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HomeMy WebLinkAboutContract 62485-A1CITY SECRETARY CONTRACT NO. 62485-A1 TCEQ Contract No.: 582-23-40126 Amendment No.1 Texas Commission on Environmental Quality Contract No. 582-23-40126 Amendment Number 1 In accordance with General Term and Condition Article 1.2, Amendments, Texas Commission on Environmental Quality (TCEQ) and the City of Fort Worth (Performing Party) agree to amend Contract No. 582-23-40126 (Contract) as follows: 1. This amendment modifies the Special Terms and Conditions Article 3 Each request for payment must show the cumulative amount of match provided by the PERFORMING PARTY for the fiscal year. The final request for payment must show that the 33% local match has been provided, calculated based on the Total Program Cost. If the monthly requests for payment do not reflect that the 33% local match has been provided, PERFORMING PARTY shall provide the amount of the match shortage and a statement each month acknowledging that it anticipates meeting the 33% local match requirement by the time the final request for payment is submitted. 2. Scope of Work Article 1.4 now reads as follows: 1.4 Contract's Cost Budget. Within 30 days of the start of each fiscal year, the PERFORMING PARTY shall provide a completed Cost Budget form found in Attachment F to this Agreement. The Cost Budget must reflect the Total Program Cost, including the PERFORMING PARTY's matching funds and TCEQ's obligation for the year. 1. The PERFORMING PARTY is permitted to make adjustments to the budget within the approved Cost Budget to meet any unanticipated requirements and may make limited program changes to the approved budget. For any proposed changes to the budget, the PERFORMING PARTY shall submit, in writing and for approval, a Budget Revision Request as found in Attachment C prior to encumbering the expense. Changes resulting in the need for additional funding, or any cumulative transfers among direct cost categories that exceed or are expected to exceed the total costs for the current year's budget by ten percent (10%), will require an amendment to the current contract and Cost Budget form. 2. Requests for Payment. Monthly, the PERFORMING PARTY shall submit requests for payment to the TCEQ Requests for reimbursement must be submitted within 30 days from the last day of the month. The PERFORMING PARTY shall submit the final August request for reimbursement within 60 days of the end of the month. 3. This amendment modifies the Scope of Work Article 1.5 Financial Status Report. Within 30 days of the last day of the month, each request for payment must be accompanied by a monthly Financial Status Report (FSR). The FSR form is Attachment A to this Agreement. The approved budget column of the FSR will come from the Cost Budget. OFFICIAL RECORD CITY SECRETARY Page 1 of 2 FT. WORTH, TX TCEQ Contract No.: 582-23-40126 Amendment No.1 The PERFORMING PARTY will indicate the Match Amount of the FSR. The FSR includes on a separate line, the total amount that is being matched by the PERFORMING PARTY. The PERFORMING PARTY shall submit the final FSR within 60 days of the August monthly invoice for each fiscal year. With each FSR, the PERFORMING PARTY shall submit a list of property purchased wholly or partially with funds from this Agreement and having a unit acquisition cost of $ 5,000 or more. This requirement for a final FSR is in addition to the FSR required to be submitted with each invoice. The FSR Form Instructions are in Attachment A of the Contract Documents. The requirements of this Section shall survive the termination of this Agreement. 4. The total compensation possible under the Contract is increased as follows: The Original Contract Amount $1,626,165.00 Contract Amendment No. 1 (FY23- No Cost Amendment) $0.00 The Total Contract Amount $1,626,165.00 Performing Party will continue to conduct air pollution control services performed in accordance with the Texas Health and Safety Code § 382.0622. All other conditions and requirements of Contract Number 582-23-40126 remain unchanged. TCEQ By: Au or ed Signature 8/7/23 Andv Gardner Printed Name Deputy Director Title Date APPROVED AS TO FORM AND LEGAU it M. Kevin Anders, I I (Dec 19, 2024 09:54 CST) Assistant City Attornerr City of Fort Worth By: Valerie Washington (Aug 1, 2023 09:02 CDT) Authorized Signature Valerie Washington Printed Name Assistant City Manager Title AU g 1, 2023 OFFICIAL RECORD Date CITY SECRETARY FT. WORTH, TX ATTEST: 4 �oRr X By: Jannette Goodall City Secretary Rp¢ Page 2 of 2 Contract Compliance Manager: By signing this document, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Anthony Williams NAME SIGs Environmental Supervisor TITLE ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature City of Fort Worth, Texas Mayor and Council Communication DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0579 LOG NAME: 23TCEQ FY2023 AIR QUALITY COMPLIANCE INVESTIGATIONS GRANT SUBJECT (ALL) Authorize Execution of a Texas Commission on Environmental Quality Federally Funded Grant Agreement for the Purpose of Performing Air Quality Compliance Inspections and Investigations within the City of Fort Worth in an Amount Not to Exceed $1,626,165.00 for a Five -Year Period Beginning September 1, 2022, Authorize Acceptance of the Grant, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of the Texas Commission on Environmental Quality federally -funded grant agreement for the purpose of performing air quality compliance inspections and investigations within the City of Fort Worth in an amount not to exceed $1,626,165.00 for the five-year period beginning September 1, 2022 through August 31, 2027; 2. Apply an indirect cost rate of up to 10.00 percent in accordance with the terms of the Texas Commission on Environmental Quality grant agreement; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund, subject to receipt of the grant, in the amount of $2,427,115.00 for the purpose of funding air quality compliance inspections and investigations. DISCUSSION: The City of Fort Worth 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 facilities are in compliance with air quality regulations and by supporting reliable data collection for air pollutants. Of the four contracts, this contract is partially funded by the United States Environmental Protection Agency and the TCEQ, with matching funds required of the City of Fort Worth. The grant specifically supports air quality compliance investigations and inspections performed within the City of Fort Worth jurisdictional boundaries. Since Fiscal Year 1991, the City of Fort Worth has entered into annual cooperative agreements with the TCEQ for the City to perform the aforementioned investigations and inspections within the City of Fort Worth. The services provided include: complaint investigation; air permit review and comment; annual investigation of major air pollutant sources; biennial/triennial investigation of gasoline dispensing facilities; and recurrent investigation of all other TCEQ-permitted and regulated air pollutant emission sources. The City must provide matching funds of $800,950.00 (33%) beginning in Fiscal Year 2023 and consisting of five equal, annual installments of $160,190.00 out of the Environmental Protection Fund operating budget. Funding for the first installment of the cash match has been built into the FY2023 Environmental Protection Fund operating budget through the budget development process. The cash match will also be built into the upcoming FY2024-FY2027 Environmental Protection Fund operating budgets for the remaining four installments through the budget development process. DOCUMENT M&C No. Approval Grant Amount Date Initial Contract PENDING PENDING $1,626,165.00 Cash Match Amount Total $800,950.00 $2,427,115.00 TOTAL: $2,427,115.00 Indirect costs will be applied at a rate up to 10.00 percent in accordance with the terms of the TCEQ grant agreement. This project is located in ALL COUNCIL DISTRICTS. A Form 1295 is not required because: This contract will be with a governmental 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 an expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for Citv Manaaer's Office by Valerie Washington 6199 Oriainatina Business Unit Head Additional Information Contact: Brandon Bennett 6322 David B. Carson 6336 Cody Whittenburg 5454