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HomeMy WebLinkAboutOrdinance 22846-08-2017 ORDINANCE NO.22846-08-2017 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $386,000.00, FOR THE PURPOSE OF AN INTERGOVERNMENTAL COOPERATIVE REIMBURSEMENT AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; 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 2017 in the Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of$386,000.00, for the purpose of an intergovernmental cooperative reimbursement agreement with the Texas Commission on Environmental Quality. 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. 22927-09-2017 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY: Matt Murray, Assistafft City Attorney Mary J.Kiyo ADOPTED AND EFFECTIVE: August 29,2017 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved om 8/2912Q17 --OrdInc ce-Ngo.,22> 4 =08-2Q�'L DATE: Tuesday, August 29, 2017 REFERENCE NO.: **C-28348 LOG NAME: 23WHOLE AIR MONITORING GRANT TCEQ CONTRACT AMEND NO. 2 FY18 SUBJECT: Authorize Execution of Second Amendment to City Secretary Contract No. 46973, an Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the Amount of$386,000.00 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 second amendment to City Secretary Contract No. 46973, an I nterg ovem mental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the amount of$386,000.00 for the contract period of September 1, 2017, through August 31, 2018; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$386,000.00, 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, 2017, through August 31, 2018, with a not to exceed amount of$386,000.00 for reimbursement of expenses to the City. DOCUMENT rM&C NO. JAPPROVAL DATE TCEQ AMOUNT Initial Contract F C-27374 07/27/2015 F$423,298.62 Amendment F C-27856 1 08/09/2016 $429,158.62 Logname: 23 WHOLE AIR MONITORING GRANT TCEQ CONTRACT AMEND NO. 2 FYI 8 Page 1 of 2 Amendment No. 2 Pending I Pending $386,000.00 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. The Code Compliance Department will be responsible for the collection and deposit of funds due to the City. Prior to expenditure being made, the Code Compliance Department has the responsibility to validate the availability of funds. No City of Fort Worth match funding is required with this program. This is a reimbursement grant. FUND IDENTIFIERS (FIDs): TO Fundi Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Brandon Bennett (6345) Cody Whittenburg (5455) Additional Information Contact: Elmer DePaula (7251) Logname: 23 WHOLE AIR MONITORING GRANT TCEQ CONTRACT AMEND NO. 2 FYI 8 Page 2 of 2