HomeMy WebLinkAboutOrdinance 22344-08-2016 ORDINANCE NO.22344-08-2016
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $35,000.00
SUBJECT TO RECEIPT OF A EXECUTED CONTRACT FROM THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY,FOR THE OPERATION AND
MAINTENANCE OF LOCAL AIR POLLUTION MONITORS; 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$35,000.00 subject to receipt of an executed contract from the Texas Commission on
Environmental Quality, for the operation and maintenance of two continuous air monitoring stations.
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of said prior ordinances and appropriations are hereby expressly repealed.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:
Arthur Bashor,Assistant City Attorney Mary J.Kayse ere
ADOPTED AND EFFECTIVE: August 9, 2016
Ordinance No.22344-08-2016
Page 1 of 1
CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 582-16-60238
AMENDMENT#1
AMENDMENT NUMBER i
The Texas Commission on Environmental Quality (TCEQ) and the City of Fort Worth
(City) agree to amend Contract No. 582-16-60238 to extend the term of the contract to
August 31, 2017, by exercising the first of three, one-year, renewal options, to increase
the total compensation possible under the contract to include funding for fiscal year
(FY) 2017, and to correct the Indirect Reimbursable Rate referenced in the original
contract. The City will continue to operate and maintain two continuous air monitoring
stations (CAMS) in Fort Worth (CAMS 0017) and Eagle Mountain Lake (CAMS 0075),
Texas.
1. TCEQ and the City agree that the total compensation possible under this contract is
increased as follows:
The Original Contract Amount (FY16) $ 35,000.00
Contract Amendment No. 1 (FY17) $ 3 ,,000.00
The Total Contract Amount $ '70,000.00
2. The Cost Budget references the corrected Indirect Reimbursable Rate and is
included here as Attachment A.
3. The Term of the Contract is extended to August 31, 2017.
All other conditions and requirements of Contract Number 582-16-60238 remain
unchanged.
Texas Commission on City of Fort Worth
Environmental Quality
By: By:
Authorized Signature Authorized Signature
Richard C. Chism
Printed Name Printed Name
Director, Monitoring Division
Title Title
Date Date
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CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 582-16-60238
AMPNDMENT#1
Attachment A
FY17 Cost Budget
Cooperative Reimbursement Contract
for State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
Budget Category Cost for Work to be
Performed
Salary/ Wages $ 15,500.00
Fringe Benefits $ 6,185.00
Travel $ 500.00
Supplies $ 4,207.o6
Equipment $ 0.00
Contractual $ 0.00
Construction $ 0.00
Other $ 3,950.00
Indirect Costs $ 4,657.94
Total $ 35,000.00
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is
21.48% 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.
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CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 582-16-60238
AMENDMENT#1
3. Other. If Budget Category"Other" is greater than $25,000 or more than io% of
budget total, identify the main constituents:
4. 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.
5. 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.
6. 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.
7. 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.
8. 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 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.
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CrrY of FORT WORTH-CAMS TCEQ CONTRAcr NUMBER 582-16-60238
AMENDMENT#1
9. 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.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2016 - Ordinance No. 22344-08-2016
DATE: Tuesday, August 9, 2016 REFERENCE NO.: **C-27854
LOG NAME: 23TCEQ NOX CONTRACT AMEND 1 FY17
SUBJECT:
Authorize Execution of Amendment No.1 to City Secretary Contract No. 47243, an Intergovernmental
Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the Amount
of$35,000.00 for a Total Contract Amount of$70,000.00 for the Operation of Local Air Pollution Monitors,
Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (COUNCIL
DISTRICT 4, EXTRA-TERRITORIAL JURISDICTION NEAR COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Execution of Amendment No. 1 to City Secretary Contract No. 47243, an Intergovernmental
Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the
amount of$35,000.00 for the contract period of September 1, 2016, through August 31, 2017;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$35,000.00 in Fiscal Year 2016, subject to receipt of an executed contract;
and
3. Apply the indirect cost at the rate of 21.48 percent in accordance with the terms of the
Intergovernmental Cooperative Reimbursement 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 the nitrogen oxides (NOx) and ozone
air monitoring aspects of the network.
This Amendment to City Secretary Contract No. 47243 (" Initial Contract" ) will require the City of Fort
Worth (City) to operate two continuous air monitoring stations for the Texas Commission on
Environmental Quality (TCEQ). The first station is located in Fort Worth off of Alta Vista Road (TCEQ
Station Name: Keller C17). The second station is located near Eagle Mountain Lake (TCEQ Station
Name: Eagle Mountain C75). Both stations are equipped with Nitrogen Oxides monitors. These monitors
are part of the state initiative for Environmental Monitoring for Public Access and Community Tracking of
ozone air pollution in the Fort Worth/Dallas area.
Lognwne: 23TCEQ NOX CONTRACT AMEND 1 FYI Page 1 of 2
The TCEQ provides all air monitoring equipment, parts, and supplies for the proper operation of the air
monitoring stations and is contracting with the City of Fort Worth for the operation and maintenance of
these monitoring stations. The City will be responsible for retrieving the sampling data, sending it for
analysis, and performing regular audit and maintenance activities on the equipment. There is no local
match required under this contract.
The contract amendment period will be September 1, 2016, through August 31, 2017, with a not to exceed
amount of$35,000.00 for reimbursement of expenses to the City with the option to renew the Initial
Contract for two additional one-year periods upon written consent of the parties by future amendments to
the Initial Contract.
This contract will be with a governmental entity, state agency or public institution of higher education:
Texas Commission on Environmental Quality.
This Agreement will serve COUNCIL DISTRICT 4, Extra-Territorial Jurisdiction Near Council District 7.
Document M&C No. Approval Date F Approval Date
Initial Contract M&C C 47243 1 11/03/2015 1 $35,000.00
Amendment No. 1 Pending Pending $70,000.00
Total - - $70,000.00
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. This is a reimbursement grant.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccountl Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
"tipartment Accouni Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2
210011 0230424 4341015 100050 992399 2016 $35,000.00
210011 0230424 VARIOUS 100050 992395 2016 $35,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Cody Whittenburg (5455)
Logname: 23TCEQ NOX CONTRACT AMEND 1 FYI Page 2 of 2