HomeMy WebLinkAboutContract 37447STATE OF TEXAS
COUNTY OF TRAVIS
Contract Amendment 3
CO ITRAC NC Y��`t�t�
Contract ilNO. 582-6-74392
Both parties to Contract No.582-6-74392, the City of Fort Worth (hereinafter called PERFORMNG
PARTY) and the Texas Commission on Environmental Quality (TCEQ), agree to amend said
Contract as follows.
1. ARTICLE 2, AGREEMENT TERMS
In accordance with Article 2 AGREEMENT TERMS, the Parties agree to extend the Contract for an
additional period of twelve (12) months. The Expiration Date of the Contract, as amended, is
August 31, 2009.
2. ARTICLE 3, AGREEMENT AMOUNT
By this Amendment, TCEQ and the PERFORMING PARTY agree to add the sum of Two Hundred
and Seventy Eight Thousand, and Thirteen Dollars ($278,013.00) for services performed in the
period of September 1, 2008 through August 31, 2009.
3.1 TCEQ and PERFORMING PARTY agree that the maximum amount to be paid by
TCEQ for completion of the work shall not exceed One Million One Hundred and
Eight Thousand Five Hundred Eighty Nine Dollars ($1,108,589.00) over the total
Agreement term, as extended by this amendment. This total amount is limited to the
fiscal year expenditures expressed below, unless the parties amend this amount in
accordance with the Agreement Documents.
Original Agreement Amount $ 549,100.00
FY06 Total $ 274,550.00
FY07 Total $ 2743550800
FY07Increase $ 3,463.00
FY08 Total $ 278,013.00
FY09 Total $ 2785013.00
Total Agreement Amount as amended $15108,589.00 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract No, 582-6-74392 Contract Amendment 3
Page 1 of 7
3. Article 9, MISCELLANEOUS, Paragraph 9.9, is amended to read as follows:
9.9 TCEQ Project Representative:
Printed name: Donna Canady
Field Operations Support Division, MC 174
Texas Commission on Environmental Quality
P. O. Box 13087
Austin, Texas 78711-3087
TCEQ Project Manager:
Printed name: Cathy Remmert
Field Operations Support Division, MC 174
Texas Commission on Environmental Quality
P. O. Box 13087
Austin, Texas 78711 -3 087
TCEQ Project Field Representative:
Printed Name: Tony Walker
Title: Regional Director
Texas Commission on Environmental Quality
Dallas -Fort Worth Regional Office
2309 Gravel Drive
Fort Worth, TX 76118-6951
Email: twalker@tceq.state.tx.us
Phone: (817) 588-5800
Fax (Administration): (817) 588-5700
O�r�lCIAL RECORQ
CITY SECRETARY
FT, WORTH, TX
Contract No. 582-6-74392 Contract Amendment 3
Page 2 of 7
GENERAL CONDITIONS OF THE TCEQ STATE FUNDED GRANT AGREEMENT
4. Article 7, Paragraph 7.9 of the General Conditions is hereby amended in its entirety to read as
follows:
7.9 On a quarterly basis, within thirty (30) days after the end of a quarter, the
PERFORMING PARTY shall submit one copy of an itemized invoice in a format
provided by the TCEQ, along with any other documentation deemed necessary by
TCEQ for processing and a properly completed TCEQ PURCHASE VOUCHER, in
order to obtain payment for tasks completed under this Agreement. Completed
request for reimbursement packages should be mailed or delivered to the TCEQ
Project Representative identified in Paragraph 9.9 of Article 9 of this Agreement
(related to Notice).
SCOPE OF WORK SECTION
5. The Scope of Work Section, Paragraph 2.9 is hereby amended in its entirety to read as follows:
2.9 Annual Work Plan Development. Work Plans shall be developed and a
consensus shall be reached on the FY09 Work Plan by August 1, 2008 for
fiscal year 2009.
The developed Work Plan shall be comprised of work consistent with the
direction and intent of the Compliance Monitoring Strategy and the Risk -
based Investigation Strategy for the Air and/or Stage II programs. To the
extent practical, the Work Plan shall be implemented so that one-fourth (1/4)
of the Work Plan activities are completed within each fiscal year calendar
quarter.
6. The Scope of Work Section, Paragraph 4.2.1 is hereby amended in its entirety to read as
follows:
4.2.1 Program: PERFORMING PARTY shall implement and conduct a program
for each task type identified in paragraph 5 of this Scope of Work section and
conduct the relevant activities related to those paragraphs. In the process of
conducting work under this Agreement, the PERFORMING PARTY shall, at
a minimum, comply with the requirements of the most recent applicable
version of the following guidance documents and exhibits:
Contract No. 582-6-74392 ����p �����,,c�eyid�m f
WORTH, TX
Guidance Documents:
• TCEQ Records Management, Chapter 10. Available at:
http://home.tceq.state.tx.us/internal/adniin/it/recordsmgtnt/recordsmanual.html
• Enforcement Standard Operating Procedures (SOP). Available at:
http://home.tceq. state.tx.us/cgi-bin/intemal/enforcement/listofapp.pl
• Comprehensive Compliance and Enforcement Data System (COEDS)
User Manual. Available at:
http://home.tceq. state.tx.us/internal/enforcement/cceds/ccedsug.html
• Vapor Recovery Test Procedures Handbook, RG-399, December
2002. Available at:
http://www.tceq.state.tx.us/files/rg-399.pdf 4233010.pdf
• Open Records Decision No. 391, dated July 26, 1983
Public Information Request (PIR) -Field Operations Division SOP
(on FODWEB); and TCEQ PIR SOP. Available at:
http://home.tceq.state.tx.us/intemaYadmin/opp/does/13-02 opp.pdf
The following documents are available on the Field Operations Web Page
(FODWEB) at http://mscfprd.fod To obtain the document, click on Search
and Links, then click on Search and type in the italicized description of the
document:
• General Description and Guidance for Investigations, September 1,
2006.
• Enforcement Initiation Criteria, rev 11.
• Investigator's Manual (Air Program), February 7, 2008.
• FOD SOP Investigation Guidance, Field Operations Division
Standard Operating Procedures rev. March 15, 2008.
• Exceptions Report Guidance, rev. October 2, 2001.
OFFICIAL RECORD
CIT'�' SECRETARY
FT. WORTH �'�(
Contract No. 582-6-74392 ContrAc mendment 3
�age4of7
i
Contract No. 582-6-74392
• Investigation Report Format, "Format for Air Investigations Reports"
Memorandum, November 18, 2004.
• CCEDS and Crystal Guidance. See multiple guidance documents.
• TCEQ Compliance Monitoring Strategy. See most recent version.
• Risk Based Investigation Strategy (RBIs), Air Program Guidance.
• Risk Based Investigation Strategy, Waste Program Guidance.
• Written Exit Interview Implementation Guidance, June, 25, 2004.
• Complaints-FODSOP Guidance Document for Field Operations
Division Investigations of Complaints, March 15, 2008.
• PST Investigator Manual, March 20, 2008.
• Chapter 116 (NSR Level 1, 2, & 3), Investigation Protocol, July 15,
2000.
• Op -Leaks Forms Package, rev. October 23, 2001.
• Oxygenate and Reid Vapor Pressure Test Methods.
• Investigation Protocol (for Emissions Events), rev. November 22,
2004.
• Permit Compliance Certification (30 TAC Chapter 122 Investigation
Protocol), rev. July 15, 2000.
• Maximum Allowable Operating Rates & Requesting a Retest -
"Updated Guidance for Determining Maximum Allowable Operating
Rates and Requesting a Retest" Memorandum, February 21, 2005.
• Revision to the State Implementation Plan (SIP) for the Control of
Ozone Pollution and Stage II Vapor Recovery, rev. March 23, 2005.
Available in hard copy.
OFFICIAL RECORD
CITY SECRETARY
FT. WOW A 'aae ant
7
Contract No. 582-6-74392
• Non Reportable Events Investigations, "Guidance for the Review of
Non -Reportable Emissions Events Records Required Under 30 TAC
Chapter 101 (Relating to Emissions Event Reporting and Record
keeping Requirements)" Memorandum, April 6, 2005.
• Permits by Rule, "Authorization for Emissions Under Permit byRule,
30 TAC Chapter 106" Memorandum, April 11, 2005.
• Field Citation (Provides guidance and related documents and forms
for the field citation program.)
• (Current FY) Activity Typecodes (Air investigation typecodes and
definitions)
• (Current FY) Waste Workplan Definitions (Investigation typecodes
and definitions)
Exhibits:
• Exhibit A-21: Proposed Local Air Program Work Plan and Pricing
Matrix
OFFICIAL �?ECORD
CITY S([E'j�CppR��ETARY
F re W ohtraHAX&dm nt 3
�. a aae 6 of 7
All conditions and requirements of Contract 582-6-/4390 that are not addressed in Contract
Amendment 3 shall remain unchanged and are not affected by this Amendment.
Texas Commission quV1-!Jnv onmental QualiLjq (TCEQ)
Signature:
Printed Name: Carlos Rubinstein
Title:
Date:
The City
Signature:
Printed Name:
Title:
Deputy Executive Director
Y /7 Idi
Charles W. Daniels
Assistant City Manager
Date:. Og�O�08
Contract No. 582-6-74392
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Amendment 3
Page 7 of 7
APPROVED AS TO FORM &LEGALITY:
I ftle: Assistant City Attorney
ATTEST:
Printed Name: Marty Hendrix
Title: City Secretary
Date:
Texas Commission on Environmental Quality
Contract 582-6-74392
O�ir=1�►���.�CDRD
CITY SEf;RETARY
T. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/29/2008 - Ord. No. 18204-07-2008 & 18205-07-2008
DATE: Tuesday, July 29, 2008
LOG NAME: 52TCEQ COMP#3
REFERENCE NO.: **C-22945
SUBJECT:
Authorize Execution of Amendment No. 3 to City Secretary Contract No. 32354 with the Texas
Commission on Environmental Quality for FY 2008-2009 Local Air Program, Authorize Inter -Fund
Loan and In -Kind Match and Adopt Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Amendment No. 3 to City Secretary Contract No. 32354 with the
Texas Commission on Environmental Quality (TCEQ) extending the contract time through August 31, 2009,
and increasing the not4o-exceed amount from $830,576.00 to $1,108,589.00;
2. Authorize anon -interest bearing inter -fund loan from the Environmental Operating Fund to the Grant
Fund in the amount of $69,503.00 for interim financing for this grant, pending contract execution, to secure
program continuation from one grant funding period to the next;
3. Authorize the use of $136,932.00 from the General Fund as an in -kind match for this amendment;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $278,013.00 in FY 2008-2009, subject to receipt of an executed contract
amendment;
5. Adopt the attached appropriation ordinance increasing in -kind in the Grants Fund by $136,932.00 in FY
2008-20091 subject to receipt of an executed contract amendment; and
6. Apply indirect cost at the most recently approved rate of 21.48 percent for the Environmental
Management Department.
DISCUSSION:
Since FY 1991-1992, the City has entered into an annual agreement with the TCEQ for the City to provide
certain air -pollution control services within Fort Worth. The services provided include complaint
investigation, new source review and comment, annual inspections at select major Volatile Organic
Compound (VOC) sources, used car dealership inspections, and Stage II Vapor Recovery System
inspections at area gas stations.
The original Interlocal Agreement provided $549,100.00 in funding for FY 2005-2006 and 2006-2007
($274,550.00 for each year). The first amendment to this contract approved by Council on July 18, 2006,
(M&C C-21573) increased funding by $3,463.00. The second amendment increased the funding for FY
2007-2008 by $278,013.00 to $830,576.00 and required an additional in -kind match of $136,932.00. This
third amendment increases the funding for FY 2008-2009 by $278,013.00 to $1,108,589.00 and requires an
additional in -kind match of $136,932.00. The City must provide matching funds such that the combined
Logname: 52TCEQ_COMP#3 Page 1 of 2
federal and state share of the total funding for the City of Fort Worth Local Air Program shall not exceed 67
percent. A portion of the Air Quality Section's General Fund Budget for FY 2006-2007, FY 2007-2008 and
FY 2008-2009 will be used for the required in -kind match.
The amendment also reflects minor changes to the General Conditions and Scope of Work Sections of the
agreement regarding the submission of invoices; the annual work plan and task requirements.
Upon approval and acceptance of the grant, City funds will be expended before receipt of grant funds.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of grant funds,
and adoption of the attached appropriation ordinances, funds will be available in the current operating
budget, as appropriated, of the Grant Fund. Funds will be reimbursed by grantor after expenditures are
made. Upon execution of the grant contract and receipt of grant funds, the inter -fund loan of $69,503 will be
repaid to the Environmental Operating Fund.
TO Fund/Account/Centers
2) GR76 220103 000412040000
3) GR76 488279 052412040000
4) GR76 451543 052412040000
4) GR76 5
jVARIOUS) 052412040070
5) GR76 517040 052412040080
FROM Fund/Account/Centers
$69,503.00 2) R103 136076 0000000
$136,932.00
$278,013.00
$136,932.00
submitted for City Manager's Office bv: Charles Daniels (6183)
Orig iinating Department Bead: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
$69,503.00
Logname: 52TCEQ_COMP#3 Page 2 of 2