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1999-271 0 NANCENO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE FUNDING OF AN ALTERNATIVE FUELS PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDiNG AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON ORDAiNS ~ That the City Manager is authorized to execute an agreement for funding an alternative fuels program between the City of Denton, Texas and the State of Texas, acting by and through the Texas Department of Transportation, a copy of such agreement is attached hereto and incorporated herein for all purposes SECTION 2. The City is anthonzed to expend the funds as designated in the Agreement herein approved T~uC.!.LO__~.~ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thm the /~--~dayof ~/_.~7~- ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CSJ 0918-45-955 STATE OF TEXAS § Fiscal Year 1999 and 2000 No of Vehicles 4 COUNTY OF TRAVIS § 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 C~ty of Denton, 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, estabhshes the National Surface Transportation System that is economically efficient and enwronmentally sound, provides the foundation for the nat~on to compete in the global economy, and will move people and goods m an energy efficient manner, and WHEREAS, Title 23 U S C Section 149, estabhshes a congestion mit~gation and air quahty ~mprovement program CCMAQ") to contribute to the attainment of a national ambient a~r quality standard to be implemented by the States' Transportation Agencies, and WHEREAS, Title 23 U S C Section 134, establishes that Metropohtan Planmng Organizations CMPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State, and WHEREAS, T~tle 23 U S C Section 120, estabhshes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the cost of the desired activtty, and WHEREAS, Dallas, Tan'ant, Colhn and Denton Counties have been designated by the Clean Air Act Amendments of 1990 as an ozone nonatta~nment area, and thus qualifies for CMAQ funds, and WHEREAS, the North Central Texas Council of Governments, hereinafter identified as "NCTCOG', as the Metropohtan Planmng Orgamzatlon for the Dallas-Fort Worth Metropolitan area and Denton and Lewlswlle urbamzed areas, has the responsibility for developing transportation control measures for the State ~mplementat~on plan to assist ~n the reductton of ozone-forming mobile emissions, and WHEREAS, a program of converting new and ex~stmg vehicles from conventional fuels to alternative fuels ~s desired, to be hereinafter ~dentlfied as the "Alternative Fuels Program", and WHERR. AS, 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 06/08/99 , Page 1 of 5 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 responslbflmes associated with the Alternative Fuels Program, and WHEREAS, on the t. 7t:h day of August: , 1999, the Reclplent's ruhng board, passed-~d~l~{~No 99-27~. , attached hereto and identified as EXHIB1T "A", authorizing the Reclplent's pamclpat~on m 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 AltemaUve 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 I CONTRACT PERIOD This agreement becomes effective on the date of final execution by the State and Shall terminate on August 31, 2000 unless terminated or modified as hereinafter provided 2 SCOPE,OF PRO,]ECT The Recipient shall agree to the terms and conditions of the Speclficat~on~ for Public Sectol, Non- ~I ranslt Alternative Fuel Vehicles, attached hereto and identltled as EXHIBIT "C' 3 FUNDING RESPONSIBILITIES The maximum amount payable for FY 1999 / FY _2000, under this cost re,mbursement agreement I', $35,711 00 These amounts are based on the CMAQ Alternative Fuel Vehicle Pro~ect Submittals attached hereto The Reclp,ent will be responsible for securing the non-federal funding share required for financing the Alternative Fuels Program The Recipient shall comply with the co',t principles established m OMB Circular A-87, "Cost Principles for State and Local Governments" 4. REIMBURSEMENT The State will reimburse the Recip~ent for properly supported costs recurred under the terms anti conditions of this agreement The reimbursement of cost~ will only include those applicable ledeial participating funds The Recipient shall submit thc State's Form 132, Billing Statement to thc 06/08/99 Page 2 of 5 following address Mr Moosa Saghmn, P E, Texas Department of TransportaUon, P O Box 3067, Dallas, Texas 75221-3067 All bflhng statements shall be properly documented, summarizing the costs by description of work performed and other incidental costs The Recipient shall provide an ~nvo~ce showing vehicle cost, the ~ncremental cost for the altemauve fuel system, the total as b~d by the rec~p~ant, less any rebates and/or ~ncent~ves for the mstallauon of the alternative fuel system The State will make payment to the Ree:p~ent w~thln thirty (30) days from receipt of the Rec~p~ent's request for payment, prowded that the request ~s properly prepared, executed, and documented Unsupported charges or charges after final acceptance by the State will not be considered ehgtble for reimbursement If apphcable or necessary the State will prepare a final audit upon completion of the services anthonzed here~n or at any t~me an audit ~s deemed to be in the best ~nterest of the State 5. TERMINATION Th:s 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 Rec~ptent as a consequence of failure by the Reclpaent to perform the servtces and obhgauons set forth m a sat:sfactory manner and w~than the hm~ts prowded, w:th proper allowances being made for c~rcumstances beyond the control of the Recipient as determined by the State (3) By e;ther party, upon th:rty (30) days written not~ce to the other Termination of th~s agreement shall extinguish all rights, duties, obhgat~ons or respons~bfl~t,es estabhshed under th~s agreement The Rec~plent will not ~ncur any costs ehg~ble for reimbursement dunng the thirty (30) day not,ce periods estabhshed heretnabove 6. INDEMNIFICATION The Recipient acknowledges that ~t ~s not an agent, servant, or employee of the State, and that ~t is responsible for ~ts own acts and deeds and for those ff ~ts agents or employees 7 REMI~DIES V~olat~on or breach of contract terms by the Recipient shall be grounds for termination of the agreement, and any increased cost arising from the Rec~p~ent's default, breach of contract, or v~olation of terms shall be prod by the Recipient This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies ex~stmg at law and m equity may be availed of by either party and shall be cumulative 8. AMENDMENTS Changes ~n the t~me frame, character, responsibilities, or obhgatlons authorized hereto shall be enacted by written amendment Any amendment to this agreement must be executed by both parties 9. SUBL]~TTING The Recipient shall not assign or otherwise transfer ~ts rights or obhgat~ons under this agreement w~thout the prior written consent of the State 06/08/99 Page 3 of 5 10. INSPECTION OF RECIPIENT RECORDS The State will, for purpose of termmatton of the agreement prior to completion, examine the books and records of the Recipient for the purpose of checking the amount of the costs recurred by the Recipient at the t~me of contract termination The Reclptent shall matntam all books, documents, papers, accounting records and other documentation relating to costs incurred under th~s agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or ~ts duly authorized representatives for review and inspection at tts office during the contract period and for four (4) years from the date of final payment under this contract or until ~mpendmg httgat~on ~s resolved Additionally, the State, FHWA and its duly authorized representatives shall have access to all records of the Rec~pient which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions 1L LEGAL CONSTRUCTION In case any one or more of the provisions contmned ~n this agreement shall for any reason, be held to be mvahd, Illegal, or unenforceable in any respect, such ~nvahd~ty, ~llegal~ty, or unenforceablhty shall not affect any other provision thereof and this agreement shall be construed as ~f such ~nvahd, ~llegal, or unenforceable provision had never been contained herein 12. AUDIT REQUIREMENTS The Recipient shall comply w~th the requirements of the Single Audit Act of 1984, P L 98-502, ensuring that the s~ngle audit report includes the coverage stipulated ~n paragraphs 6, 8 and 9 of OMB Circular No A-128 13 COMPLIANCE WITH LAWS The Rectp~ent 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 ~n any matter affecting the performance of the agreement 14. NOTICES All not~ces or documentation to e~ther party by the other required under th~s agreement shall be delivered personally or sent by certified or U S mall, postage prepaid, addressed to such party at the following respective addresses State Recipient Mr Jay R Nelson, P E District Engineer Texas Department of Transportation 0~t~4. ~t ~_et,~a'x - 4777 E H~ghway 80 Mesquite. Texas 75150-6643 "~4,c,,a..~'xc '7~ 1 06/08/99 ~ Page 4 of 5 All notices and documentation shall be deemed given on the date so delivered or so deposited in the mall, unless otherwise provided herein Either party hereto may change the above address by sending written notice of such change to the other m the manner provided hereto TMs 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 w~thm subject matter 16 COMPLIANCE WITH SPECIFIC FEDERAL REQUIREMENTS In complying w~th laws, the Recipient will comply with federal civil rights laws (49CRF21 and 23CFR710) and Equal Employment Opportunity laws (41CFR60) and with Minority Business Enterprise reqmrements (49CFR23) as applicable and to the extent these laws and reqmrements are not ~n conflict with or considered unconstitutional under case law IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed tn duplicate counterparts ~-~'t ¥~-I CO~ ~.o ~x'~ n ,// THE STATE OF TEXAS Recipient / Executed for the Executive Director and ,~ .~r ~/'-'~/~/~,/'/q'// approved by the Texas Transportat,on Commission for the purpose and effect of By.,.. .- [ /]~. ~t activating and carrying out the orders, estabhsbed policies or work program~ M~chael W. Jez heretofore approved by the Texa~ Typed Name Transportation Commission City Manager Title By Jay R Nelson August 17, 1999 Dallas D~strlct Engineer Date Date EST' 06/08/99 ' Page 5 of 5 EXHIBIT "A" ORDINANCE NO _d~/~/2-__~ 7/ AN ORDINANCE AUIHORIZING qlIE CIIY MANAGER TO EXECUfE AN AGREEMENT FOR TIlE FUNDING OF AN ALfERNAIIVE FUELS PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND TIlE SFAIE OF TEXAS HIROUGIt FHE TEXAS DEPARTMENT OF 1RANSPORTA flON, AUTIIORIZING I lie EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTIVE DATE file COUNCIL OF THE CIFY OF DEN FON ORDAINS ~ That tile City Manager is authorized to execute an agreement for fimdmg an altematwe fuels program between tile Cfly of Denton, Texas and the State of I exas, acting by and through the Texas Department of Transportation, a copy of such agreement Is attached hereto and incorporated hereto for all purposes ~ The C~ty ts aulbonzed ~to expend the fimds as demguated m tbe Agreement her em approved ~ 1bat fins ordinance shall become effective immediately upon lis passage and approval PASSED AND AppROVED th,s the/_7 ~-t~day o f ~_/gt,~, ~'' ,1999 A FTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM IIERBERT L PROUTY, CITY ATTORNEY EXHIBI'i' B TEY,.A.S TRANSPORTAT%01,1 i IOUS . County HINUTE OROER Page ! of 5 .Pages ,t.r~ct ilo VARIOUS WHEREAS, the Project Oevelopment Plan (POP) of the Texas Department of Transportation is a ten year plan which authorizes project planning and development, and is submitted to the Texas Transportation Con~lss'on for approval on an annual basis; and WHEREAS. the 1993 Transitional POP was structured and developed with categories to utilize the lntermedal Surface Transportation Efficiency Act of lpg1 {ISTEA), and WHEREAS, development and construction of many projects ~n the PDP are subject to the approval/concurrence of the Metropolitan Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made s~gnificant modifications to the list of projects which they propose to include in their Transportation Improvement Programs {TIPs), and WHEREAS, the letting to contract of proJec:s contained ~n the PDP is further subject to the availability of projected funds, and WHEREAS, the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy of the 1993 Transitional POP was outlined in Minute Order 101106 dated June 24, 1992 and amended in Minute Order 101590 dated October 28, 1992, and WHEREAS, Minute Order 101588 dated October 28, 1992 approved the structure of the allocation program portion of the L993 Transitional POP, and authorized projects m various allocation programs; and WHEREAS, an update of these previously authorized projects and policies is required to more accurately depict and properly guide planning and development; and WHEREAS, it is appropriate to address the status of the 1993 Transitional POP and the approval of the lpg4 PDP separately w~th respect to mobilit~ and allocation categories, and TEXAS TRANSPORTATION COI'~IISSION ~ARIOUS County MINUTE ORDER Page 2 of 5 Pages )lstr~ct No VARIOUS WHEREAS. for ~categortes, Minute Order 101106 and subsequent Minute Order86 and 101587 dated October 28. 1992 approved specific projects For various levels of authorization ~n the 1993 Transitional POP tn Category 1 - Interstate Construction. Category 3A - National Highway System (NHS} Mobility, Category 3B - NHS Texas Trunk System, Category 30 - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility; and WHEREAS, for~ categories, Minute Order 101588 and subsequent Minute Orders dated December 22, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP ~n Category 4C - Surface Transportation Program {STP) Metropolitan Mobility/Rehabilitation, Category 4D - STP Urban Mob~l~ty/Rehab~lltatlon. Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion M~t~gat~on and Air Quality Improvement, and WHEREAS, for allocation categories, Minute Order 101588 and subsequent Minute Ord~'r 101765 approved specific projects in the 1993 Transitional POP ~n Category 4A - 1993 Highway Safety Improvement Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School Bus Signal Program, Category 6 - 1993-1995 On State System Bridge Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replank~ng Program; and WHEREAS, several of the allocation programs approved ~n the 1993 Transitional PDP currently~igated balances for which projects have now been ~dentlfied as additions to the previously approved programs, and WHEREAS. Minute Order 101765 authorized distr~ct allocations for the allocatlon program portion of the 1994 PDP, and d~rected that when the projects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commission for approval of speclf)c projects, and TEXAS TRANSPORTATION COMMIssIoN \RIOUS County MINUTE ORDER Page 3 of 5 .Pages ~str~ct No VARIOUS WHEREAS, projects have now been identified for the allocation programs of the 1994 POP, NOW, THEREFORE, IT IS ORDEREO that the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy outlined ~n M~nute Orders 101106 and 101590 is hereby cancelled; and IT IS FURTHER OROERED for mobility categories that authorization for the Category 3A - NHS Mobility, Category 3B - NHS Texas Trunk Sytem, Category 30 - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility projects listed in Minute Orders 101106, 101586 and 101587 are hereby cancelled, and IT IS FURTHER OROEREO for mobility categories that the authorization for Category 4C - STP Metropolitan Mobility/Rehabilitation, Category 40 - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation and Category 5 - Congestion Mitigation and A~r Quality Improvement projects listed in Minute Orders 101588 and 101765 are hereby cancelled, and IT IS FURTHER OROEREO for allocation categories that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 POP shall retain their authority in those programs, and TEX~tS TI~ANSPORTATION CO~IsSION tRIOUS County MINUTE OROER Page 4 of S Pages )strlct No. VARIOUS IT IS FURTHER OROERED that the 1994 PROJECT DEVELOPMENT PLAN as shown in the following exhibits is hereby approved Exhlblt A - Structure of the various categories of work, ~descriptions, restrictions, methods of allocation and policy Exhibit B - Interstate Construction (Category I) Exhibit C - National Highway System (Category 3) ~lty, NHS Texas Trunk System, NNS Traffic Management Systems, and NHS Miscellaneous. Exhibit D - Surface Transportation Program (Category 4) ~way Safety Improvement Program, 1994 Federal Railroad Signal Program, 1994 Railroad School Bus Signal Program, 1993-~002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitat~on Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Congestion Mitigation and Air Quality {Category 5) Exhibit F - Bridge Replacement/Rehabilitation (Category 6) ~On State System Bridge Program (Additions), 1996 On State System Bridge Program, 1993-1995 Off State System 8ridge Program (Additions}, and 1996 Off State System 8ridge Program TEXAS TRANSPORTATION COM)41SSION \RtOUS County MINUTE OROER Page 5 of 5 Pages ~sLrlct NO VARIOUS Exhibit G - Farm to Market Road Program (Category B). ~ Farm to Market Road Program (Addttlons) and 199§ Farm to Market Road Program. Exh~blt H - Commission Strategic Priority (Category 12) Exhibit I - State Funded Hobllity (Category 13) Exhibit J - Miscellaneous Programs (Category 16) '~'~-i~'~lroad Grade Crossing Replanking Program. IT IS FURTHER ORDERED that the Executive Oirector rs hereby authorized to proceed in the most feasible and economical manner w~th project development for the projects included in £xh~b)ts B through J to include any necessary agreements, right of way acquisition, utility adjustments, and relocation assistance, subject to the pO)lCleS of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acquiring real property ET IS FURTHER OROER~O that the specific allocation programs authorized by Minute Order 10176S for the 1993 lrans~t~onal Project Development Plan shall remain active and in effect IT IS FURTHER ORDERED that the sections of h~ghway shown in ~hib~t ~ are hereby designated as a part of the State Highway System subject to the conditions indicated IT IS FURTHER OROEREO that :h~s M~nute Order be effective as of September L, 1993. amllted by Examined and recommended by -ector of Htghway Design Approved Associate Executive O~rector Execut lye O~rector M~nu~e Number 10254Z DaLe Passed JUL 29 93 EXHIBIT "C" SPECIFICATION FOR PUBLIC SECTOR, NON-TRANSIT ALTERNATIVE FUEL VEHICLES FUNDING The funds provided by the State under the "Agreement for Funding Alternative Fuels Program," hereinafter referenced as the "Agreement," will be used to reimburse the Rec~p:ent for costs ~ncurred for the ~ncremental cost of the purchase price of a new altemauve fuel vehicle or conversion of an ex,sung vehicle to operate on an alternauve fuel The "Incremental Cost" ts defined as · The cost of a certtfied converston of an ex:sting veh:cle to use at least one altemauve fuel · The addmonal cost of an alternattve fuel system on new vehicles whtch may be purchased by the Rectp~ent over the normal cost of the same make and model vehicle to operate on a conventional fuel · Supplemental capttal costs relating to costs associated w~th alternative fuel vehicle (e g, addmonal tanks or camsters, att boxes, etc ) The maxtmutu avatlable funding ehgtble for reimbursement for each approved vehicle type ns derived from the programmed funding tables approved by the Regional Transportauon Council, attached hereto and ~dent~fied as Attachment "1" The amounts estabhshed m Attachment "1" shall include the cost of the actual mstallatton of the alternative fuel system, the cost assoc:ated w~th the em~ss:ons tests and apphcable costs mcurrcd by the Rectptent tn ~mplementtng the Altemattve Fuels Program Under no c~rcumstances wall the federal reimbursable share exceed 80% of the total incremental cost Vehtcles operating on the following fuel types are ellgtble for funding under the Altemauve Fuels Program · Natural gas - Compressed natural gas (CNG) or hquefied natural gas (LNG) · Propane (LPG) · Elecmc~ty · Ethanol · Methanol VEHICLE CONVERSION REQUIREMENTS The vehicle tuust be regtstered and based tn the Dallas-Fort Worth nonattamment area to quahfy for funding under the Alternative Fuels Program The Recipient will prowde to the State written venficatmn of ex~stmg or planned alternattve fuels stattons from whtch the Recipient plans to obtain the reqmred fuels The venficatton must be submttted along w~th the part~ally executed Agreement The converst0n k~t for the alternative fuel must be m comphance w~th the certtficat~on process accepted by the Texas Natural Resource Conservatwn Commission ("TNRCC') tn order to quahfy for funding under thts program An em~sstons test demonstrating a~r quahty benefits will be reqmred by 12/29/98 , Page 1 of 2 the State for each vehicle at the time of conversion The emissions text must measure volatile orgamc 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 mlmmurn, the ernlsstons with the alternative fuel in use must meet the traditional fuel emission standards for the model year and classification of the vehicle Bi-fuel vehlcles must be tested In operation on both the tradmonal 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 Slx Flags Drive, Centerpomt 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 FUEL/VEHICLE USE REQUIREMENTS Regardless of the age of the vefucle 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 mlmmum of 25,000 miles (service life) and maintain the vehicle in its fleet for a per~od not less than three (3) years Documentation verifying the usage requirements established hercabove may be requested by the NCTCOG on an annual basis or at any time reqmred 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 vefucles under the Alternative Fuels Program may not be allocated Adjustments for idhng 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 Reclple~ to the State The amortized amount of the refund will be based on the number of rnonths 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 per~od, the ownership and disposition of the alternative fuel converslon eqmpment purchased under the agreement wdl be assumed by the Recipient Continued use of the alternatwe fuel vefucles by the Recipient is highly encouraged 12/29/98 * Page 2 of 2 EXHIBIT "D" COST ESTIMATE mumner or [.;onverslon ~os[ ~onverslon ~,ost Fuel Type Vehmle Type Vehmtes Per Vehtcle Summary Automobile L~cjht-duty Truck Hesvy-dut¥ Truck Automobile L~ht-duty Truck Heavy-duty Truck Automobile Ll~lht-duty Truck Heavy.duty Truck Total = Less Federal Partlc~patmn = ( Local Partmlpat~on Cost = (D~fference) NOTE 1 If purchasing a new alternative fuel vehicle 0nctud~ng electric), the Federal Reimbursement ~s 80% of the ~ncremental cost of the purchase pnce 2 For conversions, the Federal Reimbursement ~s 80% of the conversion cost per vehicle * Fuel Type .Natural Gas (CNG) -L~quefled Natural Gas (LNG) -Propane (LPG) .Electric -Ethanol .Methanol 12/29/98