HomeMy WebLinkAboutOrdinance 22343-08-2016 ORDINANCE NO.22343-08-2016
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $410,796.00
SUBJECT TO RECEIPT OF AN EXECUTED CONTRACT FROM THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY, FOR AIR POLLUTION
CONTROL SERVICES; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2015-2016 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Grants
Fund in the amount of$410,796.00 subject to receipt of an executed contract from the Texas Commission
on Environmental Quality, for air pollution control services.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions
of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
AAthur Bashor,Assistant City Attorney ary J.k4er,Oy S etary
ADOPTED AND EFFECTIVE: August 9,2016
Ordinance No.22343-08-2016
Page 1 of 1
TCEQ CONTRACT NUMBER 582-15-50123
AMENDMENT NUMBER 2
The Texas Commission on Environmental Quality(TCEQ), and the City of Fort
Worth, agrees to amend Contract No. 582-15-50123 to extend the term of the
contract and increase the total compensation possible under the contract to
include funding for FY17. The City of Fort Worth will continue to conduct air
pollution control services performed within the jurisdiction of the City of Fort
Worth in accordance with the Texas Health and Safety Code §382.o622.
1. The total compensation possible under this contract is increased as follows:
The Original Contract Amount $275233.00
Contract Amendment No. 1 (FY16) $275233.00
Contract Amendment No. 2 (FY17; 8275 2` 3 00
The Total Contract Amount $825,699.00
2. The Maximum Amount of Contract is increased to $825,699.00
3. The Term of Contract is extended to August 31, 2017.
4. The reimbursement for contract activities will be based on allowable program
costs approved by TCEQ.
5. Paragraph 2 of the Special Terms and Conditions is amended to read as
follows:
Each request for payment must show the cumulative amount of
match provided by the PERFORMING PARTY for the fiscal year.
The final request for payment must show that the 33% local match
has been provided, calculated based on the Total Program Cost. If
the first quarter (September through November), second quarter
(December and February), and third quarter (March and May)
requests for payment do not reflect that the 33% local match has
been provided, PERFORMING PARTY shall provide the amount of
the match shortage and a statement each quarter acknowledging
that it anticipates meeting the 33% local match requirement by the
time the final request for payment is submitted.
6. Paragraph 1.6 of the Scope of Work in the Administrative Regulations section
is amended to read as follows:
Financial Status Report. Within 60 days of the last day of the
quarter, each request for payment must be accompanied by a
quarterly Financial Status Report (FSR). The FSR form is
Attachment A to this Agreement. The approved budget column of
the FISR will come from the Cost Budget. The PERFORMING
PARTY will indicate the Match Amount on the FSR. The FSR
includes on a separate line, the total amount that is being matched
by the PERFORMING PARTY.
The PERFORMING PARTY shall submit the final FSR with the
fourth quarter invoice for each fiscal year. With each FSR, the
Contract Number 582-15-50123 1 of 8
Amendment#2
TCEQ CONTRACT NUMBER 582-15-50123
PERFORMING PARTY shall submit a list of property purchased
wholly or partially with funds from this Agreement and having a
unit acquisition cost of $5,000 or more. This requirement for a
final FSR is in addition to the FSR required to be submitted with
each invoice. The FSR Form Instructions are Attachment B of the
Contract Documents. The requirements of this Section shall
survive the termination of this Agreement.
7. Paragraph 1.8 of the Scope of Work in the Administrative Regulations section
is amended to read as follows:
The PERFORMING PARTY shall implement and maintain the
quality control procedures on ShareNet.
8. Paragraph 1.9 of the Scope of Work in the Administrative Regulations section
is amended to read as follows:
Annual Work Plan Development. TCEQ will provide a draft Work
Plan no later than July 15 of each fiscal year, and the parties will
make all reasonable efforts to agree on a final Work Plan by August
15 of each fiscal year. The Work Plan will be consistent with the
direction and intent of the Compliance Monitoring Strategy for the
TCEQ Air and/or Stage II programs. The Work Plan will cover an
entire fiscal year of program activity. The Work Plan will show the
types of tasks or activities, the number of tasks to be completed
within the fiscal year. A sample Work Plan can be found in
Attachment D. Oversight of the Work Plan Activities is stated in
Section 3 of this Scope of Work.
9. Paragraph 2.2 of the Scope of Work in the Performance Evaluations section is
amended to read as follows:
Work Product Evaluations. Evaluations will be conducted of PERFORMING
PARTY's work utilizing standardized procedures and will typically be
conducted by one or more persons designated with that task by the TCEQ
Regional Representative or designee. Evaluations may include work product
evaluations and joint oversight investigations. The TCEQ Regional
Representative will perform a minimum of two joint oversight investigations
per fiscal year of the contract period. A joint investigation is an investigation
in which a TCEQ representative accompanies the PERFORMING PARTY
during an investigation for the primary purpose of oversight. TCEQ may
independently audit investigations at entities which the PERFORMING
PARTY investigated. Additionally, the TCEQ Regional Representative or
designee will evaluate investigation reports submitted by the PERFORMING
PARTY.
TCEQ will provide written assessments of each work product evaluated,
including, work product evaluations and joint oversight investigation results
to the PERFORMING PARTY's representative by the 7th working day of the
month following the evaluation, or at another mutually agreed time.
Contract Number 582-15-50123 2 of 8
Amendment#2
TCEQ CONTRACT NUMBER 582-15-50123
lo. Paragraph 3.1 in the Requirements Applicable to All Work Activities of the
Scope of Work is amended to read as follows:
3.1 TCEQ will not reimburse the PERFORMING PARTY for work not included
in this Scope of Work, or which exceeds the quantities in the Work Plan
unless prior written approval is obtained.
11. Paragraph 3.2.1 in the Requirements Applicable to All Work Activities of the
Scope of Work is amended to read as follows:
3.2.1 Program. The PERFORMING PARTY shall implement and conduct
an investigation for each work activity on the approved work plan
with listed output greater than zero. The PERFORMING PARTY
shall comply with the requirements of the most recent TCEQ
Records Management procedures, Public Information Request
procedures, and Enforcement procedures, in addition to the
guidance documents and policies on the TCEQ ShareNet.
12. Paragraph 3.2.2 Work Plan Activities in the Requirements Applicable to All
Work Activities of the Scope of Work is amended to read as follows:
TCEQ shall prepare and submit a detailed proposed Work Plan to the
PERFORMING PARTY no later than July 15. PERFORMING PARTY shall
review proposed work plan and select the number and type of investigations
consistent with the TCEQ Compliance Monitoring Strategy and effecting
maximum benefit for air pollution control. On-site investigations at the same
site in successive fiscal years may only be conducted if required by the
Compliance Monitoring Strategy or approved by TCEQ. TCEQ may approve
all or part of the activities in the proposed Work Plan. Upon approval of the
Work Plan and list of sources required in 3.2.3.1,the TCEQ Project Manager
will issue a Notice to Proceed with a copy of the approved Work Plan, the list
of sources, and work plan activity code description document. TCEQ will
reimburse the PERFORMING PARTY's program costs for approved and
agreed upon Work Plan completed activities.
13. Paragraph 3.2.3 Work Plan Activities in the Requirements Applicable to All
Work Activities section of the Scope of Work is amended to read as follows:
List of Sources. The TCEQ shall develop and maintain a list of
sources subject to recurring planned investigations by applying the
Compliance Monitoring Strategy for the Air and Waste Programs,
as applicable. This CCEDS generated list will be the only record of
deliverables and will not be substituted by any form of
recordkeeping, including but not limited to databases and excel
spreadsheets.
3.2.3.1 Reserved.
Contract Number 582-15-50123 3 of 8
Amendment#2
TCEQ CONTRACT NUMBER 582-15-50123
3.2.3.2 Stage II list. If approved and directed by the TCEQ the
PERFORMING PARTY may utilize a list of Stage II
facilities in their jurisdiction only if the list is pulled
directly from an approved TCEQ database. The List of All
Facilities shall identify all motor vehicle fuel dispensing
facilities within the PEFORMING PARTY's territorial
jurisdiction where Stage II vapor recovery equipment was
required by TCEQ rules. This list must be reconciled
quarterly as the fiscal year progresses, and must be
approved if used for Work Plan development in any fiscal
year.
3.2.4 All investigations completed by the PERFORMING PARTY shall be
entered into CCEDS in accordance with the TCEQ guidance
manuals available on ShareNet. Unless otherwise specifically stated
in writing by TCEQ, an investigation is considered a "complete
work task" only when it is approved in CCEDS. The PERFORMING
PARTY shall only invoice for approved investigations.
14. Paragraph 3.2.5.1 of the Scope of Work in the Requirements Applicable to All
Work Activities section is amended to read as follows:
In accordance with the most current version of the FOSOP, the
PERFORMING PARTY shall initiate an appropriate enforcement action on
every air violation it detects while performing any investigation under this
Agreement. If the PERFORMING PARTY identifies any non-air
violations, it shall notify the TCEQ Regional Representative and TCEQ
Project Manager in writing within 14 calendar days so that the respective
regional staff can take any necessary actions to address the issues, as long
as the PERFORMING PARTY does not hold any other jurisdiction over the
violation.
15. Paragraph 3.2.8.5 Monthly Reporting of the Scope of Work in the
Requirements Applicable to All Work Activities section is amended to read as
follows:
3.2.8.5 For each activities approved during the month, the original
investigation report including attachments (or a list of reports, if the TCEQ
Regional Representative and the PERFORMING PARTY agree), and approved
enforcement referral packages, including attachments.
16. The Cost Budget Sheet is amended as follows:
Contract Number 582-15-50123 4 of 8
Amendment#2
TCEQ CONTRACT NUMBER 582-15-50123
Cost Budget
Cooperative Reimbursement Contract
for State Agencies and Local Governments
Budget. Authorized budgeted expenditures for work performed are as follows:
Budget Category Cost for Work to be
Performed
Salary/Wages $
Fringe Benefits $
Travel $
Supplies $
Equipment $
Contractual $
Construction $
Other $
Indirect Costs $
Total $
Indirect Cost Reimbursable Rate.
The reimbursable rate for this Contract is % of(check one):
❑ salary and fringe benefits
❑ modified total direct costs
❑ other direct costs base
If other direct cost base, identify:
This rate is less than or equal to (check one):
❑ Predetermined Rate—an audited rate that is not subject to
adjustment.
❑ Negotiated Predetermined Rate—an experienced-based
predetermined rate agreed to by Performing Party and TCEQ.
This rate is not subject to adjustment.
❑ Default rate—a standard rate of ten percent of salary/wages may be used
in lieu of determining the actual indirect costs of the service.
Contract Number 582-15-50123 5 of 8
Amendment#2
TCEQ CONTRACT NUMBER 582-15-50123
Other. If Budget Category"Other"is greater than $25,000 or more than io% of
budget total, identify the main constituents:
Travel. In order to be reimbursable, travel costs must be specifically authorized
in advance of the travel. Travel costs will be reimbursed only in the amount of
actual costs, up to the maximum allowed by law for employees of the State of
Texas at the time the cost is incurred.
Budget Categories. The Budget Categories above have the definitions,
requirements and limitations stated in UGMS. Construction costs are not
reimbursable without prior, specific written authorization from TCEQ.
Budget Control.
a. Cumulative transfers equal to or less than io% of the Total
Budget. Performing Party may transfer amounts between the
approved direct cost budget categories so long as cumulative
transfers from direct cost budget categories during the Contract
Period do not exceed ten percent (io%) of the Total Budget amount.
Performing Party must timely submit a Budget Revision Request
(BRR) Form reflecting the revised budget. Upon approval by
TCEQ, the BRR will be incorporated into this Contract as though it
is a document revised under General Term and Condition Section
1.2. The lo% limit does not reset with the approval of each BRR. It
resets when an amendment is signed by the parties reflecting
changes to the budget.
b. Cumulative transfers greater than io% of the Total
Budget. TCEQ must pre-approve in writing all budget
revisions that result in the cumulative transfer from direct cost
budget categories of funds greater than io% of the Total Budget
during the Contract Period. The Performing Party must request to
amend the Contract. A contract amendment is required before
Performing Party incurs these costs.
c. Performing Party may not transfer amounts to budget categories
containing zero dollars without TCEQ pre-approval in writing.
Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must
be submitted to the individual named in TCEQ Project Representatives and
Records Location at monthly intervals. Final invoices shall be submitted within
two (2) calendar months after completing the Scope of Work activities. TCEQ
may unilaterally extend this deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows
how the budget control requirement is being met.
Supporting Records. Performing Party shall submit records and
documentation to TCEQ as appropriate for the review and approval of
reimbursing costs. TCEQ may reject invoices without appropriate supporting
documentation. TCEQ has the right to request additional documentation such as
Contract Number 582-15-50123 6 of 8
Amendment#2
TCEQ CONTRACT NUMBER 582-15-50123
expenses for the invoice period, year-to-date expenses, projected totals for the
year (or applicable contract period), percent of budget spent to date, and
percentage of budget projected to be spent. Performing Party shall maintain
records subject to the terms of this Contract.
Indirect Costs. Performing Party's indirect costs will be reimbursed at the
reimbursable rate entered above. If no reimbursable rate is shown above,
indirect costs are not reimbursable under this Contract. The reimbursable rate
must be less than or equal to the rate authorized under UGMS. To the extent that
the reimbursable rate is lower than Performing Party's actual indirect costs,
Performing Party is contributing its unreimbursed indirect costs to the successful
performance of this Contract, and waives any right it may have to reimbursement
of those costs (if this Contract requires matching funds, Performing Party may
claim its unreimbursed indirect costs as part or all of its match). Performing
Party must fund all unreimbursed indirect costs from other funds. It is the
Performing Party's responsibility to ensure that unreimbursed indirect costs are
not charged to other projects which do no benefit from them, and that it uses
funding sources that may be properly used to fund its unreimbursed costs.
All other conditions and requirements of Contract Number 582-15-50123 remain
unchanged.
Contract Number 582-15-50123 7 of 8
Amendment#2
TCEQ CONTRACT NUMBER 582-15-50123
RECEIVING AGENCY PERFORMING PARTY
Texas Commission on City of Fort Worth
Environmental Quality
By: By:
Authorized Signature Authorized Signature
Stephanie Bergeron Perdue.
Printed Name Printed Name
Deputy Executive Director
Title Title
Date Date
Contract Number 582-15-50123 8 of 8
Amendment#2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2016 - Ordinance No. 22343-08-2016
DATE: Tuesday, August 9, 2016 REFERENCE NO.: **C-27853
LOG NAME: 23TCEQ COMPLIANCE GRANT AMENDMENT NO.1 FY17
SUBJECT:
Authorize Execution of Amendment No. 2 to State Funded Grant Agreement with the Texas Commission
on Environmental Quality in the Amount of$275,233.00 for Fiscal Year 2016 for Air Pollution Control
Services, Authorize In-Kind Match in the Amount of$135,563.00, Apply Indirect Costs at Approved
Percentage Rate for the Total Project in the Amount of$410,796.00 and Adopt Appropriation Ordinance
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the Execution of Amendment No. 1 to State Funded Grant Agreement with the Texas
Commission on Environmental Quality for the City to Provide Air Pollution Control Services within the City
of Fort Worth and Accept the Grant Funds in the Amount of$275,233.00;
2. Authorize the Use of$135,563.00 from the General Fund as an In-Kind Match for this Agreement;
3. Apply an Indirect Cost Rate of up to 21.48 percent in Accordance with the Terms of the State Funded
Grant Agreement; and
4. Adopt the attached appropriation ordinance Increasing estimated receipts and appropriations in the
Grants Fund in the Amount of$410,796.00 subject to receipt of an executed contract.
DISCUSSION:
The City of Fort Worth operates a comprehensive air quality program under five separate but related
contracts with the Texas Commission on Environmental Quality (TCEQ). This overall program benefits
the City by ensuring that facilities are in compliance with air quality regulations and by supporting reliable
data collection for air pollutants. One of the five contracts, partially funded by the State of Texas,
specifically supports air compliance investigations for over 700 permitted facilities within Fort Worth. Four
other contracts, funded by the State of Texas and federal partners (e.g., United States Environmental
Protection Agency) support operations of different air quality monitoring instruments and related aspects
of air monitoring networks. If executed, this contract will provide for compliance investigations.
Since Fiscal Year 1991 and 1992, the City of Fort Worth (City) has entered into an annual Agreement with
the Texas Commission on Environmental Quality (TCEQ) for the City to provide certain air pollution
control services within Fort Worth. The services provided include complaint investigation, air permit review
and comment, annual inspections at major sources, used car dealership inspections, and Stage II Vapor
Recovery System/Petroleum Storage Tank inspections at area gas stations.
On July 22, 2014, (M&C C-26868) the City Council authorized the execution of a State Funded Grant
Logname: 23TCEQ COMPLIANCE GRANT AMENDMENT NO.1 FY17 Page 1 of 3
Agreement with the Texas Commission on Environmental Quality for Fiscal Year 2015. The initial
Agreement period began on September 1, 2014 and ends on August 31, 2015 with the option to renew the
Agreement for three additional one-year periods upon written consent of the parties.
Upon full execution of the first contract amendment, the Agreement will continue from September 1, 2016,
through August 31, 2017, with a limit in the amount of$275,233.00 for reimbursement of expenses to the
City with the option to renew the Agreement for one additional one-year period upon written consent of the
parties by an amendment to this Agreement. This Agreement requires an additional in-kind match of
$135,563.00. The new total not to exceed reimbursable amount from TCEQ will be $825,699.00. The City
must provide matching funds such that the combined federal and state share of the total funding for the
City of Fort Worth Local Air Program shall not exceed 67 percent. A portion of the Air Quality Section's
General Fund Budget will be used for the required in-kind match.
Upon approval and acceptance of the grant, City funds will be expended before receipt of grant funds.
DOCUMENT M&C No Approval Date (Grant Amount I In-Kind 1 Total
Initial Contract C-26868 7/22/2014 275,233.00 135,563.00 410,796.00
mendment No. 1 IC-27414 8/11/2015 275,233.00 135,563.00-- 410,796.00
mendment No. 2 Pending Pending 275,233.00 135,563.00 410,796.00
TOTAL 825,699.00 406,689.00 1,232,388.00
This project is located in ALL COUNCIL DISTRICTS.
This contract will be with a governmental entity, state agency or public institution of higher education:
Texas Commission on Environmental Quality.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated,
of the Grants Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2
1 21002 0230424 4341015 G00269 992399 $275,233.00
21002 0230424 VARIOUS G00269 992396 $275,233.00
21002 0230424 4640950 G00269 99XXXX R1 35,563.00
210021 0230424 VARIOUS G00269 99XXXX J$135,563.00
FROM
Fund Department ccoun Project Program ctivity Budget Reference # tl
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Logname: 23TCEQ COMPLIANCE GRANT AMENDMENT NO.I FY 17 Page 2 of 3
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Cody Whittenburg (5455)
Logname: 23TCEQ COMPLIANCE GRANT AMENDMENT NO.I FYI Page 3 of 3