HomeMy WebLinkAboutOrdinance 22845-08-2017 ORDINANCE NO.22845-08-2017
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF
$410,796.00, 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 2018 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, 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. 22394-09-2016 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of said prior ordinances and appropriations are hereby expressly repealed.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:
1
Christa Y. Lopez-Reyn Ids 4J.
Senior Assistant City Attorney,
ADOPTED AND EFFECTIVE: August 29,2017
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/29/2017 - Ordinance No. 22845-08-2017
DATE: Tuesday, August 29, 2017 REFERENCE NO.: **C-28346
LOG NAME: 23AIR QUALITY COMPLIANCE GRANT TCEQ CONTRACT AMEND NO.3 FY18
SUBJECT:
Authorize Execution of Third Amendment to State Funded Grant Agreement with the Texas Commission
on Environmental Quality in the Amount of$275,233.00 for Fiscal Year 2018 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 Third Amendment 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. This Agreement provides for the Air Compliance Program which supports air
compliance investigations for over 1,200 permitted and regulated facilities within the City of Fort Worth. If
executed, this Agreement continues this program for the 2018 Fiscal Year.
Since Fiscal Year 1991, 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 the City of Fort Worth. The specific services provided include complaint investigation, air permit
review and comment, annual investigation of major sources, biennial/triennial investigation of gasoline
dispensing facilities, and recurrent investigation of all other permitted and regulated sources.
On July 22, 2014, the City Council authorized the execution of a State Funded Grant Agreement Mayor
and Council Communication (M&C C-26868) with the Texas Commission on Environmental Quality for
Fiscal Year 2015. The initial Agreement period began on September 1, 2014 and ended on August 31,
2015 with the option to renew the Agreement for three additional one-year periods upon written consent of
Logname: 23AIR QUALITY COMPLIANCE GRANT TCEQ CONTRACT AMEND NO.3 FYI Page 1 of 3
the parties.
Upon full execution of this contract amendment, the Agreement will continue from September 1, 2017,
through August 31, 2018, with a limit in the amount of$275,233.00 for reimbursement of expenses to the
City. This Agreement requires an additional in-kind match of$135,563.00. The new total reimbursable
amount from TCEQ will be $1,100,932.00. The Environmental Protection Fund provides for the required
in-kind match. Upon approval and acceptance of the grant, City funds will be expended before receipt of
grant funds.
F Approval TCEQ Grant City of Fort
OCUMENT M&C No. Date Amount _Worth In-Kind I
otal
Initial C-26868 7/22/2014 $275,233.00 $ 35,563.00 $410,796.00
Contract
Amendment C-27414 8/11/2015 $275,233.00 1$135,563.00 $410,796.00
No. 1
Amendment Fc-27853 F8/9/2016 $275,233.00 $135,563.00 $410,796.00
No. 2 __ _ __
Amendment F
NDING PENDING [$275,233.00 $135,563.00 F796.000,
No. 3
TOTAL $1,100,932.00 $542,252.00 $1,643,184.00
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. 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. Match funding is provided from the Environmental
Protection Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Departmentccoun Project Program ctivity Budget Reference # moun
j I ID 1A ID Year (Chartfield 2
FROM
Fund Departmentccoun Project Program ctivity Budget Reference # moun
j I ID 1A ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Cody Whittenburg (5455)
Logname: 23AIR QUALITY COMPLIANCE GRANT TCEQ CONTRACT AMEND NO.3 FYI Page 2 of 3
Additional Information Contact: Elmer DePaula (7251)
Logname: 23AIR QUALITY COMPLIANCE GRANT TCEQ CONTRACT AMEND NO.3 FYI Page 3 of 3
TCEQ CONTRACT NUMBER 582-15-50123
AMENDMENT NUMBER 3
The Texas Commission on Environmental Quality(TCEQ), and the City of Fort
Worth, agrees to amend Contract No. 582-15-50123 per General Term and
Condition No. 1.2 to extend the term of the contract to August 31, 2018 by
exercising the third of three, one-year renewal options per Special Term and
Condition No. 6. In addition, the total compensation possible under the contract
is increased by$275,233.00 for Fiscal Year (FY) 2018.
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.
The following outlines the changes to this Amendment.
1. The total compensation possible under this contract is increased as follows:
The Original Contract Amount(FY15) $275,233.00
Contract Amendment No. 1 (FY16 Renewal) $275,233.00
Contract Amendment No. 2 (FY17 Renewal) $275233.00
Contract Amendment No. 3 (FY18 Renewal) $275.233.00
The Total Contract Amount $1,100,932.00
2. The Maximum Amount of Contract is increased to $1,100,932.00
3. The Term of Contract is extended to August 31, 2018.
4. The reimbursement for contract activities will be based on allowable program
costs associated with assigned tasks and on-demand requests by the TCEQ.
All other conditions and requirements of Contract Number 582-15-50123 remain
unchanged.
RECEIVING AGENCY PERFORMING PARTY
Texas Commission on City of Fort Worth
Environmental Quality
By: By:
Authorized Signature Authorized Signature
Richard Hyde, P.E.
Printed Name Printed Name
Executive Director
Title Title
Date Date
Contract Number 582-15-50123 1 of 1
Amendment#3