek reimbursement of funds. However, should the Recipient decide to sell the vehicle or otherwise voluntarily take it out of service, a prorated amount of funds provided under this program will be refunded by the Recipient to the State. The amortized amount of the refund will be based on the number of months the vehicle was driven on the alternative fuel (up to 36 months) for at least ninety percent (90%) of the vehicle miles traveled during each month. OWNERSHIP AND DISPOSITION At the end of the three (3) year operation period, the ownership and disposition of the alternative fuel conversion equipment purchased under the agreement will be assumed by the Recipient. Continued use of the alternative fuel vehicles by the Recipient is highly encouraged. June 2001 Approved Funding for 11TTC°m" Call for Projects for Clean Vehicle Technologies May 2001 Fea nSUM1renin ApplicantNumber of TVahlCles Awarded Funding Limit Allen 1 8 $25800 D/FW Int'I Airport 46 $920000 Delles 553$2,012,8]6 Dallas Coun 31 $79400 Denton 1 22 $61.6001 Denton Count 13 Fairview 3 Farmers Branch 8 Frisco ]5 Glenn Hel hts 12 0Grand J$14 Prairie 66 0Irvin ]5 0McKinne 10 0Plano 53 0TOTAL 9]5