R-1275-8-94RESOLUTION NO. 1275-8-94(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
ALTERNATIVE FUELS PROGRAM; DESIGNATING THE CITY MANAGER OR HIS
DESIGNEE AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS
RELATING TO THE PROGRAM; AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council 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 attendant and related
thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that
the City Manager, or his designee shall be authorized to execute it on behalf of the City of Allen;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
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, are
hereby in all things approved.
SECTION 2: The City Manager or his designee of the City of Allen, 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 Alternative Fuels Program.
SECTION 3: The City Manager, or his 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 terms
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 18t]DAY OF -a= 1994.
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ATTEST:
D�—
dy ncrkson, CMC, CITY SECRETARY
APPROVED:
foe Farmer, MAYOR
STATE OF TEXAS
*
COUNTY OF TRAVIS
Agreement No.
AGREEMENT FOR FUNDING OF
ALTERNATIVE FUELS 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".
W I T N E S S E T H
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991,
("ISTEA") codified under Title 23 U.S.C. Section 101 et seq., establishes the
National Intermodal 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, 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, 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
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responsibility for developing transportation control measures for the State
implemention plan to assist in the reduction of ozone -forming mobile emissions;
and
WHEREAS, a program of converting new and existing vehicles from
conventional fuels to alternative fuels is desired, to be hereinafter identified
as the "Alternative Fuels Program"; and
WHEREAS, CMAQ funds have been made available to the State through the U.S.
Department of Transportation for the advancement of the Alternative Fuels
Program; and
WHEREAS, NCTCOG has submitted the Alternative Fuels 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
Alternative Fuels Program; and
WHEREAS, on the 18thda y of August 1994 , the Recipient's
ruling board, passed Resolution No. 1275-8-94 02)attached hereto and identified as
EXHIBIT A, authorizing the Recipient's participation in the Alternative Fuels
Program; and
WHEREAS, on the 29th day of July, 1993, the State's Texas Transportation
Commission passed Minute Order No. 102542, attached hereto and identified as
EXHIBIT B, authorizing the Alternative Fuels Program through the State
Transportation Improvement Program;
A G R E E M E N T
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 shall become effective on the date of final execution by
the State and shall terminate upon completion of all vehicle conversions
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subject to this Agreement or unless terminated or modified as hereinafter
provided.
2. SCOPE OF PROJECT
The Recipient shall agree to the terms and conditions of the
Specifications for Public Sector, Non -Transit Alternative Fuel Vehicles,
attached hereto and identified as EXHIBIT C.
3. FUNDING RESPONSIBILITIES
The maximum amo' ble under this cost reimbursement agreement is
4)332.0
$ This amount is based on the Cost Estimate, attached
hereto and iSentified as EXHIBIT D. The Recipient will be responsible for
securing the non-federal funding share required for financing the
Alternative Fuels Program. The Recipient will not incur any cost for
reimbursement until authorized by the State. State authorization will not
be granted until both FHWA authorization, to be attached hereto as EXHIBIT
E, is grantedL and, this Agreement is fully executed. Costs incurred by
the Recipient prior to the above conditions will not be eligible for
reimbursement. 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
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participating funds. The Recipient shall submit the State's Form 132,
Billing Statement, or other type of invoice acceptable to the State to the
following address: [
Texas Department of Transportation
9700 East R.L. Thornton
Dallas, Texas 75228
All billing statements shall be properly documented, summarizing the costs
by description of work performed and other incidental costs. The State
will make payment to the Recipient within thirty (30) days from receipt of
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subject to this Agreement or unless terminated or modified as hereinafter
provided.
2. SCOPE OF PROJECT
The Recipient shall agree to the terms and conditions of the
Specifications for Public Sector Non -Transit Alternative Fuel Vehicles,
attached hereto and identified as EXHIBIT C.
3. FUNDING RESPONSIBILITIES
The maximum amount payable under this cost reimbursement agreement is
$4,068.00 This amount is based on the Cost Estimate, attached
hereto and identified as EXHIBIT D. The Recipient will be responsible for
securing the non-federal funding share required for financing the
Alternative Fuels Program. The Recipient will not incur any cost for
reimbursement until authorized by the State. State authorization will not
be granted until both FHWA authorization, to be attached hereto as EXHIBIT
E, is granted.L and, this Agreement is fully executed. Costs incurred by
the Recipient prior to the above conditions will not be eligible for
1 reimbursement. The Recipient shall comply with the cost principles
J 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, or other type of invoice acceptable to the State to the
following address:
Texas Department of Transportation
9700 East R.L. Thornton
Dallas, Texas 75228
All billing statements shall'be properly documented, summarizing the costs
by description of work performed and other incidental costs. The State
will make payment to the Recipient within thirty (30) days from receipt of
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Page 3 of 7
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
as 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,
1 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 hereabove.
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.
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8. AMENDMENTS
Changes in the time frame, character, responsibilities, or obligations
authorized herein shall be enacted by written amendment. Any amendment
to this agreement must be executed by both parties.
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'S BOOKS AND 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
jauthorized representatives for review and inspection at its office during
the contract period and for three (3) 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 CONST-"------
In
ONSTRUCTIONIn 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.
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12. OMB CIRCULAR NO. A-128 AUDIT REQUIREMENT
I
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 tribunals in any matter affecting the
performance of the agreement.
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: Texas Department of Transportation
9700 East R.L. Thornton Freeway
Dallas, Texas 75228
Recipient:
City of Allen
Public Works Department
Attn: George Conner, Director of Public Works
One Butler Circle
Allen, TX 75002-2773
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.
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A • 1
\\ IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
By:
.City Manager
Title
August 19, 1994
Date
ATTEST: �J
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Transportation
Commission under the authority of Minute Order No. 100002 and Administrative
Circular 26-93, 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:
Deputy Executive Director for Transportation
Planning and Development
1.
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