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HomeMy WebLinkAboutItem 10 - Clean Vehicle Programo MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER M/ MEETING DATE: OCTOBER 16, 2001 SUBJECT: ADVANCE FUNDING AGREEMENT WITH TXDOT FOR CLEAN VEHICLE PROGRAM RECOMMENDATION: City Council consider a resolution approving the Advance Funding Agreement with TXDOT to establish funding participation levels and project scope for the Clean Vehicle Program, and take any necessary action. FUNDING SOURCE: Funds are currently available in FY 02 Lease Fund, account number 325-48910-000-0- 0005. BACKGROUND: The Clean Vehicle Program is an incentive program for municipalities to purchase alternative fuel vehicles to assist in the reduction of ozone -forming mobile emissions. The program offers the City of Grapevine the opportunity to receive reimbursement of the incremental costs of up to 24 alternative fuel vehicles (up to $42,251), should the City choose to acquire these vehicles. Agreeing to participate in this program in no way commits the city to the purchase of any vehicles. It only provides us with a means by which we can fund the acquisition of alternative fuel vehicles in lieu of standard gasoline powered vehicles. By September 2002, the TNRCC will require the City to show that: • 70% of our non -emergency fleet under 8,600 pounds meet low emission vehicle standards; and • 50% of our non -emergency fleet over 8,600 pounds meet low emission vehicle standards. October 9, 2001 (3:59PM) The project is funded in large part by a Congestion Mitigation and Air Quality (CMAQ) � federal grant. The following is the funding breakdown. Federal Funding $42,251 City Matching Funds $10,563 Total Project Cost $52,814 This project will be administered by the State. A Master Agreement, adopted by the City (by resolution) and the State in January of 1999, establishes general terms and conditions for the Clean Vehicle Program. The attached funding agreement formally establishes the funding participation level and scope for this program. Staff recommends approval. O:\BOB\Fleet\Advanced Funding Agreement_TxDOT.doc October 9, 2001 (3:59PM) Agreement No. 02-145 CSJ: 0902-48-473 STATE OF TEXAS § Fiscal Year 2002- 2003 Clean Vehicle Program COUNTY OF TRAVIS § 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 Grapevine, acting by and through its authorized officials, hereinafter called the "Recipient". WITNESSETH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101, et seq., establishes the National Surface Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149, establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134, establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State; and WHEREAS, "TEA -21", Title I, Section 1101(a)(4) authorizes funding for the Surface Transportation Program for Fiscal Years 1998, 1999, 2000, 2001, 2002 and 2003; and, WHEREAS, Title 23 U.S.C. Section 120, establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent (80%) of the cost of the desired activity; and WHEREAS, Dallas, Tarrant, Collin and Denton Counties have been designated by the Clean Air Act Amendments of 1990 as an ozone nonattainment area, and thus qualify for CMAQ funds; and WHEREAS, the North Central Texas Council of Governments, hereinafter identified as "NCTCOG", as the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan area and Denton and Lewisville urbanized areas, has the responsibility for developing transportation control measures for the State implementation plan to assist in the reduction of ozone -forming mobile emissions; and WHEREAS, a program of converting new and existing vehicles from conventional fuels to alternative fuels and other advanced vehicle technology is desired, to be hereinafter identified as the "Clean Vehicle Program"; and 12129/98 Page 1 of 6 G,1 WHEREAS, CMAQ funds have been made available to the State through the U.S. Department of Transportation for the advancement of the Clean Vehicle Program; and WHEREAS, NCTCOG has submitted the Clean Vehicle Program through the Texas Natural Resource Conservation Commission to the U.S. Environmental Protection Agency for incorporation in the State implementation plan to assist in the reduction of ozone -forming mobile emissions; and WHEREAS, the State and the Recipient desire to enter into this agreement to establish the parties' obligations and responsibilities associated with the Clean Vehicle Program; and WHEREAS, on the day of , 19_, the Recipient's ruling board, passed Resolution No. , attached hereto and identified as EXHIBIT "A", authorizing the Recipient's participation in the Clean Vehicle Program; and WHEREAS, on the 29`h 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 through the State Transportation Improvement Program; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective on the date of final execution by the State and shall terminate upon project completion unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT The Recipient shall agree to the terms and conditions of the Specifications for Public Sector, Non - Transit Clean Vehicles, attached hereto and identified as EXHIBIT "C". 3. FUNDING RESPONSIBILITIES The maximum amount payable under this cost reimbursement agreement is $52,814 ($42,251 fed/ $10,563 local) for the purchase of no more than 24 vehicles. This amount is based on the CMAQ Clean Vehicle Project Submittals, attached hereto and identified as EXHIBIT "1". The Recipient will be responsible for securing the non-federal funding share required for financing the Clean Vehicle Program. The Recipient shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and Local Governments". 12/29/98 Page 2 of 6 1919�C fa No 1 M121 The State will reimburse the Recipient for properly supported costs incurred under the terms and conditions of this agreement. The reimbursement of costs will only include those applicable federal participating funds. The Recipient shall submit the State's Form 132, Billing Statement, to the following address: Ms Karen Schluter, Texas Department of Transportation, P.O. Box 6868, Fort Worth, Texas 76115. All billing statements shall be properly documented, summarizing the costs by description of work performed and other incidental costs. The Recipient shall provide an invoice showing vehicle cost, the incremental cost for the alternative fuel system, the total as bid by the recipient, less any rebates and/or incentives for the installation of the alternative fuel system. The State will make payment to the Recipient within thirty (30) days from receipt of the Recipient's request for payment, provided that the request is properly prepared, executed, and documented. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. If applicable or necessary the State will prepare a final audit upon completion of the services authorized herein or at any time an audit is deemed to be in the best interest of the State. 5. TERMINATION This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State, upon thirty (30) days written notice to the Recipient 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, obligations or responsibilities established under this agreement. The Recipient will not incur any costs eligible for reimbursement during the thirty (30) day notice periods established hereinabove. (4) By the State, upon thirty (30) days written notice to the recipient if this contract has not been executed 12 months from original date of commitment by the state for funds. (5) By the State, upon thirty (30) days written notice to the recipient if no activity is initiated within 12 months of contract execution. 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 12/29/98 Page 3 of 6 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. 8. AMENDMENTS Changes in the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Both parties must execute any amendment to this agreement. 9. SUBLETTING The Recipient shall not assign or otherwise transfer its rights or obligations under this agreement without the prior written consent of the State. 10. INSPECTION OF RECIPIENT RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the Recipient for the purpose of checking the amount of the costs incurred by the Recipient at the time of contract termination. The Recipient shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or its duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of final payment under this contract or until impending litigation is resolved. Additionally, the State, FHWA and its duly authorized representatives shall have access to � all records of the Recipient which are directly applicable to this agreement for the purpose of making �audits, examinations, excerpts and transcriptions. 11. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12. AUDIT REQUIREMENTS The Recipient shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 13. COMPLIANCE WITH LAWS The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the agreement. 12/29/98 Page 4 of 6 14. NOTICES All notices or documentation to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State Mr. Steven E. Simmons, P.E. District Engineer Texas Department of Transportation P.O. Box 6868 Fort Worth, Texas 76115 Recipient Mr. Mark Jerome Fleet Services Superintendent City of Grapevine 501 Shady Brook Drive Grapevine, Texas 76051 All notices and documentation shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 15. SOLE AGREEMENT This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 16. COMPLIANCE WITH SPECIFIC FEDERAL REQUIREMENTS In complying with laws, the Recipient will comply with federal civil rights laws (49CRF21 and 23CFR Subchapter C) and Equal Employment Opportunity laws (41 CFR60) and with Minority Business Enterprise requirements (49CFR26) 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 (49CFR18.36). 12/29/98 Page 5 of 6 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. II J"19 -U ►t�. By: Typed Name Title Date ATTEST: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. U61A 12/29/98 Page 6 of 6 Jennifer Soldano Director, Contract Services Office Date RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING AND DIRECTING STAFF TO CONTINUE TO PROCEED WITH THE EXECUTION OF THE TEXAS DEPARTMENT OF TRANSPORTATION CLEAN VEHICLE PROGRAM GRANT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE TO ACT AS THE CITY'S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CLEAN VEHICLE PROGRAM GRANT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, THE Intermodal Surface Transportation Efficiency Act of 1991, establishes the Intermodal Transportation System which will move people and goods in an energy efficient manner and WHEREAS, The Transportation Efficiency Act for the 21s' Century, "TEA -21" authorizes funding for the Surface Transportation Program for Fiscal Years 1998, 1999, 2000, 2001, 2002, and 2003; and WHEREAS, Tarrant County has been designated a non -attainment area and thus qualifies for CMAQ Funds; and WHEREAS, North Central Texas Council of Governments has designed an Clean Vehicle Program for the State's Transportation Agency which funds motor vehicle conversions to alternative fuels up to 80%; and WHEREAS, The City of Grapevine, seeing the need to continue to take an active part in improving air quality, has applied for and was awarded funding for the Clean Fuel Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City endorses the Agreement for Clean Fuel Program funding from the State Department of Transportation. Section 2. That the City agrees to participate and follow the guidelines set forth by the North Central Texas Council of Governments. Section 3. That the City Council directs and designates the City Manager or his representative as the City's Chief Executive Officer and authorized representative to act in all matters in connection with this grant and the City's participation in the Clean Vehicle Program. Section 4. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of October, 2001. ATTEST: A" RES. NO. 2 Amant MIR, MR= TXDOT- 2-1*1-94 10:01 IENT Ljy:TXOOT TEXAS TRANSPOLZrATICtq 0a"USS'O'4 VARIOUS District NO County MIN U18 ORDER VARIOUS 98173106759;z 4 Page I of 3 Pages WHME,%S, Title 23, United States Code( Sections 134 and 135, as amended by the Intermodal Surface Transportation Efficiency Act of 1991, require each designated Metropolitan Planning Organization (MPO) and the State, respectively, to develop a Transportation Improvement to securing federal funds for .Program (TIP) as a condition either Title 23 or the Federal Transit transportation projects.urder . and rban Mass Tra-risportation Act of 1991); i a .Act (formerly the U WHEREAS, Section 134(h) requires an MPO to develop its TIP in cooperation with the State and affected transit operators; to provide . :citizens, affected public agencies, representatives of transportationor private I agency employees, other affected employee representatives, 'providers of transpoctation, and other interested parties with a ty to can -a-, It on the proposed TIP; and further :reasonable opportuni requires the TIP to be updated at least once every 2 years and to be ;approved by the M and, vjuMAS, Section 135(f) requires the state to develop its TIP os; for all areas of the State in cooperation with those designated tV and further requires the Governor to provide citizens, affected P-Ibl'c ives of transportation agency empiotothercr yees, :agencies, representatives :affected employee representatives, private providers of.ttansportation, •and other interested parties with a reasonable opportunity to 420=1,ent .on the proposed State TIP; ani, VjlEREAs, sections 134(h) and 135(f) specify the respectivei requirements and eligibility criteria for projects to be included n ,the respective TIPS; and, VniEREAS, the various TIP's applicable to the designated MIS outside designated MPO boundaries have been as well as to those areas ou authorities throughout the presented for public ccavi,�-_nt by relevant auth State; and, 4 10:02 TX00T- GY:TX00T 2-17-9 1 r • TEXAS TR.ANSPORTATICO CW,?�USSION VARIOUS County MZTIM ORDER Page District No. VARIOUS 96173706759:tt 5 2 of 3 Pages WHEREAS, widespread notice was made available for review and comment at each of TxDOT `s 25 district offices, at the TxDOT headquarters in Austin, to provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation and other interested parties in accordance with Sections 134 arra 135 of the !United States Code; and, SIiEREAS, a public hearing on the said STIP was held at the �,TxDOT headquarters in the D. C. Greer Building at 125 East 11th Street 'in Austin, Texas, on August 24, 1993; and, ! WHEREAS, oral and written comments received due to this hearing .process were analyzed and Department responses and recce mendations were :submitted to the Coa nission for consideration; and, WHEREAS, after due deliberation and consideration the iComtni.ssion finds that the requisites of Section 134 have been fully satisfied as they pertain to development of the prescribed TIP's by each of the 25 MPO's, and that the Statewide TIP attached to this order as Exhibit "A" fully satisfies requisites of section. 135 as they ;pertain to the TIP; and, 1 MEAS, Waco, Wichita Falls, and the Houston MRO's have corrected the local TIP and Financial Plan to reflect the original intent to use Federal, Local and/or State funding to implement said project; and, i ` WHEREAS, Dallas—Fort Worth adopted their local TIP after the Commission approved the other TIP's; and, J WHEREAS, by letters dated September 9, 1992 and September 16, 1992, addressed to federal transportation officials, the honorable Ann W. Richards, Governor of Texas, has delegated to the Texas ;Transportation Commission (Coc mission) those powers and :responsibilities granted to her by the Intermodal sucface Transportation Efficiency het of 1991, save and except. the Recreational Trails Program; i VARIOUS DistcicL No. VARIOUS • 4 TE)Q%S TrUANSPC3RTATICN M'T-ISSIC" CUTE �� Page 3 of 3 Pages- County ages County PURSUANT TO THE AUTH3RIIY DELFC'p'l TO THIS COt-?iISSION BY THE GOVMI,*R OF TEXAS, NOW, THEREMRB, IT IS CCDERED THAT the respective TIP's of each designated MFl7 as well as, those areas outside designated MPO boundaries as reflected in the Statewide TIP in attached Exhibit "A" are hereby approved ani the Executive Director is directed to submit the document to appropriate federal agencies for review consistent with applicable policies ani p Subm' ted by 0i re Lo: t aUof) Examined and rec t5� nut �� 1lunJ>��t t ;r w EXHIBIT "C" SPECIFICATIONS FOR PUBLIC SECTOR, NON -TRANSIT ALTERNATIVE FUEL AND ADVANCED TECHNOLOGY VEHICLES FUNDING The funds provided by the State under the "Agreement for Funding Clean Vehicles Program," hereinafter referenced as the "Agreement," will be used to reimburse the Recipient for costs incurred for the incremental cost of the purchase of a new alternative fuel or advanced technology vehicle or conversion of an existing vehicle to operate on an alternative fuel. The "Incremental Cost" is defined as: • The cost of a certified conversion of an existing vehicle to use at least one alternative fuel. • The additional cost of an alternative fuel system on new vehicles which may be purchased by the Recipient over the normal cost of the same make and model vehicle to operate on a conventional fuel. • Supplemental capital costs relating to costs associated with alternative fuel vehicle. (e.g., additional tanks or canisters, air boxes, etc.) The maximum available funding eligible for reimbursement for each approved vehicle type is derived from the programmed funding tables approved by the Regional Transportation Council, attached hereto and identified as Attachment "1". The amounts established in Attachment "1" shall include the cost of the actual installation of the alternative fuel system, the cost associated with the emissions tests and applicable costs incurred by the Recipient in implementing the Clean Vehicles Program. Under no circumstances will the federal reimbursable share exceed 80 percent of the total incremental cost. Vehicles operating on the following fuel types are eligible for funding under the Clean Vehicles Program: • Natural gas — Compressed natural gas (CNG) or liquefied natural gas (LNG) • Propane (LPG) • Electricity • Ethanol • Methanol • Hybrid electric VEHICLE CONVERSION REQUIREMENTS The vehicle must be registered and based in the Dallas -Fort Worth nonattainment area to qualify for funding under the Clean Vehicles Program. The Recipient will provide the State written verification of existing or planned alternative fuels stations from which the Recipient plans to obtain the required fuels. The verification must be submitted to the State prior to the State's issuance of the Work Order. The conversion kit for the alternative fuel must be in compliance with the certification process required by the U.S. Environmental Protection Agency June 2001 ("EPA") in order to qualify for funding under this program. An emissions test demonstrating air quality benefits will be required by the State for each vehicle at the time of conversion. The emissions text must measure .volatile organic compounds and nitrogen oxides in the loaded mode (e.g., IM240 or similar). When appropriate, tests before and after the conversion is performed should be conducted. Until the IM240 or similar test is available, emission tests using existing technology (e.g., four -gas analyzer, Bar -90) will be acceptable. As a minimum, the emissions with the alternative fuel in use must meet the traditional fuel emission standards for the model year and classification of the vehicle. Bi -fuel vehicles must be tested in operation on both the traditional and alternative fuel. The State has made arrangements with the North Central Texas Council of Governments ("NCTCOG") to act as its representative to review and approve various tests and reports required under the agreement. The Recipient will forward the emissions test documentation directly to NCTCOG at the following address: North Central Texas Council of Governments 616 Six Flags Drive, Centerpoint Two P.O. Box 5888 Arlington, Texas 76005-5888 The State's reimbursement of funds to the Recipient will be determined by the approval of the emissions test. FUELNEHICLE USE REQUIREMENTS Regardless of the age of the vehicle at the time of conversion, the Recipient will be required to operate the vehicle using the alternative fuel for a minimum of ninety percent (90%) of the vehicle miles traveled and travel a minimum of 25,000 miles (service life) and maintain the vehicle in its fleet for a period not less than three (3) years. Documentation verifying the usage requirements established hereabove may be requested by the NCTCOG on an annual basis or at any time required by the State and/or NCTCOG. If records are not provided to the NCTCOG by the Recipient or the records which have been provided by the Recipient reveals that the vehicles have not met the usage requirements established in this agreement, funding for future vehicles under the Clean Vehicles Program may not be allocated. Adjustments for idling vehicles will be made on a case by case basis. NCTCOG has the option to grant waivers for special cases. In the event an alternative fuel vehicle funded under this agreement is destroyed or lost through fire, theft, accident, or force majeure, the State will not seek reimbursement of funds. However, should the Recipient decide to sell the vehicle or otherwise voluntarily take it out of service, a prorated amount of funds provided under this program will be refunded by the Recipient to the State. The amortized amount of the refund will be based on the number of months the vehicle was driven on the alternative fuel (up to 36 months) for at least ninety percent (90%) of the vehicle miles traveled during each month. At the end of the three (3) year operation period, the ownership and disposition of the alternative fuel conversion equipment purchased under the agreement will be assumed by the Recipient. Continued use of the alternative fuel vehicles'by the Recipient is highly encouraged. June 2001 2 COST ESTIMATE Fuel Type Vehicle Type Number of Vehicles onversionjos Per Vehicle onversion os Summary Automobile Light-duty Truck Heavy-duty Truck Automobile Light-duty Truck Heavy-duty Truck Automobile Light-duty Truck Heavy-duty Truck Total = Less Federal Participation = ( ) Local Participation Cost = (Difference) NOTE: 1. If purchasing a new alternative fuel vehicle (including electric), the Federal Reimbursement is 80% of the incremental cost of the purchase price. 2. For conversions, the Federal Reimbursement is 80% of the conversion cost per vehicle. * Fuel Type: -Natural Gas (CNG) -Liquefied Natural Gas (LNG) -Propane (LPG) -Electric -Ethanol -Methanol 12/29/98