2001-350 ORDINANCE NO
AN ORDI~IANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION REGARDING PARTICIPATION IN CLEAN VEHICLES PROGRAM,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The C~ty Manager, or h~s designee, ~s hereby authorized to execute an
Agreement between the C~ty of Denton and the State of Texas acting by and through the Texas
Department of Transportation regarding partm~pat~on ~n the Clean Vehmle Program, m
substantmlly the form of the Agreement which ~s attached to and made a part of th~s ordinance
for all purposes
SECTION 2 The C~ty Manager, or h~s designee, ~s authorized to make the expenditures
as set forth m the attached Agreement
SI~CTION 3 Th~s ordinance shall become effective ~mmed~ately upon ~ts passage and
approval
PASSED AND APPROVED thls the /~ dayof {~t~9~/~ff~J~'-. ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPlCd)VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CSJ 0918-45-559
STATE OF TEXAS § Ftscal Year 2001-2003
Clean Vehicle Program
COUNTY OF TRAVIS §
AGREEMENT FOR FUNDING OF
CLEAN VEHICLE PROGRAM
THIS AGREEMENT ~s made by and between the State of Texas, acting by and through the Texas
Department of Transportatton, heretnafter called the "State" and the City of Denton, acting by and
through tts authorized officmls, heretnafter called the "Recipient"
WITNESSETH
WHEREAS, the Intermodal Surface Transportatmn Efficiency Act of 1991, ("ISTEA") codtfied
under T~tle 23 U S C Sectton 101, et seq, estabhshes the National Surface Transportation System
that ts econonucally effictent and envtronmentally sound, promdes the foundation for the natron to
compete tn the global economy, and will move people ano goods m an energy efficient manner, and
WHEREAS, the Transportatton Eqmty Act for the 21st Century ("TEA-21") codthed under Tttle 23
U S C Sectton 101 et seq, authorizes funds for federal-atd h~ghway, h~ghway safety programs, and
transtt programs, and for other purposes and extends the aforementtoned "ISTEA' program, and
WHEREAS, Tttle 23 U S C Sectton 149, estabhshes a congestmn mmgat~on and mr quahty
~mprovement program CCMAQ") to contribute to the attainment of a nauonal ambient att quahty
standard to be ~mplemented by the States' Transportatton Agenctes, and
WHEREAS, Tttle 23 U S C Sectton 134, estabhshes that Metropohtan Planmng Orgamzatmns
CMPO's") and the States' Transportatton Agenctes develop transportat~ov plans and programs for
urbamzed areas of the State, and
WHEREAS, "TEA-21", T~tle I, Section 1101(a)(4) authorizes funding for the Surface Transportatmn
Program for Ftscal Years 1998, 1999, 2000, 2001, 2002 and 2003, and
WHEREAS, T~tle 23 U S C Section 120, estabhshes that the Federal share of funding for CMAQ
programs will not exceed mghty percent (80%) of the cost of the desired acUwty and
WHEREAS, Dallas, Tarrant, Colhn and Denton Counttes have been designated by the Clean A~r Act
Amendments of 1990 as an ozone nonattamment area, and thus quahfies for CMAQ funds, and
WHEREAS, the North Central Texas Councd of Governments, hereinafter ~dent~hed as "NCTCOG",
as the Metropohtan Planmng Orgamzat~on for the Dallas-Fort Worth Metropohtan area and Denton
and Lewisvdle urbamzed areas, has the respons~b~hty for developing tr,msportat~on control measures
for the State ~mplementauon plan to assist tn the reductton of ozone-forming mobde 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 avmlable 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
Resoume 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 th~s agreement to establish the parties'
obligations and msponslbdltles associated w~th the Clean Vehicle Program, and
2001
WHEREA~, on the 18~:h day of SeP~cember ,X~, the Rempient's ruling board,
passed_l~as~l[~i~eNo 2001-350, attached hereto and identified as EXHIBIT "A", authorizing the
Reclp~ent's participation in the Clean Vehicle Program, and
WHEREAS, on the 29th 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, m 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 wall 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 condluons of the Specifications for Public Sector, Non-
Transit Clean Vehicles, attached hereto and identified as EXH1BIT "C"
3 FUNDING RESPONSIBILITIES
The maximum amount payable under this cost reimbursement agreement is $61,600 00 for the
purchase of no more than 22 vehicles These amounts are based on the CMAQ Clean Vehicle Prolect
08/03/01 Page 2 of 6
Submittals, attached hereto and identified as "Attachment 1" The Recipient will be responsible for
secunng the non-federal funding share reqmred for hnancmg the Clean Vehicle Program The
Recipient shall comply w~th the cost pnnctples estabhshed ~n OMB C~rcular A-87, "Cost Pnnc~ples
for State and Local Governments"
4. REIMBURSEMENT
The State will reimburse the Reclp~ent for properly supported costs incurred under the terms and
conditions of th~s agreement The reimbursement of costs wdl only include those appbcable 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 bflhng statements shall be properly documented, summarizing the costs by
description of work performed and other ~nc~dental costs The Rec~plent shall promde an lnvotce
showtng vehicle cost, the ~ncremental cost for the alternative fuel system, the total as b~d by the
reclp~ent, less any rebates and/or lncent~ves for the ~nstallatton of the altereat~ve fuel system The
State will make payment to the Recipient w~thm thirty (30) days from recetpt 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 ehg~ble for
reimbursement If apphcable or necessary the State wall prepare a final audit upon completion of the
serwces authorized hereto or at any Ume an audtt ~s deemed to be m the best interest 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 part~es
(2) By the State, upon thirty (30) days written not~ce to the Rectp~ent as a consequence of
failure by the Recipient to perform the serwces and obbgatlons set forth in a
satisfactory manner and w~th~n the hm~ts provided, 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 thirty (30) days written not~ce to the other
Termination of this agreement shall ext~ngmsh all rights, duties, obhgat~ons or responsibilities
estabhshed under th~s agreement The Recipient will not recur any costs ehg~ble for reimbursement
dunng the thirty (30) day not~ce periods estabhshed here~nabove
6. INDEMNIFICATION
The Recipient acknowledges that ~t ~s not an agent, servant, or employee of the State, and that tt ~s
responsible for ~ts own acts and deeds and for those ff its agents or employees
7 REMEDIES
VlOlat~on or breach of contract terms by the Rectp~ent shall be grounds for termination of the
agreement, and any increased cost arising from the Rectplent's default, breach of contract, or molat~on
of terms shall be prod by the Recipient Th~s agreement shall not be constdered as specifying the
exclusive remedy for any default, but all remedaes ex~stmg at law and m eqmty may be availed of by
either party and shall be cumulative
08/03/01 Page 3 of 6
8 AMENDMENTS
Changes in the t~me frame, character, respons~blhtles, or obhgat~ons 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 w~ll, 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 ~ncurred by the
Recipient at the time of contract termination The Recipient shall mmnta~n 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 H~ghway Administration (FHWA) or its
duly authorized representatives for rewew and inspection at its off~ce during the contract period and
for four (4) years from the date of final payment under this contract or until impending htlgat~on is
resolved Adchtlonally, the State, FHWA and its duly authorized representatives shall have access to
all records of the Reclp~ent which are directly apphcable to this agreement for the purpose of making
audits, examinations, excerpts and transcriptions
11 LEGAL CONSTRUCTION
In case any one or more of the prows~ons contained m this agreement shall for any reason, be held to
be mvahd, illegal, or unenforceable in any respect, such mvahd~ty, ~llegahty, or unenforceab~hty shall
not affect any other prowslon thereof and this agreement shall be construed as if such invalid, illegal,
or unenforceable prows~on had never been contained here~n
12. AUDIT REQUIREMENTS
The Recipient shall comply w~th the requirements of the Single Audit Act of 1984, P L 98-502,
ensunng 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 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 m 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 reqmred under this agreement shall be
dehvered personally or sent by certified or U S mall, postage prepmd, addressed to such party at the
following respective addresses
State Recipient
Mr Jay R Nelson, P E Cary Tower
mmtnctEnglneer Supt of Fleet Services
Texas Depa~ment of Transpo~at~on 804 Texas Street
4777 E Highway 80 Denton, TX 76209
Mesquite, Texas 75150-6643
All notices and documentation shall be deemed given on the date so dehvered or so deposited ~n the
mall, unless otherwise prowded here~n E~ther party hereto may change the above address by sending
written notice of such change to the other ~n the manner provided herein
15. SOLE AGREEMENT
This agreement constitutes the sole and only agreement of the part~es hereto and supersedes any prior
understandings or written or oral agreements between the part~es 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 part~es hereto have caused these presents to be executed m
duphcate counterparts
Date
CITY OF DENTON
Recipient
Michael A. Conduff Typed Name
City Manager
Tttle
September 18, 2001
Date
EST:
THE STATE OF TEXAS
Executed for the Executive D~rector and
approved by the Texas Transportation
Commission for the purpose and effect of
activating and carrying out the orders,
estabhshed pohmes or work programs
heretofore approved by the Texas
Transportatmn Commission
~e-nm~r ~oldano
Director, Contract Serwces Office
08/03/01 Page 6 of 6
EXHIBIT "A"
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION REGARDING PARTICIPATION IN CLEAN VEHICLES PROGRAM,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I The City Manager, or his designee, is hereby authorized to execute an
Agreement between the City of Denton and the State of Texas acting by and through the Texas
Department of Transportation regarding participation in the Clean Vehicle Program, in
substantially the form of the Agreement which is attached to and made a part of this ordinance
for all purposes
SECTION 2 The City Manager, or his designee, is authorized to make the expenditures
as set forth in the attached Agreement
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED
APPROVED
this
the ~ day of (~Z)2,./'.2.~/j"- ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
EXHIBIT B
FEXAS TRANSPORt A'I ION COMMISSION
VARIOUS County MINUTE ORDER Page I of 2
D~stnct VARIOUS
The UNIFIED 'I RANSPOR~t ATION PROGRAM (UIP) of the rt. xas Depamr~ent of
Transportation ( the "depmtment") is a ten-year plan which authorizes proJect planning, development
and construction and is submated to the Texas I lansportation Comm~ssion (the "comimssmn") 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 piogram amounts and
allocation formulas for the bank balance allocation piogralns be returned to the commission fol
appi oval
IT IS THEREFORE ORDERED by the commission that the annual program amounts and
allocation formulas listed m 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 Ralhoad Signal Piogram
2001-2003 Federal Railroad Signal Proglam
2003 STP Metro Mob~llty/Rehabdltatlon Program
2003 STP Urban Moblhty/Rehabflitatmn Program
2003 STP Rural Moblhty/Rehabditation Program
2003 STP Urban/Rural Rehabdltation Program
Exhibit D ~ Category 5, Congestion Mitigation and Air Quahty
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 Malket Roads
2001-2003 Farm to Market/Ranch to Mai ket Road
Rehabditation/Restoration Progi am
Exhibit G - Category 9, State Park Roads
2002-2004 State Palk, F~sh Hatcheries Wfldhfe Management Aiea and Support
Facdlty Prograrn
TEXAS 3. RANSPOR rat! ION COMMI%qION
VARIOUS County MINUTE ORDER Page 2 of 2
D~strict VARIOUS
Exhibit H - Category 10, State Rehabilitation of S~gns S~gnals and Pavement Markings
2001~2003 Traffic Control Devices Program
2001-2003 Rehabthtation of Traffic Management Systems Program
Exhibit I - Category 11, State District D~scret~onary
2001-2003 D~stnct Dlscretmnary Program
Exh~bltJ- Category 13, North American Free l'radeAgreement (NAFTA)D~scretionary
2001-2003 D~scret~onm y Program for NAFTA Related Projects
Exhibit K - Category 14, State Rehabditation/Restoratmn
2001-2003 State Rehab~htat~onlRestoratmn Program
Exhtb~t L - Category 16, M~scellaneous
2000-2002 Radroad Grade Crossing Replank~ng Program
2000-2002 Railroad Signal Maintenance Program
2001-2003 Constructmn Landscape Program
2001-2003 Landscape Cost Shanng Program
1999-2001 Landscape Incentive Awards (Governor's Commumty Acluevement
Awards)
The executive d~rector ~s hereby authorized to proceed ~n the most feasible and economical
manner with project development as approved herein to include any necessary agreements right of
way acqmsitlon, utlhty adjustments, relocation assistance and construction
Submitted and rewewed by Recommended by
D~rector Transportation Planning Executive Dnector
and Programming D~v~s~on
M~nute Number 107737
Date Passed JAN 29 99
("EPA") ~n order to qualify for funding under th~s program An emissions test demonstrating a~r
quahty benefits w~ll be required by the State for each vehicle at the t~me of conversion The
emissions text must measure volahle organic compounds and n~trogen oxides ~n the loaded
mode (e g, IM240 or s~mdar) When appropnate, tests before and after the conversion ~s
performed should be conducted Until the IM240 or s~mdar test is avadable, emission tests
using ex~st~ng technology (e g, four-gas analyzer, Bar-90) wdl be acceptable As a m~mmum,
the emissions with the alternative fuel In use must meet the traditional fuel emission standards
for the model year and classification of the vehicle B~-fuel vehicles must be tested ~n operation
on both the traditional and alternative fuel The State has made arrangements w~th the North
Central Texas Councd of Governments ("NCTCOG") to act as ~ts representative to rewew and
approve various tests and reports raqu~rad under the agreement The Recipient wdl fo~ard the
emissions test documentation d~rectly to NCTCOG at the following address
North Central Texas Courted of Governments
616 S~x Flags Drive, Centerpo~nt Two
P O Box 5888
Arhngton, Texas 76005-5888
The State's reimbursement of funds to the Recipient w~H be determined by the approval of the
emissions test
FUEL/VEHICLE USE REQUIREMENTS
Regardless of the age of the vehicle at the t~me of conversion, the Recipient wdl be required to
operate the vehicle using the alternative fuel for a m~n~mum of mnety percent (90%) of the
vehicle mdes traveled and travel a m~nlmum of 25,000 m~les (service I;fe) and maintain the
vehicle ~n ;ts fleet for a penod not less than three (3) years Documentahon venfy;ng the usage
requirements established hereabove may be requested by the NCTCOG on an annual basis or
at any t~me requ;red by the State and/or NCTCOG If records are not prowded to the NCTCOG
by the Recipient or the records which have been prowded by the Recipient reveals that the
vehicles have not met the usage requirements estabhshed ~n th~s agreement, fund;ng for future
vehicles under the Clean Vehicles Program may not be allocated AdJustments for ~dl~ng
vehicles wdl be made on a case by case bas~s NCTCOG has the option to grant waivers for
special cases
In the event an alternative fuel yah;cie funded under th;s agreement ~s destroyed or lost through
fire, theft, accident, or force majeure, the State w;ll not seek re;mbursement of funds However,
should the Rec;p~ent dec,de to sell the vehicle or otherwise voluntardy take ~t out of serv;ce, a
prorated amount of funds prowded under th~s program wdl be refunded by the Recipient to the
State The amortized amount of the refund wdl be based on the number of months the vehicle
was driven on the alternative fuel (up to 36 months) for at least mnety pement (90%) of the
vehicle mdes traveled dunng each month
OWNERSHIP AND DISPOSITION
At the end of the three (3) year operabon penod, the ownership and d~spos~t~on of the alternative
fuel conversion equipment pumhased under the agreement wdl be assumed by the Reclp;ent
Continued use of the alternative fuel vehicles by the Recipient ~s h~ghly encouraged
June 2001 2
EXHIBIT "C"
SPECIFICATIONS FOR PUBLIC SECTOR, NON-TRANSIT
ALTERNATIVE FUEL AND ADVANCED TECHNOLOGY VEHICLES
FUNDING
The funds prowded by the State under the "Agreement for Funding Clean Vehicles Program,"
hereinafter referenced as the "Agreement," w~ll be used to reimburse the Recipient for costs
recurred for the ~ncremental cost of the purchase of a new alternabve fuel or advanced
technology vehicle or conversion of an ex~sbng vehicle to operate on an alternahve fuel
The "Incremental Cost" ~s dehned as
· The cost of a certified conversion of an ex~stmg 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 relabng to costs associated w~th alternabve fuel vehicle
(e g, additional tanks or canisters, a~r boxes, etc )
The maximum available funding ehg~ble for reimbursement for each approved vehicle type ~s
denved from the programmed funding tables approved by the Regional Transportation Council,
attached hereto and ~dent~hed as Attachment "1" The amounts estabhshed ~n Attachment "1"
shall ~nclude the cost of the actual ~nstallat~on of the alternative fuel system, the cost associated
w~th the emissions tests and apphcable costs incurred by the Recipient ~n ~mplemenhng the
Clean Vehicles Program Under no circumstances w~ll the federal reimbursable share exceed
80 percent of the total ~ncremental cost
Vehicles operabng on the following fuel types are ehglble for funding under the Clean Vehicles
Program
· Natural gas - Compressed natural gas (CNG) or Iiquehed natural gas (LNG)
· Propane (LPG)
· Electnc~ty
· Ethanol
· Methanol
· Hybnd eleotnc
VEHICLE CONVERSION REQUIREMENTS
The vehicle must be registered and based ~n the Dallas-Fort Worth nonatta~nment area to
quahfy for funding under the Clean Vehicles Program The Recipient w~ll provide the State
wntten venhcat~on of ex,sting or planned alternative fuels stations from which the Recipient
plans to obtain the required fuels The venhcat~on must be submitted to the State pnor to the
State's ~ssuance of the Work Order The conversion k~t for the alternative fuel must be ~n
comphance with the cert~hcat~on process required by the U S Enwronmental Protection Agency
June 2001 1
Approved Funding for
Call for Projects for Clean Vehmle Technologies
May 2001
Number of i~dlng
~.ppllcant
Vehicles Limit
Awarded
Allen 8 $25~600
[3/FW Int I Airport 46 $920~00u
Dallas 553 $2~012~8~6
Pallets County_ 31 __~$74r400
Dent~on ..... 22 $61 6~.
Denton County 13 $64~800
Falrview 3 $67~278
Farmers Branch 8 $19r200
Frisco 75 $265~144
Glenn Heights 12 $36~800
Grand Prairie 66 $132~000
Irvln~ 75 $390~000
rvlcKInney 10 $34~000
Piano 53 $209~200
TOTAL 975 $4,312,898