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HomeMy WebLinkAboutOrdinance 25475-04-2022 Ordinance No. 25475-04-2022 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS OPERATING FEDERAL FUND, SUBJECT TO RECEIPT OF THE GRANT, IN THE AMOUNT OF$80,000.00, FOR THE PURPOSE OF FUNDING ASSISTANCE TO THE CITY OF FORT WORTH LEAD-BASED PAINT HAZARD CONTROL PROGRAM; 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 the receipt of the grant, in the amount of$80,000.00, for the purpose of funding assistance to the City of Fort Worth Lead-Based Paint Hazard Control Program. 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 orjudgment 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 25073-09-2021 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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% / �/�'dd �aAette S.Goodall(Apr 27,2022 13 DT) Assistant City Attorney Jannette S. Goodall City Secretary ADOPTED AND EFFECTIVE:April 26, 2022 City of Fort Worth,Texas Mayor and Council Communication DATE: 04/26/22 M&C FILE NUMBER: M&C 22-0308 LOG NAME: 19LEAD-BASED PAINT HAZARD CONTROL PROGRAM DONATION SUBJECT (ALL)Authorize Acceptance of a Total of$80,000.00 in Donations from Flipnmove Productions,Inc.to the City of Fort Worth Lead-Based Paint Hazard Control Program,Authorize Related Agreements and Commitments with GTO1 Construction Corporation,Certify that Activities are Consistent with the Consolidated Plan,and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of$80,000.00 from Flipnmove Productions, Inc.for the purpose of assisting the City of Fort Worth Lead-Based Paint Hazard Control Program; 2. Authorize the City Manager or his designee to amend or extend agreements and commitments for GTO1 Construction Corporation as may be necessary and appropriate within the scope of the program and in compliance with applicable laws and regulations; 3. Certify that the activities to be funded with the donated funds are consistent with the City's Consolidated Plan and approved budgets;and 4. Adopt the attached ordinance increasing estimated receipts and appropriations in the Grants Operating Federal fund,subject to receipt of the grant,in the amount of$80,000.00,for the purpose of funding assistance to the City of Fort Worth Lead-Based Paint Hazard Control Program. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to accept and appropriate a private contribution of$80,000.00 from Flipnmove Productions,Inc. (Company)to contribute to the City of Fort Worth Lead-Based Paint Hazard Control Program("Lead Safe Program").Flipnmove Productions, Inc.is a television production company,based in Hollywood,Califomia,that produces home improvement shows. The donation is the result of a settlement between the Company and the U.S.Environmental Protection Agency(EPA)whereby the Company agreed to assist in addressing lead hazards in eight(8)housing units inhabited by low to moderate income individuals within Fort Worth city limits. The Company was cited in an EPA action after a contractor failed to use EPA-approved lead-based paint removal techniques,and failed to properly dispose of lead-based paint during the filming of a show. This donation will assist the City's Lead-Safe Program in extending lead-based paint removal services to low-to moderate-income individuals in targeted households built prior to 1978,where children under the age of six either reside or visit for a significant amount of time throughout the year.The City's Lead Safe Program has operated since 2002. As part of the City's commitment to spend the donated funds,the Company requests that the work be completed by September 30,2022,that the work is performed by a lead testing and abatement contractor certified or licensed by the State of Texas,and that the City provide a written report within 30 days of completion of the project that includes details of work completed and ensures that the work is performed in accordance with 40 C.F.R.§745.83.These requests by the Company are in alignment with the City's existing Lead Safe Program and will not result in an increase to program costs or staff time. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. 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 deposited to and available in the Grants Operating Federal Fund as appropriated.The Neighborhood Services Department(and Financial Management Services)is responsible for the collection and deposit of funds due to the City.Prior to expenditures being incurred,the Neighborhood Services Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by- Femando Costa 6122 Originating Business Unit Head: Victor Tumer 8187 Additional Information Contact: Eric Vodicka 7583