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HomeMy WebLinkAboutOrdinance 18204-07-2008Ordinance No. 18204-07-2008 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $278,013 SUBJECT TO RECEIPT OF AN EXECUTED CONTRACT AMENDMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE PURPOSE OF FUNDING THE FY 2008-2009 LOCAL AIR PROGRAM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR 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 2008-2009, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $278,013 subject to receipt of an executed contract amendment with the Texas Commission on Environmental Quality for the purpose of funding the FY 2008-2009 Local Air Program. 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 incorporated into the ordinance of the municipal government of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2008, and ending September 30, 2009, 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 prior ordinances and appropriations are hereby expressly repealed.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 ASnTO FORM AND LEGALITY: r 1 r ___ Assists City Attorney ADOPTED AND EFFECTIVE: July 29. 2008 Cif ®f ®r~ ®rfh, 1°exas Mayor and Council Communication COUNCIL ACTION: Approved on 7/29/2008 -Ord. No. 18204-07-2008 & 18205-07-2008 DATE: Tuesday, July 29, 2008 LOG NAi1t1E: 52TCEQ COMP#3 REFERENCE NO.: **C-22945 SUBJECT: Authorize Execution of Amendment No. 3 to City Secretary Contract No. 32354 with the Texas Commission on Environmental Quality for FY 2008-2009 Local Air Program, Authorize Inter-Fund Loan and In-Kind Match and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute Amendment No. 3 to City Secretary Contract No. 32354 with the Texas Commission on Environmental Quality (TCEQ) extending the contract time through August 31, 2009, and increasing the not-to-exceed amount from $830,576.00 to $1,108,589.00; 2. Authorize anon-interest bearing inter-fund loan from the Environmental Operating Fund to the Grant Fund in the amount of $69,503.00 for interim financing for this grant, pending contract execution, to secure program continuation from one grant funding period to the next; 3. Authorize the use of $136,932.00 from the General Fund as an in-kind match for this amendment; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $278,013.00 in FY 2008-2009, subject to receipt of an executed contract amendment; 5. Adopt the attached appropriation ordinance increasing in-kind in the Grants Fund by $136,932.00 in FY 2008-2009, subject to receipt of an executed contract amendment; and 6. Apply indirect cost at the most recently approved rate of 21.48 percent for the Environmental Management Department. DISCUSSION: Since FY 1991-1992, the City has entered into an annual agreement with the TCEQ for the City to provide certain air-pollution control services within Fort Worth. The services provided include complaint investigation, new source review and comment, annual inspections at select major Volatile Organic Compound (VOC) sources, used car dealership inspections, and Stage II Vapor Recovery System inspections at area gas stations. The original Interlocal Agreement provided $549,100.00 in funding for FY 2005-2006 and 2006-2007 ($274,550.00 for each year). The first amendment to this contract approved by Council on July 18, 2006, (M&C C-21573) increased funding by $3,463.00. The second amendment increased the funding for FY 2007-2008 by $278,013.00 to $830,576.00 and required an additional in-kind match of $136,932.00. This third amendment increases the funding for FY 2008-2009 by $278,013.00 to $1,108,589.00 and requires an additional in-kind match of $136,932.00. The City must provide matching funds such that the combined Logname: 52TCEQ_COMP#3 Page 1 of 2 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 for FY 2006-2007, FY 2007-2008 and FY 2008-2009 will be used for the required in-kind match. The amendment also reflects minor changes to the General Conditions and Scope of Work Sections of the agreement regarding the submission of invoices; the annual work plan and task requirements. Upon approval and acceptance of the grant, City funds will be expended before receipt of grant funds. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, receipt of grant funds, and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the Grant Fund. Funds will be reimbursed by grantor after expenditures are made. Upon execution of the grant contract and receipt of grant funds, the inter-fund loan of $69,503 will be repaid to the Environmental Operating Fund. TO Fund/Account/Centers 2) GR76 220103 000412040000 FROM Fund/Account/Centers $69,503.00 2) R103 136076 0000000 $69,503.00 GR76 488279 052412040000 GR76 451543 052412040000 4) GR76 5 VARIOUS) 052412040070 GR76 517040 052412040080 $136,932.00 $278.013.00 $278.013.00 $136,932.00 Submitted far City Manager's OfFice by: Charles Daniels (6183) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) Logname: 52TCEQ_COMP#3 Page 2 of 2