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Home My WebLink AboutContract 44799-E3 (2)�� r��fi �1q q " �3 �� o� CITY OF F�RT WORTI3 - 105 CONTRACT IoTUMSER 5�2-14-�}0060 ; AMEllTDMENT #3 ' The Texas Commission on Environmental Quality ("TCEQ") hereby amends Contract #�8z-i4- 4006o with the Ci-ty of Fort Worth {"PERFORMING PARTY"} lo extend the expiratio�. date o£ �lie Contract by 90 days. General Terms and Conditions, �aragraph 1.g gives TCEQ the right to : issue this unilateral e�ension. 7. The Term of the Contract is extended to November 2g, zo15. AIl oiher conditions and requirements of Contract Number 582-x�.-4o06o reznazn unchanged. TCEQ: Texas Commission on Environrnental Quality Manager, An:�bient Monitoz•in� Scctioi�. (Title) �� l�Lr l S.! {D�t� Signed) . � R • ' • I , , / � � AFFICIAL. R�COitID �1�'1( SECitETD►RY �. WORTFI, TX ratricia Le �a �ruz {Printed Name) �M&C Review Page 1 of 2 CITY CQUNCIL AGENDA Offioai site of che City of Fort Wo�th, Texas FaRr Wo��» �� COUNCIL ACTION: Approved on 9/10/2013 - Ordinance No. 20894-09-2013 REFERENCE ** 20STATE GRANT DATE: 9/10/2013 N� ; C-26423 LOG NAME: AGREEMENT FOR PM10 OPERATION 2013 TO 2015 CODE: C TYPE: PUBLtC CONSENT HEARING: NO SUBJECT: Authorize Execution of a Texas Commission on Environmental Quality Federaliy Funded Grant Agreement in an Amount Not to Exceed $308,856.00 for Air Pollution Control Services, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of the Texas Commission on Environmental Quality Federally Funded Grant Agreement for air pollution control services wifh a maximum amount of $308,856.00 for a two- year term starting September 1, 2013, through August 31, 2015; 2. Authorize the use of existing personnel services for the City's in-kind match with an anticipated value of $101,922.00 for the two-year term of September 1, 2013, through August 31, 2015; 3. Adopt appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $206,934.00 for grant years 2013-2014 through 2014-2015, subject to receipt of an executed Contract; and 4. Apply indirect costs at the most recentty approved rate of 21.48 percent for the Transportation and Public Works Depa�tment. DISCUSSION: The Texas Commission on Environmental Quality (TCEQ) is the pass-through agency for all Environmental Protection Agency (EPA) Section 105 Grant Funds. EPA Section 105 Grant Funds have been received annually by the City for its Air Pollution Control Program in cooperation with TCEQ to maintain and operate various ambient air monitoring stations. This inciudes daily monitoring of ozone and particulate levels. This grant covers the operation and maintenance of the Particulate Matter (PM) 10, Luisa VOC Canister, and Ozone monitoring networks for the TCEQ and requires a local in-kind match of $50,961.00 per year. The City must provide matching funds such that the combined Federal and State share of the total funding for the Section 105 Grant does not exceed 67 percent. The matching funds must be allocated per maintenance of effort requirements for federal air pollution grants. The Transportation and Public Works Department's proposed Fiscal Year 2014 General Fund budgef includes funds required for the in-kind match. No City funds will be expended before the contract is approved. Upon approval and acceptance of the grant and execution of the contract, City funds will be expended before receipt of grant funds. Work performed under this grant Agreement will service COUNCIL DISTRICT 4. http://apps.cfwnet. org/council�acket/mc_review. asp?ID=18770&councildate=9/ 10/2013 9/ 12/2013 �M&C Review FISCAL INFORMATION/CERTIFICATION: Page 2 of 2 The �inancial Managemenf Services Director certifies that upon approva! of the above recommendations, and adoption of the attached appropriation ordinance, funds wili be available in fhe current operating budget, as appropriated, of the Grants Fund. TO FundlAccount/Centers 3) GR76 5 (VARIOUS) 020412669010 � GR76 517040 020412669020 � GR76 488279 020412669000 � GR76 451543 020412669000 �206.934.00 $101, 922.00 $101,922.00 $206.934.00 Submitted for City Manager's OfFice bv: Oriqinatinq Deaartment Head: Additional Information Contact: ATTACHMENTS FROM Fund/AccounUCenters Fernando Costa (6122) Douglas W. Wiersig (7801) Michael Gange {6569) 20STATEPM 10update.pdf 20TCEQ COMPLIANCE GRANT FY14 A013 revised 9-4-13crr2.doc http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18770&councildate=9110/2013 9/12/2013 Texas Commiss�on vn Environmental Qua�ity Cooperative Reimbursement Contract for State Agencies and Local Governments CONTRACT SIGNATURE PAGE Contraci Name: Contract Number; Pcrforming Pariy: Performing Party Identification Number. �Inxtmum Author{zed Reimbursement: Ambient Air Monito�ing — Pass-Ttu�u Grant 582-14-40060 City of Fort Worih 17560005286 S2U6,934.00 Effective Aate: � 9/1/13 ❑ Date of last signaturo Expiration Date; � 8/31/] 5 ❑ Last day of Fiscal Year in which the �ontract was signed � If checked, this Contrnct requires matching funds, Match Requirement: 33% � If checked, this Co�tract is funded with fedcral fiinds. � CFDA Number: 66.605 Federal Grant Number: This Contract is entered under: ❑ Gov't Code ch. 771 ❑ Gov't Code ch. 791 (] Water Code § 5.124 � � �� Tex. Water Code § 5.229 and 7.351 — 7.358 and Safety Code §§ 382.033 382.111— 382.11 S The Texus Commission on Environmental Quality (TCEQ), an agency of the Stato of Texas, and the nnmed Performing Pazty, A state agancy or local governmeat of dia Stnta ofTexns, enter this agreement (Contract) to coopecxtivety conducc uuthorized governmenWl flinctions nnd aotivities under the lawa o£ the SG�te oFTexe►s. Tha Pnrtios ngree ua Polfows: (a) to be effective, tha Contract must be signed by nn authorized oPficial of the TCEQ end the Pecforming Parry; (b) this Contract consiata of all documents specified in the Itst of Contrnct Documents following thia page; nnd (c) as authoriza! by TCEQ, Performing Pnrty wi[1 c:onduct Contraci Activities Ts part of its own authorizcd govcrnmental functions and TCSQ will reimburse Allowuble Custs subject to ihe �['exas Uniform Gr<uit Management Standarcie (i1c3MS) and this Conhact, I�totwithstandi�g thc requiroment for both pnrties to sign this contraot, Performing Puty is authorized to oegin work imder this agreement on the Bffoctivo Date stated abovey in utder to maintaie continuous monitoring under d�e II'A Section 105 pssss-thru gtant Texas Commissiou on City of Fort Worth EnvironmentaI Quallty (TCEQ) (Pcrfomilag Pnrty) Authorized signnture � Ramiro (itiroia Jr. Printed Name Deputy DinK:tor, _ 4fftc,� of Comp.linnce end Eqfgrcancnt i'itle �s 1� 1 r� Procuremenb �@ Contrncts Represenrntive Printeci Nnnte Eernanc�n !'.nc Prinicd Name Assistant Citv ManaQer Title � /3 /3 ___ �� Authorized Sigoature Ordinance No. 20894-09-2013 AN OR.DINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPWATIONS IN THE GRANTS FUND IN THE ANIOUNT OF $206,934.00, SUBJECT TO THE RECIEPT OF AN EXECUTED CONTRACT FROM THE TEXAS COMMISSION ON ENVIRONMENI'AL QUALTTY (TCEQ) FOR GRANT YEARS 2013-2014 THROUGH 2O14-2015, FOR THE PURPOSE OF OPERATING AND MAINTAINING VARIOUS AMBIENT AIR.IVIONITORING STATIONS AS PART OF THE CITY'S AIIZ POLLUfION CONTROL PROGRAM; PROVIDING FOR A SEVERABILITY CLAUSE; MAKIIVG THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLTCT HEREWITH; AND PROVIDING AN EFFECTNE DATE. }3E IT ORDAINED BY THE CITY COUNCII, OF THE CiTY OF FORT WORTH, TEXAS: SECTInN I. That in addition to those amounts allocated to the various City departments for Fiscal Year 2U13-2014 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grant Fund in the amount of $206,934.00, subject to the execution of a contract with the Texas Comrnission on Environmental Quality (TCEQ), for grant yeais 2013-2014 tlu-ough 2014-2015, for the purposes of operating and maintaining various ambient air monitoring stations as part of the City's Air Pollution Control Program. SECTION 2. That should any portion, section or part of a section of ttus ordinance be declared invalid, inoperative or void for any reason by a court of eompetent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, �;�hich said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be incorporated into the ordinance approved by the Fort Worth City Council effecting the budget of the �nunicipal government of the City of Fort Worth for the ensuing Fiscal Year begicuung October 1, 2013, and ending September 30, 2014, and all other ordinances and appropriations amenduig the same except in those instances where the provisions of this ordinance are in direct conflict �vith such other ordinances and appropriations, iu �vfuch instance said conflictuig provisions of said prior ordinances and appropnations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: ,7�-�� -_ Assistant City Attorney ADOPTED AND EFFECTNE: September 10, 2013 �-� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/1012013 - Ordinance No. 20894-09-2013 DATE: Tuesday, September 10, 2013 REFERENCE NO.: ''`C-26423 LOG NAME: 20STATE GRANT AGREEMENT FOR PM10 OPERATION 2013 70 2015 SUBJECT: Authorize Execution of a 7exas Commission on Environmental Quality Federally Funded Grant Agreement in an Amount Not to Exceed $308,856.00 for Air Pollution Control Services, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of the Texas Commission on Environmental Quality Federally Funded Grant Agreement for air pollution control services with a maximum amount of $308,856.00 for a two-year term starting September 1, 2013, through August 31, 2015; 2. Authorize the use of existing personnel services for the City's in-kind match with an anticipated value of $101,922.00 for the two-year term of September 1, 2013, through August 31, 2015; 3. Adopt appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $206,934.00 for grant years 2013-2014 through 2014-2015, subject to receipt of an executed Contract; and 4. Apply indirect costs at the most recently approved rate of 21.48 percent for the Transportation and Public Works Department. DISCUSSION: The Texas Commission on Environmental Quality (TCEQ) is the pass-through agency for all Environmental Protection Agency (EPA) Section 105 Grant Funds. EPA Section 105 Grant Funds have been received annually by the City for its Air Pollution Control Program in cooperation with TCECl to maintain and operate various ambient air monitoring stations. This includes daily monitoring of ozone and particulate levels. This grant covers the operation and maintenance of the Particufate Matter (PM) 10, Luisa VOC Canister, and Ozone monitoring networks for the TCEQ and requires a local in-kind match of $50,961.00 per year. 7he City must provide matching funds such that the combined Federal and State share of the total funding for the Section 105 Grant does not exceed 67 percent. The matching funds must be allocated per maintenance of effort requirements for federal air pollution grants, The Transportation and Public Works DepartmenYs proposed Fiscal Year 2014 General Fund budget includes funds required for the in-kind match. No City funds will be expended before the contract is approved. Upon approval and acceptance of the grant and execution of the contract, City funds will be expended before receipt of grant funds. Logname: 20STATE GRANT AGREEMENT FOR 1'M10 OPERATION 2013 TO 2015 Page 1 of 2 Work performed under this grant Agreement wiil service COUNCIL DISTRICT 4. FISCAL INFORMATION / CERTIFICATION: The Financiai Managemeni Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds wili be available in the current operating budget, as appropriated, of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers 2) GR76 517040 020412669020 2)GR76 488279 020412669000 � GR76 451543 020412669000 3) GR76 5NARIOUS) 020412669�10 CERTIFICATIONS: $101,922.Q0 $101,922.00 $ 206, 934.00 $206,934.Q0 Submitted for CitY Manaqer's Office bv: Oriqinating Dep�rtment Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Douglas W. Wiersig (7801) Michael Gange (6569) Logname: 205TATE GRANT AGREEMBNT FOR PM10 OPERA.TION 2013 TO 2015 Page 2 of 2 . � . From: Sent: To: Cc: Subject: Allison, Bashor, Arthur Wednesday, September 02, 2015 11:24 AM Tidwell, Allison Kazda, Michael; Bazarte, Alexia M RE: Amendments from TCEQ Yes, this is an unusual situation. We are still in negotiations with the TCEQ to renew the contract for one year. Because we have not yet come to full agreement on the terms, there is a provision in the original contract by which TCEQ may unilaterally extend the contract for 90 days under these circumstances: 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a. period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. You are right, normally both legal and an ACM sign the TCEQ contracts and amendments. This is one of the very rare exceptions. Since TCEQ is exercising a unilateral right, they are the only party that needs to sign. Thanks for checking and have a great day! Art _ From: Kazda, Michael Sent: Tuesday, September O1, 2015 11:00 AM To: Tidwell, Allison Cc: Bazarte, Alexia M; Bashor, Arthur Subject: RE: Amendments from TCEQ Thanl<s for following up with Art. Attached is his reply from last weelc regarding the issue. Please let me know if you have any questions or need any additional information. The situation this year was a little out of the ordinary and stems from some changes that have been made at the TCEQ. We customarily receive our renewals with enough time to get them through City Council, signed, and filed prior to their expiration thereby not requiring a unilateral extension to continue work. Thanks for your diligence and assistance. Thanks, Mike Michael Kazda Environmental Supervisor Code Compliance Department 817-3 92-813 6 MichaeLKazda(a�FortWorthTexas. �ov_ City of Fort Worth — Working together to build a strong community. i -�y ,i� How am I doing? Feel free to contact my supervisor. Cod,y.Whittenbur�(a�FortWorthTexas.�ov From: Tidwell, Allison Sent: Tuesday, September 01, 2015 10:50 AM To: Kazda, Michael Cc: Bazarte, Alexia M Subject: RE: Amendments from TCEQ Mike, When you send these to our office as amendments, they are given a new nuinber, e.g. 45912-A2, and they are kept in the same file as the original conh•act. I looked at other amendments with TCEQ, and they have our signatures. I forwarded your email to Art Bashor to get clarification. If these don't require city signatures, I need that in writing from the attor-ney. Once I hear back, I'll let you know. From: Kazda, Michael Sent: Tuesday, September 01, 2015 10:09 AM To: Tidwell, Allison Cc: Bazarte, Alexia M Subject: RE: Amendments from TCEQ Ms. Tidwell, Amendments 2, 3, and 5 are unilateral actions taken by the TCEQ to existing agreements and did not require our signature. They serve as notice the TCEQ is exercising a provision in the contract which permits them to extend the contract expiration date by 90 days. This was done to allow the city to work without interruption and the TCEQ to reimburse the city for this worl< until renewals are in place. If these do not need to be filed with the City Secretary's office, since they don't bear the signature of a city official, please let me know. I appreciate your assistance and advice. Thanks, Mike Michael Kazda Environmental Supervisor Code Compliance Department 817-392-8136 Michael.Kazda(c�FortWorthTexas. o�v City of Fo�t Worth — Working togetlier to b�cild a strong conamzsnity. ;f �r How am I doing? Feel fi•ee to contact iny supervisor. Cody.Whittenbur�(a�FortWorthTexas.�ov 2 From: Tidwell, Allison Sent: Tuesday, September Ol, 2015 9:36 AM To: Kazda, Michael Cc: Bazarte, Alexia M Subject: Amendments from TCEQ Mike, The City Secretary's Office needs you to come and pick up the following amendments fo1• proper routing: Amendment #2 for CSC No. 45912 Amendment #3 foi• CSC No. 44799 Amendment #5 for CSC No. 42227 These amendments are missing both Fernando's signature and Art's signature. The City Secretary attests to Fernando's signature, not TCEQ's. You will need to have these signed by all parties before we can finalize. Thanks! Allison Tidwell Assistant to the City Secretary City Secretary's Of�ce W: 817.392.6152 F: 817392.6196 Allison.Tidwell(a�fortworthtexas. �ov "City of Fort Woi°th — Wo�°king together to build a strong comrnunity. " �' , � r _._ �