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HomeMy WebLinkAboutOrdinance 25173-11-2021ORDINANCE NO. 25173-11-2021 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS OPERATING FEDERAL FUND, SUBJECT TO RECEIPT OF THE GRANT, IN THE AMOUNT UP TO $186,268.66, FOR THE PURPOSE OF FUNDING AMBIENT AIR MONITORING OPERATIONS; 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 2021-2022 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Operating Federal Fund, subject to receipt of the grant, in the amount up to $186,268.66, for the purpose of funding ambient air monitoring operations. 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 shallbe and remain in full force and effect. SECTION 3. That this ordinance shall be incorporated into the ordinance effecting the budget of the municipal government of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2021, and ending September 30, 2022, 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: Christa R. Lopez-Reynoldst(Nov 12, 202i11:15 CST) Assistant City Attorney ADOPTED AND EFFECTIVE: November 9, 2021 CITY SECRETARY P Ronald P. Gonzales Acting City Secretary City of Fort Worth, Texas Mayor and Council Communication DATE: 11/09/21 M&C FILE NUMBER: M&C 21-0856 LOG NAME: 23TCEQ PM 10 CONTRACT FY2022 SUBJECT (ALL) Authorize the Execution of Amendment #9 of the Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in an Amount Not to Exceed $124,800.00 for Air Pollution Control Services for the Two -Year Term Starting September 1, 2021 through August 31, 2023, Authorize Cash Match of $61,468.66 the Two -Year Term Starting September 1, 2021 through August 31, 2023, and Adopt the Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment #9 of the intergovernmental cooperative reimbursement contract with the Texas Commission on Environmental Quality (Contract #582-18-80091) in an amount not to exceed $124,800.00 for air pollution control services for the two-year term starting September 1, 2021 through August 31, 2023; 2. Authorize cash match from the City's Environmental Protection Fund of $61,468.66 for the two-year term starting September 1, 2021 through August 31, 2023; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject to receipt of the grant, in the amount of $186,268.66, for the purpose of funding ambient air monitoring operations. DISCUSSION: The City of Fort Worth (City) operates a comprehensive air quality program under four 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 four contracts, partially funded by the State of Texas, specifically supports a portion of a regional ambient air pollution monitoring network. The Texas Commission on Environmental Quality 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 includes daily monitoring of ozone, oxides of nitrogen, carbon monoxide, solar radiation, and meteorological data. Document M&C No. Approval Grant Matching Total Date Amount Funds Initial Contract C-28367 09/12/2017 $206,934.00 $101,922.00 $308,856.00 (FY18/FY19) Amendment #1 (Changes to Scope of Work Only) Amendment #2 (VIN Correction Only) Amendment #3 (FY18 and FY19 Revisions) C-28367 09/12/2017 $0.00 $0.00 $0.00 C-28367 09/12/2017 $0.00 $0.00 $0.00 C-28367 09/12/2017 $0.00 $0.00 $0.00 Amendment #4 M&C 19- 08/20/2019 $206,934.00 $101,922.00 $308,856.00 0042 (FY20/21 Renewal) Document Amendment #5 (90-Day Extension) M&C No. Approval Grant Date Amount M&C 19- 08/20/2019 $0.00 0042 Matching Total Funds $0.00 $0.00 Amendment #6 M&C 19- 08/20/2019 $0.00 $0.00 0042 (Multiple Revisions) Amendment #7 (Revise Special Terms & Conditions) Amendment #8 (Unexecuted) M&C 19- 08/20/2019 $0.00 0042 1 M&C 19- 08/20/2019 0042 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amendment #9 PENDING PENDING $15,600.00 $7,684.00 $23,283.58 (90-Day Extension) This grant covers the operation and maintenance of four Continuous Air Monitoring Stations and requires matching funds of $61,468.66 for the two-year period. The City provides matching funds not to exceed 33 percent from the City's Environmental Protection Fund, 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. Apply indirect costs at the approved percentage rate of 10 percent. CONTAMINANT SITE NAME CAMS # LOCATION DETECTION CYCLE Ozone Continuous CAMS Alta Vista Road, Keller 0017 Solar Radiation Continuous Fort Worth, Texas Met Data Continuous Oxides of Nitrogen Continuous Arlington Municipal CAMS 5504 South Collins Street, Ozone Continuous Airport 0061 Arlington, Texas Solar Radiation Continuous Met Data Continuous Ozone Continuous CAMS 14290 Morris Dido Newark Road, Eagle Mountain Lake 0075 Solar Radiation Continuous Eagle Mountain, Texas SITE NAME CAMS # LOCATION Fort Worth California Parkway North AQS # 48-439-1053 CAMS 1198 California Parkway North, 1053 Fort Worth CONTAMINANT DETECTION Met Data CO Oxides of Nitrogen Met Data CYCLE Continuous Continuous Continuous Continuous 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. This Agreement will serve ALL COUNCIL DISTRICTS. A Form 1295 is not required because: This contract will be with a govemmental entity, state agency or public institution of higher education: TCEQ 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, in the Grants Operating Federal Fund. The Code Compliance Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to making any expenditure, the Code Compliance Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for City Manaaer's Office bv: Valerie Washington 6192 Oriainatina Business Unit Head: Additional Information Contact: Brandon Bennett 6322 David B. Carson 6336 Cody Whittenburg 5455