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HomeMy WebLinkAboutOrdinance 19777-07-2011Ordinance No. 19777 -07 -2011 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANT CAPITAL PROJECTS FUND IN THE AMOUNT OF $401,163.03, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF PURCHASING TWO HEAVY -DUTY DIESEL HYBRID ELECTRIC VEHICLES; 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 2010 -2011 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grant Capital Projects fund in the amount of $401,163.03, from available funds, for the purpose of purchasing two heavy -duty diesel hybrid electric vehicles. 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. 19355 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. APPROYIED AS TO CORM AN 'l EGAL Ass ant C v nev ADOPTED AND EFFECTIVE: Jul City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 71191201 t • Ordinance No. 19777 DATE: Tuesday, July 19, 2011 REFERENCE NO.: * *C -25022 LOG NAME: 212009NCTCOG_DOE(AMENDMENT1) SUBJECT: Authorize the Amendment of a Fiscal Year 2009 American Recovery and Reinvestment Act Grant Fund with the North Central Texas Council of Governments, Contract No. 40651 in the Amount of $103,000.00 for the Purpose of Purchasing Two Heavy -Duty Diesel Hybrid Electric Vehicles and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to amend a Fiscal Year 2009 American Recovery and Reinvestment Act Grant Fund with the North Central Texas Council of Governments for the reimbursement of the incremental difference of the purchase of two Heavy Duty Hybrid Electric Trucks in the amount of $103,000.00; and 2. Authorize the transfer of $298,163.03 from the General Fund to the Grant Capital Projects Fund for the required match for the grant. 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Capital Projects Fund in the amount of $401,163.03. DISCUSSION: The Dallas /Fort Worth Metropolitan Area is categorized as a non - attainment area for ozone. As such, the Clean Air Act Amendments of 1990 require the area to show control strategies that will reduce emissions. On June 22, 2010, the City Council authorized the City Manager to apply for, accept and execute a grant from the North Central Texas Council of Governments ( NCTCOG), M &C C- 24282, for the reimbursement of the purchase and installation of an alternative fuel management system in the amount of $35,147.00, Contract No. 40651. On December 29, 2010, the NCTCOG authorized an amendment to that contract to include the reimbursement of the incremental difference in the purchase of two heavy -duty diesel hybrid electric vehicles. This amendment revised Appendix A Scope of Service and increased the budget amount to $138,147.00 for a total increase of $103,000.00. Two similar hybrid trucks were placed into the City's fleet during 2010. The purchase of these two additional replacement vehicles is in support of the Council's Strategic Goal of Improving mobility and air quality. FISCAL INFORMATION / CERTIFICATION: Logname: 212009NCTCOG_DOE(AMENDMENTI) Page 1 of 2 The Financial Management Services Director certifies that upon approval of the above recommendations, award of the grant and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Capital Projects Fund. FUND CENTERS: TO Fund /Account/Centers 3) GR74 451409 021203442000 3) GR74 472001 021203442000 3) GR74 541360 021203442010 CERTIFICATIONS: FROM Fund /Account/Centers $103,000.00 2) GG01 538070 0809040 $298,163.03 2) GG01 538070 0204004 $401,163.03 Submitted for City Manager's Office by. Originating Department Head: Additional Information Contact: Karen Montgomery (6222) Wayne Corum (5118) Wayne Corum (5118) $148,413.03 $149,750.00 Logname: 212009NCTCOG_DOE(AMENDMENTI) Page 2 of AMERICAN RECOVERY AND REINVESTMENT ACT: North Central Texas Alternative Fuel and Advanced Technology Investments APPENDIX A SCOPE OF SERVICE REVISION 1 CITY OF FORT WORTH The City of Fort Worth will upgrade one (1) private access refueling facility to provide ethanol (E85) and will purchase two (2) heavy -duty diesel hybrid - electric trucks with power take -off (PTO) functionality. The project has been assigned the following Project Number, and each activity has been assigned an Activity Number, both of which shall be used when tracking and reporting to NCTCOG. Pro(ect Number: ARRA- DOE -04 The Scope of Service (Scope) contains information on the activities to be conducted and the expenses that will be reimbursed under the Agreement. All grant- funded scope activities must be in service by January 29, 2012. Grant funding is applicable to approved equipment, supply, and administrative costs directly related to the incremental costs of vehicle purchases, conversion kit purchase and installation, and /or refueling /recharging infrastructure implementation. Pursuant to the cost share commitments identified by the City of Fort Worth upon application for grant funds, total grant funding reimbursed cannot exceed 29.7 percent (29.7°/x) of the actual costs of project implementation. The minimum number of each activity type to be accomplished with the grant award is outlined in the "Approved Application Summary", along with a maximum award amount and committed cost share. If actual expenses are lower than expected and the full award amount is not fully utilized, the City of Fort Worth may request approval from the North Central Texas Council of Governments ( NCTCOG) to use the balance of grant funds in a manner consistent with all requirements of this Agreement and Scope, including cost share requirements. If this situation arises, the City of Fort Worth will notify the NCTCOG Staff Contact and request approval as quickly as possible to ensure timely implementation. TASK 1 -- Purchase and Installation of Approved Vehicles and /or Conversion Kits All new vehicles, engines, and conversion systems must be certified or approved by the US Environmental Protection Agency (EPA) and /or California Air Resources Board (CARB) and meet applicable Federal Motor Vehicle Safety Standards (FMVSS). Revision 1 (December 16, 2010) A roved Application Summa —Vehicles Activity Project Minimum Average Annual Annual Expense Maximum Committed Number Description Number of Units Mileage (per vehicle) Hours PTO Operation Category Award Amount Cost Share Award Amount Purchase Dispensed International Upgrade 1013 2 4300 Diesel 1 9,700 1080 Equipment $51,500.00 $140,500.00 Hybrid - Electric 1 Access St., Fort E85 Vehicle 14,500 Equipment $35,147.00 $51,107.00 Refueling Worth, Purchase Facility International 3 4300 Diesel 1 11,000 864 Equipment $51,500.00 $135,000.00 $51,107.00 Hybrid - Electric Vehicle TOTAL $103,000.00 $275,500.00 TASK 2 — Implementation of Fueling Infrastructure The City of Fort Worth will construct and /or expand fueling infrastructure to provide alternative fuel as outlined in the Approved Application Summary. The City of Fort Worth will ensure that all applicable federal, State, and local laws and regulations are followed related to the construction and /or use of alternative refueling infrastructure, including National Environmental Policy Act (NEPA) requirements and /or other necessary environmental reviews. In addition, the City of Fort Worth will adhere to all special provisions of the American Recovery and Reinvestment Act, including required use of American iron, steel, and manufactured goods and wage requirements (Sections 1605 and 1606 of the ARRA), as identified in the Agreement. ADDroved Application Summary — Fuelino Infrastructure Activity Project Project Fuel;: 4 -- Types) Numberof Average,. , -:. Annua! Expense Maximum: ' Committed, Number Description Location Provided Dispensers Gallons ,.: ' Category Award Amount Cost Share Dispensed Upgrade 1013 Private Cherry 1 Access St., Fort E85 1 14,500 Equipment $35,147.00 $51,107.00 Refueling Worth, Facility TX TOTAL $35,147.00 $51,107.00 TASK 3 — Operation The City of Fort Worth will own and operate the grant- funded infrastructure and vehicles for a minimum of a five -year Activity Life for each funded activity. The City of Fort Worth will display the American Recovery and Reinvestment Act (ARRA) and/or US Department of Energy (DOE) Clean Cities logo at all funded fueling infrastructure facilities in a manner clearly visible to the public for the duration of the approved Activity Life. The required US DOE Clean Cities signage will be supplied by the NCTCOG. In addition, the City of Fort Worth shall apply appropriate Revision 1 (December 16, 2010) signage to fueling infrastructure including all required federal, State, and local fuel dispensing information including, but not limited to fuel contents, safety precautions, etc. TASK 4 — Public Awareness. Marketing, and Training The City of Fort Worth will promote awareness of grant- funded activities among peer organizations as well as the general public. The City of Fort Worth will make good faith efforts to pursue opportunities to promote the project and educate the community about the benefits of alternative fuels and advanced technologies, including press releases, presentations at professional organization events, and education to citizens through city publications or websites. All public awareness, marketing, and training activities will be clearly documented and reported to NCTCOG. The City of Fort Worth agrees to provide to the NCTCOG copies of any materials developed, including, but not limited to, press releases, brochures, training manuals, etc. TASK 4 — Reimbursement and Reportina The City of Fort Worth will complete all reporting and reimbursement requirements as set forth in the Agreement and Scope. Specific reporting requirements and their frequencies are detailed below. Request for Reimbursement With each Request for Reimbursement, the City of Fort Worth must submit documentation proving payment and/or expenses, such as invoices, cancelled checks, or labor reports. In addition, a completed Activity Information Form(s), included as Appendix B, must be submitted, as applicable, for each activity for which reimbursement is requested. The final Request for Reimbursement is due to NCTCOG no later than January 29, 2012. Comprehensive ARRA Reporting Comprehensive ARRA Reporting must be submitted by the fifth day of each month following each quarter of the project period. The report shall be submitted to the Agreement Administrator as identified on the front of the Agreement, using the template provided in Appendix C. Quarterly Usage Report A Quarterly Usage Report must be submitted by the 15�h day of each month following each quarter of the project period, for the duration of the approved Activity Life. Required reporting will include the following information for each activity: For Vehicle Activities o Actual Mileage for the Quarterly Reporting Period o Actual Cumulative Mileage o Actual Gallons Fuel Consumed for the Quarterly Reporting Period o Actual Cumulative Gallons Fuel Consumed o Percent of Time Operating in Dallas -Fort Worth Ozone Nonattainment Area for the Quarterly Reporting Period o Operational Issues or Changes (if any, such as significant maintenance Revision 1 (December 16, 2010) concerns, repair needs, etc.) For Infrastructure Activities • Actual Gallons Dispensed for the Quarterly Reporting Period • Actual Cumulative Gallons Dispensed • Average Price of Alternative Fuel Over Quarterly Reporting Period • Operational Changes (if any, such as significant maintenance /repair needs, temporary closings, etc.) Quarterly usage reporting will be completed online through the NCTCOG website (www.nctcog.org). A username and password will be provided prior to the end of the first reporting period. Certified Payroll Reports Weekly Certified Payroll Reports must be submitted by 5 p.m. on the Friday of the week following the reporting period for any week in which applicable work is performed. The required weekly payroll reporting form is provided in Appendix D and shall also be completed for Contractors. Reports with original signatures must be submitted by to the Agreement Administrator. Scanned or faxed copies are not acceptable: Schedule Task _.. Date :.. Certified Payroll Weekly Certified Payroll Reports must be submitted by 5 p.m. on Records the Friday of the week following the reporting period for any week in which applicable work is performed. Due by the fifth day of each month following the quarter of project activity, for the duration of the Agreement period: Comprehensive January 5 for activity from October 1 — December 31, ARRA Reporting April 5 for activity from January 1 — March 31, • July 5 for activity from April 1 — June 30, and • October 5 for activity from July 1 — September 30 Due by the 15th day of each month following the quarter of project activity, for the duration of Activity Life: Quarterly Usage • January 15 for activity from October 1 — December 31, Reporting • April 15 for activity from January 1 — March 31, • July 15 for activity from April 1 — June 30, and • October 15 for activity from July 1 — September 30 Project Completion January 29, 2012 Deadline Final Request for January 29, 2012 Reimbursement Written Certification of Required at end of Activity Life or upon transfer of ownership Disposition for all grant - funded vehicles and equipment Revision 1 (December 16, 2010)