HomeMy WebLinkAboutContract 38799-A2 CONTRACT NUMBER 582-10-86405
AMENDMENT NUMBER 2 Grimm`SECRET
C N"t'RACT NQ. �1 a��A The Texas Commission on Environmental Quality (TCEQ), and the City of Fort Worth
hereby agree to amend Contract No. 582-10-86405 to revise the Scope of Work,
update the Contract Costs Budget, extend the term of the contract, and increase the
total compensation possible under the contract to include funding for FY12. This City
of Fort Worth will continue to operate and maintain the whole air samplers.
1. TCEQ and the City of Fort Worth agree that the total compen pible under
this contract is as follows: � r)
The Original Contract Amount $ 410,500.00
Contract Amendment No. 1 $ 367,627.23
Contract Amendment No 2 338 657.00
Total Contract Amount $1,116,784.23
2. The section titled "Scope of Work"is revised to shorten and consolidate deadlines
and exclude certain identifications; it is replaced as shown in Attachment A. The
revised Scope of Work is hereby incorporated in its entirety by Attachment A of
this Amendment.
3. The TCEQ has reviewed and approved the budget submitted by the City of Fort
Worth, including the negotiated indirect rate for the contract period. The Budget
for Actual Cost Reimbursement is hereby included in its entirety by Attachment B
of this Amendment.
4. The Maximum Amount of Contract is increased to $1,116,784.23
5. The Term of Contract is extended to August 31, 2012.
All other condit' �.� `�-4
unchanged. � �� uirements of Contra ��0 '� z-1-0-8-6405 w' remain
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Texas Commission on Environmental Oujfj %..ri Worth
By: a y a
uthorized Signature Authorized Signature
Zak Covar Fernando Costa
Printed name Printed name
Deputy Executive Director Assistant City Manager
Title .1 Title
Date: � ��' ------------ - --- )
i CIAL RECOp RW ---�—�
Contract Number 582-10-86405 CITT SECRETARY
Contract Amendment #2 I T A
1 PO4: 36 I i'� FT. WORTH, Tx R
Attachment A
Scope of Work
A. Facts/Purpose
1. The Texas Commission on Environmental Quality (TCEQ) has a need to
contract for the service to operate and maintain a continuous, whole-air
sampling network in the Fort Worth, Texas area.
2. In general, information about program operations, including locations and
numbers of sites, cities, etc, is considered to be "For Official Use Only"
(FOUO), and-Sensitive but Unclassified (SBU) information. The
PERFORMING PARTY will protect such information in accordance with the
U.S. Department of Homeland Security (DHS) Management Directive
11042.1 and the DHS Program Security Classification Guide (copies of both
documents are attached). As such, the PERFORMING PARTY cannot publish
reports or disseminate data on this program for general public
consumption, unless otherwise approved in writing by the TCEQ Program
Manager.
All PERFORMING PARTY personnel who may have access to SBU or FOUO
information will be required to sign the DHS Non-Disclosure Agreement
Form (DHS Form 11000-6 (08-04) copy attached).
2. The proposed work must be performed in compliance with all applicable
federal and state statutes, regulations, executive orders, Office of
Management and Budget (OMB) circulars, and the terms and conditions
presented herein.
3. The proposed work must also be performed in accordance with currently
applicable Standard Operating Procedures (SOP) developed by DHS
(reference follows), the TCEQ, and the respective instrument
manufacturers. (Ref.• Field SOP-Version 1.2; Date Issued: December 2008).
In the event of conflict in procedural instructions, instructions approved by
DHS shall prevail.
4. Funds provided under this Contract may only be used for the purposes set
forth and relating to the program described below.
B. TCEQ Responsibilities
1. Specific equipment and supplies necessary to perform this service, unless
otherwise noted under
Section C (PERFORMING PARTY Responsibilities) below.
2. Directives, guidance, and technical support consistent with DHS objectives
and guidelines.
C. PERFORMING PARTY Responsibilities
The PERFORMING PARTY shall provide:
Contract Number 582-10-86405
Contract Amendment #2 2
1. The capacity to readily transfer-sensitive information through a secure
means such as the program Portal or password-protected email.
2. Competent personnel who-must meet the following requirements:
a. Have U.S. citizenship;
b. Have successfully passed a background or suitability investigation
consistent with specific guidance from DHS or the local Federal
Bureau of Investigation (FBI);
c. Have no criminal record of felonies; and
d. Have passed an "Initial Display of Analytical Capability (IDAC)" if
involved in the operation of a collector (form provided by TCEQ).
Failure to comply with these personnel requirements may be considered a
material failure to comply with the Contract Terms.
3. Cell phones or other appropriate communications device assigned to all
personnel at all times during assigned working hours and "on-call".
4. Appropriate, readily-available vehicles for providing routine network
operation and maintenance duties as well as timely and applicable activities
associated with responding to an emergency action.
5. All minor equipment or supply components considered either durable (e.g.,
hinges, locks) or consumable/disposable (e.g., fuses, wiring, wipes, gloves)
and that are considered normally available at a local hardware or
electronics store. All purchases are subject to review and purchases
exceeding $1,000 require prior written (email) approval of TCEQ.
D. Qualifications and Experience
Site operators shall have sufficient hands-on experience with the operation
and maintenance of ambient-air particulate samplers/collectors as necessary
to pass the IDAC as required in Article C.2.d. listed above.
E. Description and Schedule of Deliverables
All deliverables must be in accordance with currently applicable guidelines
including the DHS Compendium of Standard Operating Procedures (SOP)
referenced in Article A.3., listed above, and any other guidance established by
DHS, CDC (Centers for Disease Control and Prevention), DHS-designated
national laboratories, or the TCEQ as applicable.
The PERFORMING PARTY shall provide:
1. The collection of air monitoring samples from each active collector, seven
(7) days a week, including, but not limited to, operations, maintenance,
Quality Assurance/Quality Control (QA/QC) , data review, and reporting on
these activities in accordance with currently applicable SOP's.
Contract Number 582-10-86405
Contract Amendment #2 3
2. Delivery of the collected daily samples to the designated analytical
laboratory no later than 10:00 am, unless otherwise approved by TCEQ,
and no later than three (3) hours following the collection of the last daily
sample.
3. Routine filter-holder cleaning, assembly, and maintenance assigned.
4. Assurance that each sample is collected in accordance with the guidelines
specified in the referenced DHS SOP.
5. Exclusive utilization of the Sample Management System (SMS) as provided
by DHS or the DHS designated national laboratory.
6. Completion and storage of all required documentation in accordance with
the guidelines specified in the referenced DHS SOP, including but not
limited to:
a. The required Filter Holder Log Form and chain-of-custody;
b. The creation of biweekly electronic backup files on securely-stored
removable media;
c. The maintenance of each full year's data records in a secure location
for one (1) full year following December 31St of the year in which the
data was generated; and,
d. The subsequent destruction of documents in accordance with
applicable DHS SOPs.
7. An accurate and current record and concatenation (linking) of the unique
identification (ID) numbers of each collector with relevant site location
information and TCEQ notification as soon as reasonably possible, but no
later than twelve (12) hours following any site location information.
8. Assistance to the TCEQ in the identification, construction, or relocation of
new or existing collector sites.
9. Performing Party shall notify TCEQ by telephone, as soon as possible and
no later than 3:00 pm on the day of discovery, following any significant
exceptions to the normal sample-collection routine. TCEQ shall provide a
list of after-hours contact telephone numbers. These exceptions include,
but are not limited to:
a. Collector failures or downtimes regardless of duration;
b. Site start-up or closure (whether seasonal or permanent, planned or
unexpected);
c. Collector relocations (note that approval must be received from the
TCEQ for any relocation of network collectors);
d. Special-event monitoring (i.e., activation of spare collectors) (note
that costs associated with special-event monitoring are not
Contract Number 582-10-86405
Contract Amendment #2 4
reimbursable under this Contract without approval by TCEQ);
e. Any breach of security including tampering, break-in, theft,
defacement, or other suspicious activity;
f. Failure to meet sample delivery or reporting deadlines including
notification of the sample-receiving lab in the event of a missed
delivery deadline or exception that will affect the daily routine of the
lab; or,
g. Any deviation from normal operations or the approved and currently
applicable SOP.
10. Provide a minimum of one (1) representative from the jurisdiction's
environmental field operations to participate in the annual national
workshop.
11. Appropriate training of personnel assigned to operations and the
maintenance of a pool of appropriately trained personnel.
12. The assignment of persons experienced with operations to be readily
available via electronic communications on a 24-hour, 7-day per week,
365-day per year basis.
13. Maintenance of current and accurate information on the DHS-sponsored
internet portal including, but not limited to, changes in:
a. Personnel;
b. Equipment (including active and reserve PSU operational status,
replacements, repairs, etc);
C. Site changes (including site contact info, on-site equipment
reorientation, expected and unexpected site changes that could
affect monitoring, etc); and,
d. Response-readiness capabilities (including staff, equipment, or
Policy changes) previously confirmed with TCEQ.
Changes in the above information must be corrected on the portal as soon
as possible, but no later than 24 hours after planning or becoming aware of
the change (excluding changes also considered to be "exceptions", which
must be reported before 4:00 pm the day of discovery).
14. Written quarterly reports submitted to TCEQ electronically within twenty
(20) days following the end of each calendar quarter and in accordance
with established security procedures that include the following:
a. Identification of the primary Point(s) of Contact (POC) and all staff
conducting operations with notation of any changes from previous
reports (e.g., new hires or turnover);
b. QA information as specified in the currently applicable SOP;
Contract Number 582-10-86405
Contract Amendment #2 5
c. Collector inventory details including number of operable and non-
operable collectors in reserve (i.e., spares); and,
d. Summary of exceptions that occurred within the referenced quarter
and a discussion of efforts made to prevent future exceptions.
15. Invoicing on a quarterly basis accompanied by a detailed breakdown of
expenditures including, but not limited to:
a. Personnel time specifying persons billing under this Contract by
name, position, and cost;
b. Fringe benefits;
c. Travel outside of the normal work routine, including
mileage/transportation (including pre-approved costs for training);
d. Equipment (including pre-approved vehicle purchases);
e. Supplies; and
f. Other relevant expenses (including vehicular fuel and maintenance
costs).
Note that the use of program funds for construction activities is not allowable.
Costs associated with the setup of new or relocated collector sites or
improvements to existing collector sites, subject to prior written approval of
TCEQ, are not generally considered construction activities. All expenses for
which reimbursement will be sought under this contract must be 100%-related
to program or otherwise apportioned according to the percent of the expense
that is program related.
16. Annual inventory of any equipment purchased and/or provided by the
TCEQ having a cost of $5,000 or more per unit, due on September 30
following each year of the Contract. The inventory shall include a
description of the item, serial number, TCEQ inventory number (as
applicable) and purchase amount. See Article 6(e) of the Special Terms
and Conditions.
17. Maintain a level of inter-governmental exchange and situational
awareness through substantial participation in local planning and
training activities including, but not limited to, attendance at local
program-related meetings; participation in local and regional exercises;
maintaining routine communications with TCEQ (including monthly
conference calls); assist TCEQ, upon request, with meeting local and
statewide response-planning objectives including collaboration with
other program jurisdictions to provide equipment and/or personnel
support, and as requested or necessitated by unforeseen events.
F. Acceptance Criteria
If, during any quarter, a 90% efficiency in filter delivery to the laboratory is not met
Contract Number 582-10-86405
Contract Amendment #2 6
(excluding missed deliveries due to acts of God), TCEQ may take actions consistent
with Section 15 of the General Terms and Conditions.
Contract Number 582-10-86405
Contract Amendment #2 7
Attachment B
CONTRACT BUDGET FOR ACTUAL COST REIMBURSEMENT
22. CONTRACT BUDGET
22.1 Budget. Authorized budgeted expenditures for Work Performed are as follows:
nl
icft�'t for Work to be PerforMed
181 846.00
50 172.00 27.59%
X"
$ 4,250.00
.4 19 000.00
t ' 0.00
0.00
0.00
mot, s
1, - 33 551.00
49 838.00
' ► `' 338 657.00
22.2 Indirect Cost Rate.
22.2.1. The indirect cost rate may be a rate that has been determined by a federal
cognizant agency or by a state coordinating agency or may be a rate negotiated and
agreed on by the parties.
22.2.2 Federal and State Agency Rate. The requirements applicable to federal and
state agency rates are contained in Circulars of the federal Office of Management A-87
and Budget and UGMS. Performing Party shall provide TCEQ with documentation of
the federal or state agency determination.
22.2.3. Negotiated Predetermined Final Rate. TCEQ and the Performing Party may
negotiate a predetermined final indirect cost rate for the term of the contract based
on the cost experience and other pertinent facts that are sufficient to enable the
parties to reach an informed judgment (1) as to the probable level of indirect costs in
the Performing Party's programs during the term of the Contract, covered by the
negotiated rate, and (2) the amount allowable under that predetermined rate would
not exceed the indirect costs as determined under the federal or state agency rate.
The negotiated predetermined indirect cost rate for the term of this contract, including
renewals and extensions is final and is not subject to change in the rate or the
amount except as agreed by the parties in written contract amendment. If the
negotiated predetermined final rate is less than the federal or state agency
determined rate, the Performing Party may claim the difference in the resulting
amount as a matching contribution. .
22.2.4. The indirect rate of the Performing Party for this contract is 21.48%
of total Personnel/Salary and Fringe.
22.3 Budget Control and Transfers. Cumulative transfers among the budgeted direct
cost categories must not exceed ten percent (10%) of the current Total Budgeted amount. If
Work Orders are included in this Contract, cumulative transfers among the budgeted direct
cost categories must not exceed ten percent (10%) of the current Total Budgeted amount for
each Work Order.
22.4 Submittal of Payment Requests. Unless otherwise stipulated in the Contract,
payment requests must be submitted on a quarterly intervals. Invoices shall be submitted
within 60 days of the last working day in August for each fiscal year that is to be invoiced,
unless a later time is otherwise approved in writing by TCEQ.
Contract Number 582-10-86405
Contract Amendment #2 8
r 'M&C Review
Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTH
DATE: 7/26/2011 REFERENCE **C-25059 LOG NAME: QUALITY X01
NO.. O
AMDMT NO. 2
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 2 to City Secretary Contract No. 38799 an
Interlocal Agreement with the Texas Commission on Environmental Quality for the
Operation of Local Air Pollution Monitors in the Amount of$338,657.00 for a Total Contract
of$1,116,784.23 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 38799
with the Texas Commission on Environmental Quality extending the contract time through August 31,
2012 and increasing the budget amount from $778,127.23 to $1,116,784.23;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$338,657.00 in Fiscal Year 2011-2012, subject to receipt of an
executed Interlocal Agreement Amendment; and
[ 3. Apply indirect cost at the rate of 21.48 percent in accordance with the terms of the Interlocal
Agreement.
DISCUSSION:
The City will be responsible for retrieving the sampling data, sending it for analysis and performing
regular audit and maintenance activities on the equipment under the terms of this Agreement.
In 2003 the United States Environmental Protection Agency launched a new whole air monitoring
network and designated the Texas Commission on Environmental Quality (TCEQ) as the
administering agency. Since the inception of this new monitoring program, the TCEQ has contracted
with the City for operation and maintenance of the monitoring equipment.
This amendment extends the term of the contract through August 31, 2012, and increases the budget
amount of the contract from $778,127.23 to $1,116,784.23.
This Agreement will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director 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, of the Grants Fund.
TO Fund/Account/C enters FROM Fund/Account/Centers
2 GR7 _5
(VARIOUS1 052412374030 $3M8 657 00
GR76 451543 052412374000 $338,657.00
http://apps-cfwnet.org/council_packet/mc_review.asp?ID=15479&councildate=7/7t'V?ni 1 '7MC/11nI ,
'M&C Review Page 2 of 2
Submitted for City Manager's O.ff_ice by_ Fernando Costa (6122)
Originating Department Head: Douglas Wersig (7801)
Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
20TX COMM ENVIR QUALITY RIO 2010 AMDMT NO. 2 AON.doc
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15479&councildate=7/26/2011 7/25/2011