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