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Exhibit "A"
HOUSTON- GALVESTON AREA COUNCIL
INTERGOVEWNNIENTAL AGREEMENT FOR
VOLUNTARY N10BILE ENUSSION REDUCTION PROGRAM
This Intergovernmental Agreement is made and entered into this _day of August, 2010, by and
between the Houston - Galveston Area Council. hereinafter referred to as H -GAC, having its
principal place of business at 3555 Timmons Lane. Suite 120. Houston. Texas 77027 and City of
Baytown, Texas, a home -rule municipality. hereinafter referred to as the Local Government.
having its principal place of business at 2401 Market Street, Baytown, Texas 77520.
NVITNESSETH:
WHEREAS. 1-1 -GAC has developed a plan for voluntary mobile emission reductions for the
Houston- Galveston- Brazoria non- attainment area and seeks to enter into agreements with
cooperating Local Government to implement voluntary measures in accordance with this
Agreement; and
WI-IEREAS. the Local Government has agreed to implement voluntary mobile emission reduction
programs in accordance with the specifications of the Agreement;
NOW, THEREFORE. I-I -GAC and the Local Government do hereby agree as follows:
The Local Government warrants and assures 1 -1 -GAC that it possesses adequate legal
authority to enter into this Agreement. The Local Government's governing body, where
applicable, has authorized the signatory official(s) to enter into this Agreement and bind the
Local Government to the terms of this Agreement.
2. The Local Government agrees to conduct all activities under this Agreement in accordance
with all applicable rules, regulations, directives, standards, ordinances and laws in effect or
promulgated during the tern of this Agreement.
The execution of this Agreement and the rendering of services prescribed by this
Agreement do not change the independent status of H -GAC or the Local Government. No
provision of this Agreement or act of H -GAC in performance of the Agreement shall be
construed as making the Local Government the agent, servant or employee of H -GAC. the
State of Texas or the United States Government. Employees of the Local Government are
subject to the exclusive control and supervision of the Local Government.
4. The Local Government and H -GAC acknowledge that the area's high level of ozone
pollution is the result of emissions Qenerated in the Flouston- Galveston - Brazoria Area
combined with the area's unique meteorology. The U. S. Environmental Protection
Agency (EPA) has classified the Houston - Galveston - Brazoria Area under the Clean Air
Act as a "Severe -17" nonattainment area for ozone. EPA's National Ambient Air Quality
Standards will result in significant emission reductions and improved public health. This
Agreement outlines further efforts that the Local Government will voluntarily make in the
Houston- Galveston- Brazoria Area to achieve an additional reduction of emissions that
will be granted as a SIP credit under the Voluntary Mobile Source Emission Reduction
Program ( "VMEP ").
5. Local Governments understand that H -GAC has adopted a list of voluntary measures that
Local Governments can implement that will result in immediate and real emission
reductions and improved public health. Local governments agree to implement the
measures indicated by completing sections 5 (a), 5 (b) and 5 (c) as appropriate.
Additional information about the scope of measures that the Local Government intends to
implement may be included as appropriate in Attachment A of this Agreement.
(a) Adopt clean fleet policies for on -road vehicles and off -road equipment:
Accelerate fleet turnover (may occur via participation in the H -GAC Clean
Vehicle Program. TERP Program. Drayage Loan Program, or through other
means). The Local Government commits to accelerated turnover of at least
heavy -duty vehicles which meet the standard for replacement wider one of
aforementioned vehicle replacement programs.
Promotion of accelerated fleet turnover (may occur via promotion of the H -GAC
Clean Vehicle Program, TERP Program, Drayage Loan Program, or through other
means).
Promote use of alternative fuels that reduce NOx emissions. Local Government
commits to power heavy -duty vehicles and light -duty vehicles for
years using an alternative fuel which results in decreased NOx reductions.
Adopt vehicle maintenance procedures
Local Government commits to install
retrofits on heavy -duty vehicles.
which focus on decreasing emissions.
(b) Support and encourage alternative commuting methods:
engine
Commit to supporting alternative commuting methods for government employees.
Local Government commits to the reduction of employee work trips
annually consisting of an average commute length of
Promote alternative commuting methods to citizens within local jurisdictions.
Local Government commits to the reduction of 5,200 constituent work trips
annually consisting of an average commute length of 27 miles each way.
1)
Build new or expand existing bicycle trails or lanes. Local Government commits
to an increase in bicycle trails or lanes of miles and a resulting reduction of
vehicle miles traveled annually.
Commit to increased transit service. Local Government commits to an annual
increase in transit service miles traveled of and a resultant annual
reduction of vehicle miles traveled.
Offer clean contracting incentives for construction contracts. Local Government
commits to a increase of cleaner non -road and cleaner on -road
vehicles in service during construction projects and a decrease in non -road vehicle
idling by hours annually and on -road vehicle idling by hours annually.
Adopt interlocal cooperative agreements between jurisdictions for computerized
timing of traffic signalization corridors. Local Government commits to increasing
average speeds on local and interlocal traffic signalization corridors by
miles per hour over a distance of miles.
(c) Weight of evidence measures that improve air quality but are not eligible for emission
reductions:
Adopt a no idling ordinance for the public within Local Government jurisdiction.
Adopt a no idling or enforcement resolution for government fleets within Local
Government jurisdiction.
Enact design and /or zoning ordinances promoting livable centers and other Illultl-
use developments within Local Government's jurisdiction.
Enhanced enforcement for Smoking Vehicles Program by encouraging local
police to enforce existing smoking vehicle legislation and enforcing vehicle
impounding for violators.
6. The parties understand and acknowledge that because of increased cost, the parties agree
that Local Government has the flexibility to utilize new technology or other methods not
included in the project description to achieve the targeted emission reductions consistent
with applicable federal and State laws and regulations.
The Local Government. H -GAC. TCEQ, and EPA intend to consult and reasonably share
information concerning implementation of this portion of the VMEP, concerning the
status of the emissions reduction measures.
H -GAC and the Local Government expect that the means necessary to implement
voluntary measures or achieve targeted reductions are or will become available. The
parties fully expect that Local Government will implement these measures expeditiously
as practicable, but not later than 2015. The emission reduction identified by 1 -1-GAC
through this Agreement will be submitted by H -GAC as support for the VMEP program
and included in the State Implementation Plan for ozone attainment.
9. The participating Local Governments and the H -GAC are committed to working together
to ensure that the emission reduction measures described in this document are
implemented
10. Local governments will use their best efforts to implement these voluntary emission
reductions. In the event that any measure outlined in this Agreement cannot be
implemented, Local Government may amend or terminate the voluntary commitments
under this Agreement upon thirty days written notice.
11. H -GAC and the Local Government agree to reasonably coordinate with one another
concerning any communication or publicity regarding the contents of this Agreement.
IN WITNESS WHEREOF, the parties
have executed this Agreement as of q th
day of No ltw-b.u' 2010 .
HOUSTON - GALVESTON AREA
COUNCIL,
a political subdivision of the State of
Texas
ee e
xecutive Director
CITY OF BAYTOWN
ROBERT D. LEIPER
DEPUTY CITY MANAGER
NYDIA DE to DARZA
Mycommwe nE�Ime
June 18, 2014