Loading...
HomeMy WebLinkAboutOrdinance 22346-08-2016 ORDINANCE NO. 22346-08-2016 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $429,158.62 SUBJECT TO RECEIPT OF AN EXECUTED CONTRACT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, FOR THE OPERATION 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$429,158.62 subject to receipt of an executed contract from the Texas Commission on Environmental Quality, for the operation of local air pollution monitors. 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: /fi/kz Arthur Bashor, Assistant City Attorney Mary J. kaAer,,tity§ecretary ADOPTED AND EFFECTIVE: August 9,2016 Ordinance No. 22346-08-2016 Page I of 1 CONTRACT NUMBER 582-i6-600A AMENDMENT *i The Texas Commission on Environmental Quality("TCEQ") and the City of Fort Worth ("PERFORMING PARTY"), agree to amend Contract #582-16-60018 to exercise the first of two one-year renewals options renewing the contract through August 31, 2017,and to increase the contract funding amount for Fiscal Year 2017. The Contract is amended as follows: 1. The Maximum TCEQ Obligation is increased by$429,158.62 to $852457.24• The total compensation possible under this contract is: FY16, Original Contract Amount $423,298.62 FY17,Amendment #1 $429,158.62 2. The TCEQ has reviewed and approved the budget submitted by the City of Fort Worth. The Cost Budget for Fiscal Year 2017 is hereby included in its entirety by Attachment A of this Amendment. 3. Total Contract Amount(Maximum TCEQ Obligation) $852457.24 4. The Term of the Contract is extended to August 31, 2017. 5. The Performing Party will comply with the Department of Homeland Security Standard Terms and Conditions included as Attachment B of this Amendment. If there is a conflict between these and other incorporated federal conditions,the most recent will prevail. All other conditions and requirements of Contract Number 582-16-60018 remain unchanged. TCEQ: PERFORMING PARTY: Texas Commission on Environmental Quality City of Fort Worth By: By: (Signature) (Signature) Stephanie Bergeron Perdue (Printed Name) (Printed Name) Deputy Executive Director (Title) (Title) (Date Signed) (Date Signed) Contract No.582-16-60018 Amendment No. 1 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/9/2016 - Ordinance No. 22346-08-2016 DATE: Tuesday, August 9, 2016 REFERENCE NO.: **C-27856 LOG NAME: 23TCEQ WHOLE AIR CONTRACT AMEND 1 FY17 SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 46973, an Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the Amount of$429,158.62 for the Operation of Local Air Pollution Monitors, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize Execution of Amendment No. 1 to City Secretary Contract No. 46973, an Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the amount of$429,158.62 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$429,158.62, 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 whole air monitoring aspects of the network. This Amendment to City Secretary Contract No. 46973 ("Initial Contract") will require the City of Fort Worth (City) to operate local air pollution monitors to include retrieving the sampling filters and data, sending filters and data for analysis, and performing regular audit and maintenance activities on the equipment under the terms of the contract. The contract period will be September 1, 2016, through August 31, 2017, with a not to exceed amount of$429,158.62 for reimbursement of expenses to the City with the option to renew the Initial Contract for one additional one-year period upon written consent of the parties by future amendment to the Initial Contract. Logname: 23TCEQ WHOLE AIR CONTRACT AMEND I FYI Page I of 2 Document M&C No. Approval Date Amount Initial Contract C-27374 7/2712015 $423,298.62 Amendment No. 1 Pending Pending $429,158.62 Total $852,457.24 In 2003, the United States Environmental Protection Agency launched the whole air monitoring network and designated the Texas Commission on Environmental Quality as the administering agency. Since the inception of this monitoring program, the Texas Commission on Environmental Quality has contracted with the City for operation and maintenance of the monitoring equipment. This Agreement will serve 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. Funds will be reimbursed by grantor after expenditures are made. FUND IDENTIFIERS (FIDsI: TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 3 21001 0230424 4341015 G00213 992399 $429,158.62 21001 0230424 VARIOUS G00213 992395 $429,158.6 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID 1A ID Year Chartfield 2) 1A 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 WHOLE AIR CONTRACT AMEND I FYI Page 2 of 2