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HomeMy WebLinkAboutContract 42227 CITY SECRETARY CONTRACT NO. 4 a-d� Texas Commission on Environmental Quality Intergovernmental Cooperative Reimbursement Contract with Federal, State and Local Governments and Agencies CONTRACT SIGNATURE PAGE Contract Name Fort Worth Ozone Air Monitoring Contract Number 582-12-10034 Performing Party City of Fort Worth Performing Party Identification Number 17560005286 Maximum TCEQ Obligation:$60,000.00 Effective Date:9/1/2011 or Date of last Expiration Date:8/31/2012 signature,whichever is later. The Texas Commission on Environmental Quality(TCEQ), an agency of the State of Texas, and the named Performing Party, a governmental body, agency, or political subdivision of: the United States, the State of Texas, or another State, enter this agreement(Contract)to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas, including,the Interagency Cooperation Act,the Interlocal Cooperation Act, and Texas Water Code§§5.124 and 5.229. The Parties agree:to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing Party; as authorized by the TCEQ,the Performing Party will conduct Contract Activities as part of its own authorized governmental functions and the TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards and this Contract; the Performing Party is not a vendor of goods and services under Texas Government Code Chapter 2251, therefore, no interest is applicable; and the Contract may be terminated by the TCEQ for its own convenience with 10 days'written notice. Parties to the Contract: Texas Commission on (Performing Party) Environmental Quality (TCEQ) By (Authorized Signature) Pffa.�.rZ_ Prin mefAL David W. Bower, P.G. Fernando Costa CITY SE RETARY Title FT. WORTH, TX Director, Field Operations Support Assistant City Manager Division Date of Signature: SAO/// Procurement and Contracts L (IJ "!) Representative t Printed Name LaTresa Stroud, CTPM =a.4r. A,,rhorizatioz Date �~ AtteStW by. �,�� "t,011110004�'1h ,��-..,...._...-..,.�.., n r () ^ APPROVED As TO,70Rht AND LEGALITY: U \ j Marty Hendrix, G S�en�t�► �� 4, V� �0_, fi of 20 Approved Version: February 17,2011 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 Intergovernmental Cooperative Reimbursement Contract CONTRACT DOCUMENTS The Contract between the TCEQ and the Performing Party is composed of the Contract Documents listed on this page and marked by an 'X" Documents on this list include all amendments. The terms "Contract"and "Grant Agreement" include all the Contract Documents. In the event of a conflict of terms, the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All Contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules, and regulations. X Contract Signature Page X Special Terms and Conditions Federal Section (Including Federal Conditions and Completed Forms) Documents Created during the Contract: Work Orders/Proposal for Grant Activities. For umbrella contracts/grants, the following order takes precedence, with the most important first; all of which are subject to control by the latest amendment: Work Order/ Proposal for Grant Activities Notice to Proceed/ Notice to Commence TCEQ Approved Work Plan/Grant Activity Description X Contract Activities("Scope of Work") TCEQ Approved Work Plan/ Performing Party Proposal Work Order Section X General Terms and Conditions X Contract Budget/Schedule of Fixed Cost for Reimbursement X Project Representatives and Records Location X Attachment A—Financial Status Report Form X Attachment B—Release of Claims Form Attachment C Attachment D 2 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 Texas Commission on Environmental Quality Intergovernmental Cooperative Reimbursement Contract with Federal, State and Local Governments and Agencies CONTRACT ACTIVITIES I. Facts/Purpose This contract is for the service of operation and maintenance of three (3) continuous air monitoring stations (CAMS), two located in Tarrant County, and a third in Parker County. All three stations will be equipped with an ozone monitor and a meteorological tower to monitor for wind speed, wind direction, and temperature. The Performing Party will adopt and perform all duties as specified in the TCEQ Quality Assurance Project Plan (QAPP)for Air Monitoring in Texas for State and Local Air Monitoring Station (SLAMS)/Border, Particulate Matter of 2.5 Microns and Smaller(PM2.5) and Photochemical Assessment Monitoring Station (PAMS) Programs and all applicable Standard Operating Procedures (SOP) and Preventive Maintenance Instructions(PMI)for the specified instruments. The TCEQ QAPP for the SLAMS/Border, PM2.5 and PAMS Programs can be read at http://www.tceg.texas.gov/airquaIity/monops/biq_gapp.html. II. TCEQ Responsibilities 1. Provide all equipment and supplies as necessary to perform operation, maintenance, and troubleshooting of air monitoring equipment at the station. 2. Provide documentation for operation, maintenance, and troubleshooting of air monitoring equipment at the station. 3. Provide instrument audits. On an ongoing basis, the TCEQ may audit monitors operated by the Performing Party. Such audits are expected to be announced and access to the monitors and the associated measurement data are expected to be coordinated with the Performing Party's staff. At least one (1) audit per year should be expected. More frequent audits may occur if significant or persistent data quality issues occur. 4. Provide data validation and data management functions. 5. Maintain ownership of all equipment. III. Performing Party Responsibilities 1. Adopt and perform all duties according to the current TCEQ Quality Assurance Project Plans (QAPPs). The Performing Party will be required to sign an acknowledgment form attesting to its adoption of the TCEQ QAPPs. 2. Make routine visits to the site to check on systems operation and perform preventive maintenance at least once every two weeks. Document all activities in the electronic log or hard copy log if no electronic log is available. Document all activities in the electronic log at the site. 3. Every business day check the Leading Environmental Analysis and Display System (LEADS) network status report on-line and investigate any warnings and/or failures from LEADS or any other source. Investigation must be same-day if possible or at least on the next business day, as the warning and/or failure and must include a site visit and email update on the situation to the TCEQ Project Manager. 4. Contact the TCEQ Project Manager or her designee before any instrument adjustments are made to minimize possible instrument failure. 5. Provide appropriate response within a timely manner not to exceed two (2) business days to TCEQ staff requests regarding the air monitoring station operation, maintenance, and data validation issues. 6. The Project Representative is the person authorized to receive directions from the TCEQ. The Project Representative must be knowledgeable in the planning, content, and subject matter being addressed in 3 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 this monitoring program. The Representative must possess decision making ability and authority. 7. Provide phone, fax, email, pager, and physical address of all project representatives and operators. Must provide updates when information changes. 8. Provide competent personnel with cell phone, and automobile to provide this on-site service. 9. In the case where an equipment failure requires a site visit, the Performing Party agrees to make the visit on the same day, if possible, or at least on the next business day in order to minimize data loss. 10. Provide a quarterly report for any TCEQ fiscal year quarter in which the data completeness for the air monitoring station is less than 85% or includes more than 120 hours of continuous data loss_including the cause of the loss. The report must be submitted within 30 days after the end of the quarter. 11. May be required to provide travel to go from the site to Austin to swap out broken equipment, pick up supplies for this service, and/or attend training in Austin. 12. The Performing Party shall ensure that its staff is adequately trained and qualified in order to perform designated tasks. The Performing Party staff is required to attend TCEQ provided training, workshops, and/or other activities designed to increase technical capabilities required to support this Agreement. It is the responsibility of the Performing Party to identify and obtain any necessary safety training. The Performing Party staff must have a thorough understanding of ambient air monitoring for operation of an ozone monitor and a meteorological tower to monitor for wind speed, wind direction, and ambient temperature and at least 6 months of hands on experience for same. 13. Maintain sites where the Sampler is located in a neat and orderly fashion. IV. Description of Deliverables 1. Item 1 - Ozone continuous sampler or equivalent: Operation, maintenance, and QA/QC, per SOPs from the TCEQ including FOSTAT-008 and PMI 4, 5, 9. 2. Item 2—Operation and maintenance of Dasibi, Series 5008 Programmable Multi-Gas Calibrator(Model 5008) or equivalent including FOSTAT-011 and PMI-10. 3. Item 3-Meteorological equipment including wind speed, wind direction, and temperature: Operation, maintenance, and QA/QC, as per the SOPs including FOSTAT-025, FOSTAT-029 and PMI 26. 4. Item 4—Maintenance of site and trailer including PMI 1, 3, & 7. V. Schedule of Deliverables 1. The continuous monitors must be visited at least once every two weeks. All activities must be documented in the site log on the same day as they are completed. 2. The quality control reports including laboratory control checks must be conducted twice every calendar quarter approximately 45 days apart and must be submitted to the project TCEQ QA/QC officer designated by the TCEQ Project Manager within 2 business days after the quality control check is completed. 3. Submit quarterly report of any data loss greater than 15% or more than 120 continuous hours by the 15tH of the month following the TCEQ fiscal year quarter. VI. Acceptance Criteria 85% or greater data return per quarter or payment may be adjusted except for acts of God or uncontrollable circumstances outside of the Performing Party's control, as determined by the TCEQ. 4of20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 SPECIAL TERMS AND CONDITIONS These Special Terms and Conditions add to, or in the case of conflicts, supersede and take precedence over the General Terms and Conditions set forth in this Contract. 1. Like Items/Services.The TCEQ may substitute like items or services, and/or add additional site locations during the term of the Contract including any renewals and/or extensions. 5 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 GENERAL TERMS AND CONDITIONS 1. CONTRACT PERIOD 1.1 Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Signature Page of this Contract(Contract Period). If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2 Renewal and Extension Period. The Contract may be extended by notice of the TCEQ beyond expiration of a Contract Period for up to 90 days (Extension Period) during which the parties may agree on a written amendment to extend the Contract for a longer period. Renewals and extensions do not extend any other deadlines or due dates other than the expiration of the Contract Period. 1.2.1 This Contract is not subject to competitive procurement or grant regulations, and may be amended for Renewal as needed. 2. DEFINITIONS 2.1 "Include."The word "include" and all forms such as"including" mean "including but not limited to" in the contract and in documents issued in accordance with the contract, such as Work Orders (or Proposals for Grant Activities). 3. AUTHORIZATION The Performing Party must obtain a written Notice to Proceed from the TCEQ Contract Manager to start activities. Any performance of the activities prior to the Notice to Proceed is not reimbursable. At its option, the TCEQ may issue a limited Notice to Proceed to authorize reimbursement for a portion of the activities. 4. FUNDS 4.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. 4.1.1 The Performing Party will ensure that Article 4.1 is included in any subcontract it awards. 4.2 Amount Limits on Funds. The maximum reimbursement is shown on the Contract Signature Page. 4.3 Grants. If this Contract was entered under the TCEQ authority to award grants, the TCEQ is providing financial assistance to the recipient to undertake its own project. 5. ALLOWABLE COSTS 5.1 Conforming Activities. The TCEQ will reimburse the Performing Party for Allowable Costs incurred and paid by the Performing Party in performance of conforming Contract Activities. Allowable Costs are those costs for conforming Contract Activities that are reasonable, necessary, actual, and authorized by this Contract and a Notice to Proceed. Contract Activities must be authorized in writing to be eligible for reimbursement. 5.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and additional state and federal rules and law. The text of UGMS is available online at the Governor's Website. (The link as of September 28, 2010 is http://www.governor.state.tx.us/files/state- grants/UGMS062004.doc.) The parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply when federal funds are included in the reimbursement. 6. REIMBURSEMENT 6.1 Reimbursement Request Deadline. The Performing Party shall submit all requests for payment to the TCEQ prior to July 15 of the second fiscal year following the fiscal year for which the appropriation is made 6 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 6.2 Reimbursement Requests. The Performing Party shall invoice the TCEQ to request reimbursement for its Allowable Costs for performing the Contract Activities. The Performing Party's invoice shall conform to the TCEQ's reimbursement requirements. 6.3 Travel, Other Costs. Travel costs must be specifically authorized in advance of the travel. Travel costs, including per diem, will be reimbursed only in the amount of actual costs, up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. 6.4 Supporting Records. The Performing Party shall submit records and documentation to the TCEQ as appropriate for the review and approval of reimbursing costs. At a minimum, the Performing Party shall submit supporting records with its invoices. The TCEQ may reject invoices without appropriate supporting documentation. The TCEQ has the right to request additional documentation. The Performing Party shall maintain records subject to the terms of this Contract. 6.5 Conditional Payments. Reimbursements are conditioned on the Contract Activities being performed in compliance with the Contract. The Performing Party shall return payment to the TCEQ for either overpayment or activities undertaken that are not compliant with the Contract Activities. This does not limit or waive any other TCEQ remedy. 7. FINANCIAL RECORDS,ACCESS AND AUDITS 7.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The Performing Party shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. 7.2 Financial Records. The Performing Party shall establish and maintain financial records including records of costs of the Contract Activities in accordance with generally accepted accounting practices. Upon request the Performing Party shall submit records in support of reimbursement requests. The Performing Party shall allow access during business hours to its financial records by the TCEQ and other state agencies for the purpose of inspection and audit. Records shall be maintained for a minimum of three years beyond the expiration or earlier termination of this Contract, and three years after the end of any litigation or claims process, including appeals. 8. INDIRECT COST RATE 8.1 Authority for Indirect Cost Rates. The Performing Party shall comply with OMB Circular A-87 and the Uniform Grant Management Standards (UGMS) relating to Indirect Cost Rates. In the event an audit changes the indirect cost rate, the Performing Party agrees to waive additional indirect costs, or in the alternative, contribute the difference between the contract indirect rate and audited indirect rate. 8.2 Indirect Cost Rate of Contract Activities. The cost of services provided to the TCEQ by another agency may include allowable direct costs of the service plus a pro rata share of indirect costs, if authorized by the budget. A standard indirect cost allowance equal to 10% of the direct salary and wage cost of the activity may be used in lieu of determining the actual indirect costs of the activity. 9. AMENDMENTS Changes to the Contract are only effective by a written amendment, signed and agreed to by the Parties. 10. CONTRACT INTERPRETATION 10.1 Interpretation of Time. All days are calendar days, unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday, or a state or federal holiday, it is omitted from the computation. 7 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 10.2 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 10.3 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 11. PERFORMING PARTY'S RESPONSIBILITIES 11.1 Performing Party's Responsibility for the Contract Activities. The Performing Party undertakes performance of the Contract Activities as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent, employee or vendor of goods or services. The Performing Party agrees that the Contract Activities are furnished and performed at the Performing Party's sole risk as to the means, methods, design, processes, procedures and performance of the Contract Activities. 11.2 Independent Contractor. Nothing in this Contract shall create an employee-employer relationship between the Performing Party and the TCEQ. Nothing in this Contract shall create a joint venture between the TCEQ and the Performing Party. The parties agree that the Performing Party is an independent contractor. 11.3 Performing Party's Responsibility for Subcontractors. All acts and omissions of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Contract Activities under a direct or indirect contract with the Performing Party shall be considered to be the acts and omissions of the Performing Party. 11.4 No Third Party Beneficiary. The TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between the TCEQ and any of the Performing Party's subcontractors, suppliers or other persons or organizations with a contractual relationship with the Performing Party. 12. RESERVED 13. CONFLICT OF INTEREST The Performing Party shall timely notify the TCEQ in writing of any actual, apparent, or potential conflict of interest regarding the Performing Party or any related entity or individual. No entity or individual with any actual, apparent, or potential conflict of interest shall take part in the performance of any portion of the Contract Activities, nor have access to information regarding any portion of the Contract Activities. The Performing Party agrees that the TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination for cause. 8 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 14. INTELLECTUAL PROPERTY 14.1 Third Party Intellectual Property. Unless specifically waived, the Performing Party must obtain all Intellectual Property licenses expressly required in the Scope of Work, or incident to the use or possession of the intellectual property. The Performing Party shall obtain and furnish to the TCEQ: documentation on the use of such Intellectual Property, and a perpetual, irrevocable, enterprise-wide license to reproduce, publish, otherwise use, or modify such Intellectual Property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such Intellectual Property for the TCEQ non-commercial purposes, and other purposes of the State of Texas. 14.2 Grant of License. The Performing Party grants to the TCEQ a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, modify or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into the Contract Activities, intellectual property created under this Contract, and associated user documentation. 15. TIME DELAYS 15.1 Time is of the Essence. The Performing Party's timely performance is a material term of this Contract. 15.2 Delays. Where the Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ, the TCEQ may withhold or suspend reimbursement, terminate the Contract, or enforce any of its other rights. 16. TERMINATION 16.1 Termination for Cause. The TCEQ may, upon 10 days'written notice and the opportunity to cure, terminate this Contract for cause if the Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming Contract Activities, existence of a conflict of interest, failure to provide evidence of required insurance coverage and failure to comply with HUB requirements in law or this Contract. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 16.2 Termination for Convenience. The TCEQ may, upon 10 days'written notice, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of the TCEQ or the Performing Party. The Performing Party may request reimbursement for: conforming Contract Activities and timely, reasonable costs directly attributable to termination. The Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. 16.3 If, after termination for cause by the TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of the TCEQ. 17. INSURANCE AND INDEMNIFICATION 17.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 9 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 17.2 Indemnification.TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF THE PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND THE PERFORMING PARTY AND THEIR OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS CONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM A DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF THE TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT THE TCEQ. THIS COVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 18. DISPUTES, CLAIMS AND REMEDIES 18.1 Payment not a Release. Neither payment by the TCEQ nor any other act or omission other than an explicit written release constitutes a release of the Performing Party from liability under this Contract. 18.2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this contract. In the event of the Performing Party's nonconformance, the TCEQ may do one or more of the following: 18.2.1 Issue notice of nonconforming performance; 18.2.2 Reject nonconforming performance and request corrections without charge to the TCEQ; 18.2.3 Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 18.2.4 Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; 18.2.5 Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 18.2.6 Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 18.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 18.4 Cumulative Remedies. Rights and remedies in this Contract are in addition to, and are not in any way a limitation of, any rights and remedies available under state and federal rules, regulations, and laws and at common law. 19. Sovereign Immunity The parties agree that this Contract does not waive sovereign immunity relating to suit, liability, or payment of damages. 20. MISCELLANEOUS 20.1 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by the Performing Party will be binding on the TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 20.2 Venue. The Performing Party agrees that the Contract is being performed in Travis County, Texas, because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 10 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 20.3 Publication. The Performing Party agrees to notify the TCEQ five days prior to the publication or advertisement of information related this Contract. The Performing Party agrees not to use the TCEQ logo or a TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 20.4 Waiver. With the exception of an express, written document signed with authority by the TCEQ, no act or omission will constitute a waiver or release of the Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 20.5 The TCEQ relies on the Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 20.6 Survival of Obligations. Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four years beyond the termination or completion of the Contract, or after the end of a proceeding which was brought under the Contract, or if the TCEQ has notified the Performing Party of an on-going proceeding. A proceeding includes any litigation, legal proceeding, permit application, State Office of Administrative Hearings proceeding, or similar activity listed in a TCEQ notice to the Performing Party. 20.7 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 20.8 Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 20.9 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 11 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 21. PROJECT REPRESENTATIVES AND RECORDS LOCATION 21.1 TCEQ Project Representative. The individual named below is the TCEQ Project Representative, who is authorized to give and receive communications and directions on behalf of the TCEQ. All communications including all payment requests must be addressed to the TCEQ Project Representative or his or her designee. Kristin Bourdon Telephone No.: (512)239-0883 Proiect Manager 165 Facsimile No.: (512)239-1605 (Title) (Mail Code) Texas Commission on Environmental Quality P.O.Box 13087 Austin,Texas 78711-3087 21.2 Performing Party Project Representative. The individual named below is the Performing Party Project Representative, who is authorized to give and receive communications and directions on behalf of the Performing Party. All communications to the Performing Party will be addressed to the Performing Party Project Representative or his or her designee. For Technical Matters: T.C.Michael Telephone No.: (817)392-5455 (Name) Environmental Program Manager Facsimile No.: (817)392-6359 (Title) 1000 Throckmorton Street (Mailing Address) Fort Worth Texas 76102-6311 (City) (State) (Zip Code) For Contractual Matters: Zenaida DeBarr Telephone No.: (817)392-8327 (Name) Senior Accountant Facsimile No.: (817)392-2514 (Title) 1000 Throckmorton Street (Mailing Address) Fort Worth Texas 76102-6311 (City) (State) (Zip Code) 21.3 Submittal of Payment Requests. Payment requests must be submitted to (whichever is checked): X the TCEQ Project Representative. the TCEQ Disbursements Section. (if neither box is checked, payment requests must be submitted to the TCEQ Project Representative). 21.4 Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this contract: Michael Kazda Telephone No.: (817)392-8136 (Name) Environmental Program Supervisor Facsimile No.: (817)392-6359 (Title) 908 Monroe Street (Mailing Address) Fort Worth Texas 76102-6311 (City) (State) (Zip Code) 12 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 CONTRACT BUDGET FOR ACTUAL COST REIMBURSEMENT 22. CONTRACT BUDGET 22.1 Budget. Authorized budgeted expenditures for Work Performed are as follows: 00: �t�m Cost.tolr Work to be Perfamtacl y t' ScinnBl%Sal $ 37,162.03 Ft1n e. riets=x' $ 11,981.04 gavel=. r f . $ 0.00 au ' lies $ 181.00 . orit. $ 0.00 ;; cintiwagtal $ 0.00 Cdnscn , 3ff $ 0.00-1 $ 120.00 niiref,C�sts. $ 10,555.93 $60,000.00 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. The Performing Party shall provide the TCEQ with documentation of the federal or state agency determination. 22.2.3. Negotiated Predetermined Final Rate. The 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 Personnel/Salary/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 at least quarterly. 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 the TCEQ. 13 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 Attachment A Financial Status Report 1. STATE AGENCY ORGANIZATION UNIT TO WHICH REPORT IS SUBMITTED: 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE) : 5. TCEQ CONTRACT NUMBER: 6. FINAL YES NO REPORT: 7. ACCOUNTIN CASH ACCRUAL G BASIS: 8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT: O FROM O 10. BUDGET Approved Project Cost Cumulative Balance** CATEGORIES: Bud et This Report Project Cost a.Personnel/Salary b.Fringe Benefits c.Travel d.Supplies e.Equipment f.Contractual g.Construction h.Other i.Total Direct Costs Sum a-h j.lndirect Costs k.Total (Sum of i&j) List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories. Please attach receipts, as required, in accordance with Attachment B of our contract. "Negative balances in any of the budget categories should be explained in a brief accompanying narrative. 11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award document. Signature of Authorized Certifying Official �yped or Printed Name and Title elephone (Area code, number and ext.) Date Submitted ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS 14 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 EQUIPMENT PURCHASES (during this reportperiod) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description COST COST provided forapproval) TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form jr-69a CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR(NAME) FOR COST(THIS PERIOD) TASKS TOTAL CONTRACTUAL EXPENDITURES (must agree with line 1 O on Form 269a) *LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. 15 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE COST(THIS PERIOD) TASKS IF 7- -1E I IL -IF IF --7 1 1 IF- IF 7F- IF I[ E TOTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 269a) $ "LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. 16 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for approval) COST COST �OTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 269a) is OTHER EXPENDITURES (during this report period) NUMBER DESCRIPTION UNIT TOTAL TASKS PURCHASED COST COST TOTAL OTHER EXPENDITURES (must agree with line 10h on Form 269a) $ 'LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. 17 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS PERSONNEL/SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS PERIOD OTAL PERSON NEUSALARY EXPENDITURES (must agree with line 10a on Form 269a) TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST(THIS PERIOD TASKS TOTAL TRAVEL EXPENDITURES (must agree with line 10c on $ Form 269a * SUBSTANTIATING DOCUMENTATION (time sheets,travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM 18 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 Financial Status Report Preparation Instructions 1. The Performing Party, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a completed,legible TCEQ Financial Status Report(TCEQ Form 269a)and any required TCEQ Supplemental 269a forms. Unless directed otherwise in the Contract,the Performing Party shall submit such payment request documents by not later than twenty- one(21)days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters(September-November;December-February,March-May;June-August). Each Financial Status Report shall indicate, for each budget sub-category the Performing Party's project expenditures for the period in question, the cumulative expenditures with respect to each budget sub-category, and the balance remaining in each budget sub-category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the"Equipment"or"Contractual"categories of the Contracts Cost Budget shall be itemized by the Performing Party on Supplemental Form 269a-1 and identified with respect to the majortasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition,the Performing Party shall attach,for each reimbursable cost listed on Supplemental Form 269a-1,legible documentation that(1)serves to further identify the specific piece of equipment received or the services provided,(2)clearly identifies the vendor or subcontractor who provided the equipment or services,and(3)that confirms the reimbursable amount listed on the form. In the case of equipment purchases, the attached documentation shall be either a purchase order marked "received/paid" or a vendor-submitted invoice similarly marked. In the case of subcontractor provided services,the documentation shall consist of a dated invoice that shows the amount billed to the Performing Party and any"past due"amount from previous invoices. 3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the Contracts Cost Budget shall be itemized by the Performing Party on Supplemental Form 269a-2 and identified with respect to the majortasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition,the Performing Party shall attach,for each reimbursable cost listed on Supplemental Form 269a-2,legible documentation that(1)serves to further identify the specific cost,(2)clearly identifies the vendor or subcontractor who provided the construction related materials or services,and (3) that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked "received/paid" or an invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the amount billed to the Performing Party and any"past due"amount from previous invoices. 4. All requests for the reimbursement of expenditures that fall within either the"Supply"or"Other"categories of the Contracts Cost Budget shall be itemized by the Performing Party on Supplemental Form 269a-3 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, for any single-listed item or service costing more than$500,the Performing Party shall attach,for each reimbursable cost listed on Supplemental Form 269a- 3, legible documentation that (1) serves to further identify the specific items or services, (2) clearly identifies the vendor or subcontractor who provided the items or services, and (3)that confirms the reimbursable amount listed on the form. Although issued purchase orders and/or invoices marked"received/paid"represent the preferred types of documentation for purposes of this section,the Performing Party may substitute/attach other records or documents that provide the same type of information. The Performing Party shall not intentionally break up single orders of identical or similar items,materials or supplies simply forthe purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 5. All requests for reimbursement of expenditures that fall within either the"Personnel/Salary"or"Travel"categories of the Contracts Cost Budget shall be itemized by the Performing Party on Supplemental Form 269a-4 and identified with respect to the major tasks or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 269a-4 with respect to reported"Personnel/Salary"expenditures in orderto receive reimbursement,the Performing Party is expected to maintain signed time sheets that can serve to verify the total,overall hours of staff time being directly billed to this Contract. With respect to employee travel,all costs listed on Form 269a-4 must be supported by attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable costs. Documentation,for the purpose of substantiating travel-related costs,includes the following:(1)legible copies of the Performing Party-approved travel vouchers, signed by the employees who traveled, and (2) for any travel-related expenses under this contract borne directly by the Performing Party(and thus for which reimbursement by the Performing Party to the traveler was not required)separate receipts showing, at a minimum,the traveler's name, the travel location, and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective,the Performing Party need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. 19 of 20 Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034 Attachment B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Release of Claims hereby releases the Texas Commission on Environmental Quality (TCEQ), its officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ Contract Number. Further certifies that all subcontractors, suppliers, employees and any party which has performed or provided service for this contract has been paid in full and satisfied. All services and tasks required to be completed under the referenced contract have been completed. Prompt payment, therefore, of any and all funds which may have been "retained" by TCEQ in accordance with said contract is requested. Executed on this day of , 20_. By: (signature) (name, typed or printed) (title) 20 of 20 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT` j�ORT11 DATE: 8/23/2011 REFERENCE NO.: "'C-25113 LOG NAME: 20TCEQ OZONE CONTRACT FY11-12 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Intergovernmental Cooperative Reimbursement Contract in the Amount of$60,000.00 with the Texas Commission on Environmental Quality for the Operation of Ozone Monitoring Stations, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: . 1. Authorize the City Manager to execute an Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality at a maximum amount of$60,000.00 for the contract period September 1, 2011 through August 31, 2012; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$60,000.00 in Fiscal Year 2011-2012, subject to receipt of an executed contract; and 3. Apply indirect cost at the rate of 21.48 percent in accordance with the terms of the Am Intergovernmental Cooperative Reimbursement Contract. DISCUSSION: The Transportation and Public Works Department, Environmental Services Division operates and maintains three continuous air monitoring stations for the Texas Commission on Environmental Quality (TCEQ). One station is located in the Keller area, another is near Annetta in Parker County and the third is located in the northwest corner of Tarrant County. All three stations are equipped with an ozone monitor and a meteorological tower to monitor wind speed, wind direction and temperature. These monitors are part of the state initiative for Environmental Monitoring for Public Access and Community Tracking of ozone air pollution in the Fort Worth/Dallas area. The TCEQ provides all the air monitoring equipment, parts and supplies for the proper operation of the air monitoring stations and is contracting with the City of Fort Worth for the operation and maintenance of these monitoring stations. The City will be responsible for retrieving the sampling data, sending it for analysis and performing regular audit and maintenance activities on the equipment. There is no local match required under this contract. This term of the contract is September 1, 2011 through August 31, 2012 with a not to exceed amount of $60,000.00 for the contract. Air monitoring stations support community tracking of ozone air pollution in 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/Centers FROM Fund/Account/Centers http://apps.cfwnet.org/council_packet/mc review.asp?ID=15735&councildate=8/23/2011 8/22/2011 M&C Review Page 2 of 2 2 G_1- R7_6 5_ $60,000.00 (SARIOUS) 020412209010 2) GR76 451543 020412209000 $60,000.00 Submitted for Ci. Manager's Office b- Fernando Costa (6122) Originating Department Head: Douglas Wersig (7801) Additional Information Contact: Michael Gange (6569) ATTACHMENTS 20TCEQ OZONE CONTRACT FYI 11 12_AON.d_oc http://apps.cfwnet.org/council_packet/mc—review.asp'?ID=I 5735&councildate=8/23/201 1 8/22/2011