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HomeMy WebLinkAboutOrdinance 27961-09-2025Ordinance No. 27961-09-2025 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANT OPERATING FEDERAL FUND, IN AN AMOUNT UP TO $64,451.21, SUBJECT TO RECEIPT OF THE AGREEMENT, 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 2024- 2025 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grant Operating Federal Fund, in an amount up to $64,451.21, subject to the receipt of the agreement, 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 shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 27107-09-2024 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 ____________________________________ _____________________________ Assistant City Attorney Jannette S. Goodall City Secretary ADOPTED AND EFFECTIVE: September 16, 2025 City of Fort Worth, Mayor and Texas Council Communication DATE: 09/16/25 M&C FILE NUMBER: M&C 25-0882 LOG NAME: 22TCEQ PM 2.5 CONTRACT FY2026 SUBJECT (ALL) Authorize Execution of the Third Amendment to the Texas Commission on Environmental Quality Federally Funded Cooperative Agreement in an Amount Up to $64,451.21 for Ambient Air Monitoring Operations and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of the third amendment to the Texas Commission on Environmental Quality (TCEQ) federally funded cooperative agreement (City Secretary Contract Number 62491), in an amount up to $64,451.21 for a finrelve-month term beginning September 1, 2025, and expiring August 31, 2026 for ambient air monitoring operations; 2. Apply an indirect cost rate of 10.00 percent (10%), an estimate amount up to $4,000.00, in accordance with the terms of the Texas Commission on Environmental Quality (TCEQ) federally funded cooperative agreement; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Operating Federal Fund, in an amount up to $64,451.21, subject to the receipt of the agreement, for the purpose of funding ambient air monitoring operations. DISCUSSION: The City of Fort Worth (City) operates a comprehensive air quality program with the Texas Commission on Environmental Quality (TCEQ), under three separate, but related contracts. This local air program benefits the City by ensuring that facilities are in compliance with air quality regulations and by supporting data collection for air pollutants. Among the three contracts, this contract is fully-funded by the U.S Environmental Protection Agency (US EPA) through its Section 103 Grant Program, administered by the TCEQ. EPA Section 103 Grant Funds have been received annually by the City for the Air Pollution Control Program in cooperation with TCEQ to maintain and operate various ambient air monitoring stations. This contract specifically supports a portion of a regional, regulatory ambient air pollution monitoring network. This includes daily monitoring of oxides of nitrogen and particulate matter. Upon approval, this Agreement will continue to support City of Fort Worth operations for local Continuous Air Monitoring Stations. Activities include air pollutant monitoring, calibration, operation, and regular audit and maintenance activities for equipment under the terms of the contract. The TCEQ provides all air monitoring equipment and supplies for the operation of the air monitoring sites. The contract period will be September 1, 2025, through August 31, 2026, with a maximum amount up to $64,451.21 for reimbursement of expenses to the City. DOCUMENT M8�C No. APPROVAL AGREEMENT TOTAL DATE AMOUNT Initial Contract (FY23) M&C 22-0507 06/28/22 $64,451.21 $64,451.21 Amendment 1(FY24) M&C 23-0485 06/13/23 $64,451.21 $64,451.21 Amendment 2(FY25) M&C 24-0589 06/25/24 $64,451.21 $64,451.21 Amendment 3 (FY26) PENDING PENDING $64,451.21 $64,451.21 TOTAL: $257,804.84 This agreement covers the operation and maintenance of four Continuous Air Monitoring Stations as follows: STATION ADDRESS EQUIPMENT Eagle Mountain Lake 14290 Morris Dido Newark 1 Nitrogen Oxides Monitor Road California Parkway North 1198 California Parkway North 2 PM 2.5 Monitors Haws Athletic Center 600 Congress Street 1 PM 2.5 Monitor Keller 10218 Alta Vista Road 1 Nitrogen Oxides Monitor This agreement partially funds four authorized positions in the Environmental Services Department for air quality monitoring. Salary and Fringe, for a portion of four full time employees, will be funded in an estimated amount up to $60,451.21. Indirect costs will be recovered under this agreement at a rate of 10%, an estimated amount up to $4,000.00. Position Authorized Positions (AP) Environmental Supervisor 0.08 Senior Environmental Specialist 0.01 Senior Environmental Specialist 0.05 Environmental Specialist 0.38 TOTAL: 0.52 If these funds become unavailable, the Environmental Services Department would determine a transition plan to identify additional funding sources such as Environmental Protection Fund (EPF) or suspend the program.. No City funds will be expended before the contract is approved. Upon approval and acceptance of the agreement and execution of the contract, City funds will be expended before receipt of funds. No matching funds are required. There is no grant application repository number, as the Environmental Services Department does not apply for these funds. Funding is based on the Contract befinreen the City and TCEQ to operate the air quality monitoring program as stated above. 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 Environmental Services 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 Environmental Services Department has the responsibility to validate the availability of funds. This is a reimbursement agreement. Submitted for City Manager's Office b� Valerie Washington 6199 Originating Business Unit Head: Cody Whittenburg 5455 Additional Information Contact: Wyndie Turpen 6982 Julianne Ragland 7251