HomeMy WebLinkAboutOrdinance 22711-05-2017 ORDINANCE NO.22711-05-2017
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $70,000.00,
SUBJECT TO RECEIPT OF AN EXECUTED CONTRACT, FOR THE PURPOSE
OF AN INTERGOVERNMENTAL AGREEMENT WITH THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY; 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 2016-2017 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Grants
Fund in the amount of $70,000.00, subject to receipt of an executed contract for the purpose of an
Intergovernmental Agreement with the Texas Commission on Environmental Quality.
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 No. 22393-09-2016 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said prior ordinances and appropriations are hereby expressly repealed.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:
b1/14 F /
Christa L pez-Reynolds Mary J. t a
Sr.Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: May 9,2017
Ordinance No.22711-05-2017
Page 1 of 1
d �
a`. 04
o y � __
...�.,�Y ti NIVWLU
[�
0 F-
°� in NV ¢LH
_+ O
c J 311HM JH2� pPR� �
Z✓
oLU
a� � d1SIA-Vi-Iv Q
L9
LU OV
y W—H38 yoeag
r+ O l0 m N >
O
0O C d
v ° c '30SL3oAla-
CY
x ,
�-�aCi . IAV� NO1N3aOl0 �80N Z ��NOWaHH m
SANDSHE�L
MS£HI
N w ¢ �¢
U)
w w
x �
J z
Z
U) U
� U
ui
x Q
z �P� 9S6-Qa•W3-punoHj;an18-pNFlOW 3618
O
,ova NHor Z
0
d
z
Oq o
UNOS1LI380a•,131`JbM } _
c�
LU w O
^ du °� bfd1V034 4l0
—SJNIWS•MOIIIM
z w I�jU
d
Q U C
O
m
LH —
m
m 3
E
0
U
8f11O•lb'08-gnl9��eO8
ti
C_ w i-
C! ,o
AJe/naN-op!Q-sliiow
rte W
CITY OF FORT WORTH-CAMS TCEQ CONTRACr NUMBER 582-16-60238
AMENDMENT#3
AMENDMENT NUMBER 3
The Texas Commission on Environmental Quality (TCEQ) and the City of Fort Worth
(City) agree to amend Contract No. 582-16-60238 to extend the term of the contract to
August 31, 2018,by exercising the second of three, one-year,renewal options per Special
Term and Condition item 1 of the contract. In addition, the total compensation possible
under the contract is increased by $35,000.00. The City will continue to operate and
maintain two continuous air monitoring stations (CAMS) in Fort Worth(CAMS 00 17) and
Eagle Mountain Lake (CAMS 0075), Texas.
1. TCEQ and the City agree that the total compensation possible under this contract is
increased as follows:
The Original Contract Amount (FYI 6) $ 35,000.00
Contract Amendment No. 1 (FYI 7) $ 35,000.00
Contract Amendment No. 2 (FY16) $ 0.00
Contract Amendment No. 3 (FY18) $ 35,000.00
The Total Contract Amount $ 105,000.00
2. TCEQ has revised the Scope of Work and included it here as Attachment A.
3. The FY18 Cost Budget is included here as Attachment B.
4. The Term of the Contract is extended to August 31, 2018.
All other conditions and requirements of Contract Number 582-16-60238 remain
unchanged.
Texas Commission on City of Fort Worth
Environmental Quality
By: By:
Authorized Signature Authorized Signature
Ramiro Garcia, Jr.
Printed Name Printed Name
Deputy Director, Office of Compliance
and Enforcement
Title Title
Date Date
1062
CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 582-16-60238
AMENDMENT#3
Attachment A
SCOPE OF WORK
I. FACTS/PURPOSE
The Performing Party will operate and maintain two continuous ambient
monitoring stations (CAMS) in Keller and Eagle Mountain, Texas in accordance
with the effective Texas Commission on Environmental Quality (TCEQ) quality
assurance project plan (QAPP) pertaining to the State or Local Air Monitoring
Stations (SLAMS) network, equipment standard operating procedures (SOPS),
and the Preventive Maintenance Instructions (PMI)Manual. Documentation is
available upon request.
Station locations:
• CAMS 0017 - Keller, Federal Aviation Administration (FAA) site off Alta
Vista Road, Keller, Texas
• CAMS 0075 - Eagle Mountain Lake, 14290 Morris Dido Newark Road,
Eagle Mountain, Texas
Air monitoring stations are subject to relocation. In the event of site relocation,
the Performing Party will be notified 30 days prior to relocation. The Performing
Party will operate similar additional or relocated ambient air monitoring
equipment as needed and as agreed upon by both parties.
Table I.1 lists all equipment and air monitoring stations operated and
maintained under this contract.
Table I.1: E ui ment
Station Equipment Type Operating Schedule
Keller NO,monitor continuous
Eagle Mountain NO.monitor continuous
Lake
oxides of nitrogen
2Of12
CITY OF FORT WORTH-CAMS TCEQ CONTRACr NUMBER 582-16-60238
AMENDMENT#3
II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF
A. Provide all air monitoring equipment, parts, audit equipment, gas standards,
sample media as required, communications equipment, and equipment
related supplies for the proper operation of the air monitoring stations.
B. Provide all electrical and communication accounts necessary for the proper
operation of air monitoring stations.
C. Provide all site maintenance equipment (i.e., lawnmower, edge trimmer).
D. Provide shipping labels upon request for the Performing Party to ship air
monitoring equipment, parts, audit equipment, and equipment related
supplies to the TCEQ.
E. Provide Performing Party staff with individual virtual private network (VPN)
access accounts to check the site status remotely by the TCEQ's internal
status report webpage during the term of the contract.
F. Provide training for equipment operations and other activities designed to
increase technical capabilities required to support this agreement upon
request by the Performing Party.
G. Provide contact information, troubleshooting, and technical support related
to TCEQ air monitoring equipment by phone, email, or on-site visits, during
regular business days between the hours of 8:00 AM and 5:00 PM Central
Standard Time (CST).
H. Conduct annual air monitoring station field audits.
I. Designation of staff
• Lecelle Clarke (512) 239-0664 is the Project Manager and point of contact
for this contract. Additional experienced TCEQ staff will be available in
her absence. Contact information for technical staff is available upon
request.
• Marcia King (512) 239-1766 is the Contract Specialist.
III. PERFORMING PARTY RESPONSIBILITIES
A. Provide at least one primary operator with a minimum of six months
experience with ambient air monitoring equipment and one backup site
operator with similar experience. These site operators must be
electrical/mechanical grade technicians capable of operating and
performing light maintenance on meteorological hardware and electronic
monitoring equipment. Staff must be proficient in the use of digital volt
meters and personal computers. One operator must be present during all
TCEQ assessments or site visits.
B. Designate a Project Representative who receives directions from the TCEQ,
manages the work being performed, and acts on behalf of the Performing
Party as an authorized representative.
C. Operate monitoring equipment according to established applicable SOPS,
PMIS, and QAPPs. This documentation is available upon request.
D. Document all site activities in the electronic operator log before leaving the
site where access to electronic logs is available, and within two business
days where site access to electronic logs is not available.
E. Monitor the site status remotely through the agency's internal status report
webpage using the TCEQ-provided VPN access. Ensure individual VPN
access accounts remain active. If VPN access is lost, it is the Performing
Party's responsibility to alert the TCEQ Project Manager upon discovery.
3Of12
CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 582-16-60238
AMENDMENT#3
VPN access accounts are issued to individuals and must not be shared
amongst Performing Party's staff.
F. Possess and utilize the information, practical knowledge, techniques, and
skills to comply with federal and state air monitoring rules, including those
listed in the effective Code of Federal Regulations.
G. Communicate effectively with TCEQ technical staff to troubleshoot
malfunctioning equipment.
H. Reply in writing to all TCEQ requests by set deadlines.
I. Make travel arrangements and cover expenses for its staff to attend all
requested trainings, demonstrations of competency, and meetings.
J. Maintain and provide as needed: documentation of shipping expenses,
insurance costs (required) whether using the TCEQ account or other, and
any additional information necessary to track equipment or be reimbursed
for the activity.
K. When visiting the TCEQ headquarters, all staff must enter through the front
of the building, check-in with the security guard, and be escorted by TCEQ
staff.
L. Notify the TCEQ Project Manager immediately of any damages due to
accident or vandalism. Provide pictures, police reports, and communications
to provide remedy within 48 hours of discovery. The TCEQ is not responsible
for damages due to negligence of the Performing Party or its subcontractors.
The Performing Party must provide adequate replacement for equipment
that is lost, stolen, or damaged due to negligence by the Performing Party or
any subcontractor.
M. Provide a physical shipping address for replacement equipment, parts, and
supplies in writing with each request.
N. Provide arrangements to convey equipment to and from the site to TCEQ
employees at mutually agreed upon locations for exchange, delivery, or
transfer. The Performing Party is responsible for its own fuel, vehicle, and
any other expenses associated with the requested conveyance.
0. Operate air monitoring equipment in accordance with Table V.1 and ensure
the deliverables listed in Table V.1 are performed adequately and on time.
P. Document completion and submit deliverables in the manner listed in Table
V.1.
Q. Upon request by the TCEQ, provide guided tours of the monitoring sites to
local school districts or governing agencies, not to exceed four hours per
quarter.
R. Promptly respond to site and contractual information requests from the
TCEQ Project Manager.
S. Promptly respond to and comply with verbal and written guidance supplied
by the TCEQ Project Manager and technical support staff.
T. Provide limited logistical support related to relocating or establishing a new
air monitoring site. This may include, but is not limited to, assistance with
locating a new site, providing access to contractors and utility companies for
site construction, and reviewing and documenting site construction
activities.
U. Perform transitional services. Given the nature and importance of the
services requested under this contract, TCEQ must maintain uninterrupted
services. The Performing Party shall provide services as needed to assist in
4Of12
CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 58z-16-60238
AMENDMENT#3
the smooth transition of a replacement contractor. Transitional services
include, but are not limited to:
• the Performing Party will provide one week of training to the replacement
contractor;
• the Performing Party will provide reports, maps, property site contact
information, keys, equipment, and other TCEQ property to any
replacement contractor upon execution of said future contract;
• the Performing Party will report to any replacement contractor any
pending problems being investigated or for which equipment repair is
incomplete;
• upon request by TCEQ, the Performing Party will provide to any
replacement contractor access to site trailers, buildings, utilities, or other
locked areas;
• the Performing Party will notify the TCEQ Project Manager in writing
when the transition of services is complete; and
• at all times, the Performing Party will provide complete cooperation,
courtesy, civility, and professionalism when providing transitional
services and communicating with any replacement contractor staff.
IV. DESCRIPTION OF DELIVERABLES
The Performing Party must operate and maintain the air monitoring stations
listed in Section I according to all effective TCEQ QAPPs, SOPs, and PMIs, as well
as any additional guidance provided by the TCEQ Project Manager to meet
existing, and future, federal air monitoring requirements. TCEQ documents can
be accessed through the TCEQ Rhone page and are also available upon request.
V. SCHEDULE OF DELIVERABLES
The Performing Party must provide the deliverables listed in Table V.1 to the
TCEQ in accordance with the noted timeframes.
Table V.1: Contract Deliverables
Deliverable Equipment Summary of Tasks and Timeframes Submit to:
Data Collection NO, • Collect and monitor continuous ambient LEADS via
air data and operate non-continuous VPN or
samplers according to applicable Standard through the
Operating Procedures (SOPs). on-site data
• Review continuous data in Leading logger
Environmental Analysis and Display
System(LEADS)daily to ensure sampler
function. Document this review in the
electronic operator log on the day it
occurs.
Equipment NO, • Respond to equipment failures or Project
Failure Response malfunctions by visiting the site on the Manager,
same day if feasible, but no later than the TCEQ
next business day. Equipment
• Notify TCEQ in writing within one business Support
day of problem resolution. Workgroup
(ESWG), and
5062
CITY OF FORT WORTH-CAMS TCEQ CONTRACr NUMBER 582-16-60238
AMENDMENT#3
Deliverable Equipment Summary of Tasks and Timeframes Submit to:
• Follow the TCEQ's technical advice and LEADS via
instructions without exception when VPN
troubleshooting equipment.
Equipment NOr • Report equipment failures or malfunctions TCEQ ESWG,
Failure and in writing the same day as discovered. Project
Sample Loss Include symptoms or cause of failure and Manager, and
Report contact information for the Performing LEADS via
Party personnel immediately available to VPN
troubleshoot.
. Report in writing within one business day
if any continuous monitor fails to collect
data for more than 48 consecutive hours
or when two consecutive non-continuous
samples are missed or invalid. Include
reason for data loss and corrective action
plan.
Laboratory NOa • Perform eight LCCs per year, two per Project
Control Check seasonal quarter, approximately 45 days Manager
(LCC) and Report apart per instrument.
. Download a new LCC worksheet from the
TCEQ Rhone page at http://rhone4/cgi-
bin/worksheet_docs.pl for each LCC.
. Enter all LCCs in the electronic operator
log according to the requirements listed in
Section IIID of this contract, identifying
the sampler, and the date of the LCC.
. LCC reports must be independently
reviewed by someone other than the
originator prior to submission to the TCEQ
to ensure accuracy.
. Submit LCC reports within two business
days of LCC completion.
Preventive NO.r, site Execute the following, on any updated LEADS via
Maintenance version posted on the Rhone page: VPN
Instruction (PMI) • 4-014, Analyzer Sample Inlet Particulate
Completion Filter Replacement(NOd, a minimum of
every two weeks;
• 4-360, Ambient Sample Line Replacement,
a minimum of once per year;
• 5-360, Exhaust Scrubber Charcoal
Replacement, a minimum of once per year;
• 9-180, Zero Air Module Charcoal Scrubber
Replacement, a minimum of once every six
months; and
. any future PMIs developed for this
equipment with TCEQ notification.
• Enter the completion of each PMI, and the
date of completion, in the electronic
operator log according to the
requirements listed in Section IIID of this
contract.
6Of12
CITY OF FORT WORTH-CAMS TCEQ CONTRAcr NUMBER 582-16-60238
AMENDMENT#3
Deliverable Equipment Summary of Tasks and Timeframes Submit to:
Audit and NO, • Respond within 24 hours of receiving TCEQ Data
Assessment audit request to acknowledge that the Quality Team
Assistance request was received. and Project
• Submit completed pre-audit Manager
questionnaires by set deadlines.
. Assist TCEQ staff on-site during all TCEQ
audits and assessments.
Site Maintenance site . Maintain site free of vegetation higher LEADS via
than six inches and trash or debris. VPN
. Ensure site remains locked and secure
when staff are not on-site.
• Obtain written approval from TCEQ to
change the site lock or combination.
• Request and maintain vegetation control
equipment from TCEQ.
• Ensure the site meets the siting criteria
outlined in the Code of Federal
Regulations (CFR) Part 58 Appendix E.
• Notify the Project Manager immediately
when site does not meet siting criteria.
Invoice and NO,, • Submit quarterly invoices within 30 days Project
Release of Claims after the end of the fiscal quarter: Manager
Submission o September -November and
■ due December 31 Contract
o December - February Specialist
■ due March 31
o March- May
■ due June 30
o June -August
■ due September 30
. Submit quarterly invoices according the
requirements provided in the TCEQ
Administrative Procedures for Contracted
Operators document. This document can
be found at http://rhone4/c,0-
bin/worksheet_docs.pl.
. Submit completed Release of Claims form
with final Contract invoice.
. Late submittal of invoices will be noted
and documented in the end of the year
evaluation that may determine the
continuation of this contract.
. Invoices must include a detailed
breakdown of all expenditures.
• Any inappropriate expenditure, including
items not related to the project, will result
in the invoice being rejected.
• In the event that an invoice is rejected, the
Performing Party must submit a revised
invoice within 10 business days of
rejection date.
7Of12
CrrY OF FORT WORTH-CAMS TCEQ CONTRACr NUMBER 582-16-60238
AMENDMENT#3
Deliverable Equipment Summary of Tasks and Timeframes Submit to:
Data NO, • Track and submit data completeness Project
Completeness reports within one calendar month after Manager and
Reports close of fiscal quarter. Fiscal quarters are Leads via
defined as: VPN
o September- November
■ due December 31
o December - February
■ due March 31
o March- May
■ due June 30
o June -August
■ due September 30
• Include description of how data
completeness was determined and provide
justification for data loss and corrective
actions taken.
Inventory NO, • Notify the Project Manager within one Project
Management and business day of equipment replacement or Manager
Reports change (including gas cylinders).
• Documents any equipment replacement or
change (including gas cylinders) in the
electronic operator log according to the
requirements listed in Sections III.D of this
contract.
• Return inoperable equipment, with proper
documentation of the problem, to the
TCEQ within three business days of
replacement.
• Upon request, promptly assist the Project
Manager with maintaining inventory
control and with Inventory Management
Database (IMD) data requests.
• Track and submit inventory management
reports within one calendar month after
close of fiscal quarter. Fiscal quarters are
defined as:
o September - November
■ due December 31
o December-February
■ due March 31
o March- May
• due June 30
o June -August
■ due September 30
Demonstration NO, • Ensure all site operators demonstrate Project
of Competency passing DOCs. Manager
(DOC) • Submit completed DOC forms and
supporting documentation to the TCEQ
Project Manager for all equipment and all
current operators within six months after
the effective date of this contract.
8Of12
CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 582-16-60238
AMENDMENT#3
Deliverable Equipment Summary of Tasks and Timeframes Submit to:
• If an operator is hired after the effective
date of this contract, submit completed
DOC form within six months of the
operator's hire date. Ensure the operator
demonstrates a passing DOC.
• Complete all DOCs using Form 1: DOC
Documentation Form, provided in
Attachment C, and submit original forms
to the TCEQ within 10 business days of
completion. Maintain copies of the
completed forms and any supporting
documentation for a minimum of 5 years.
Make this documentation available upon
request.
NO,- oxides of nitrogen
LEADS - Leading Environmental Analysis and Display System
SOP- Standard Operating Procedure
TCEQ-Texas Commission on Environmental Quality
VPN-Virtual Private Network
VI. ACCEPTANCE CRITERIA
The Performing Party is required to provide the TCEQ at least an 85 percent (%)
quarterly data return from all monitors and samplers. If the 85% data return is
not achieved, assignable cause must be identified within a week after each
month end. Assignable causes may include acts of nature (tornadoes,
hurricanes, hail, etc.), vandalism, or circumstances beyond the control of the
Performing Party. Neglect of the site is not an assignable cause. The parties
agree that the following reduction represents a reasonable calculation for
payment in the event that the Performing Party fails to meet the required 85%
quarterly data return. TCEQ may reduce Performing Party's payment for the
fiscal year by up to 2 5% if the required data return is not achieved and there is
no assignable cause. The possible reduction amount (25% of the fiscal year
funds) will be split evenly between each quarter of operation of each monitor.
For example, if this Scope of Work calls for four monitors to be operated for
four quarters each, the possible reduction amount will be split 16 ways. In that
example, for each quarter that a monitor does not achieve the required data
return, TCEQ may deduct up to 1/16 of the possible reduction amount.
Considerations for the reduction of payment will consist of evaluation of the
Performing Party's performance of required operating procedures, quality
control procedures, and effective and timely communication of non-compliance
issues. Non-compliance issues will also require corrective action. This
adjustment is cumulative with all other remedies.
9Of12
CITY OF FORT WORTH-CAMS TCEQ CONTRAcr NUMBER 582-16-60238
AMENDMENT#3
FY18 Cost Budget
Cooperative Reimbursement Contract
for State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
Budget Category Cost for Work to be
Performed
Salary/Wages $ 15,500.00
Fringe Benefits $ 6,185.00
Travel $ 500.00
Supplies $ 4,207.06
Equipment $ 0.00
Contractual $ 0.00
Construction $ 0.00
Other $ 3,950.00
Indirect Costs $ 4,657.94
Total $ 35,000.00
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is
21.48% of(check one):
® salary and fringe benefits
❑ modified total direct costs
❑ other direct costs base
If other direct cost base, identify:
This rate is less than or equal to (check one):
❑ Predetermined Rate—an audited rate that is not subject to adjustment.
Z Negotiated Predetermined Rate—an experienced-based predetermined rate
agreed to by Performing Party and TCEQ. This rate is not subject to adjustment.
❑ Default rate—a standard rate of ten percent of salary/wages may be used in lieu
of determining the actual indirect costs of the service.
3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of
budget total, identify the main constituents:
10 Of 12
CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 582-16-60238
AMENDMENT#3
4. Travel. In order to be reimbursable, travel costs must be specifically authorized in
advance of the travel. Travel costs 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.
5. Budget Categories. The Budget Categories above have the definitions,
requirements and limitations stated in UGMS. Construction costs are not
reimbursable without prior, specific written authorization from TCEQ.
6. Budget Control.
a. Cumulative transfers equal to or less than 10%of the Total Budget.
Performing Party may transfer amounts between the approved direct cost
budget categories so long as cumulative transfers from direct cost budget
categories during the Contract Period do not exceed ten percent (10%) of the
Total Budget amount. Performing Party must timely submit a Budget Revision
Request (BRR) Form reflecting the revised budget. Upon approval by TCEQ the
BRR will be incorporated into this Contract as though it is a document revised
under General Term and Condition Section 1.2. The 10116 limit does not reset
with the approval of each BRR. It resets when an amendment is signed by the
parties reflecting changes to the budget.
b. Cumulative transfers greater than 10%of the Total Budget. TCEQ must pre-
approve in writing all budget revisions that result in the cumulative transfer
from direct cost budget categories of funds greater than 10% of the Total
Budget during the Contract Period. The Performing Party must request to
amend the Contract. A contract amendment is required before Performing Party
incurs these costs.
c. Performing Party may not transfer amounts to budget categories containing
zero dollars without TCEQ pre-approval in writing.
7. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be
submitted to the individual named in TCEQ Project Representatives and Records
Location at monthly intervals. Final invoices shall be submitted within two (2)
calendar months after completing the Scope of Work activities. TCEQ may
unilaterally extend this deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows how the budget
control requirement is being met.
8. Supporting Records. Performing Party shall submit records and documentation to
TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may
reject invoices without appropriate supporting documentation. TCEQ has the right
to request additional documentation such as expenses for the invoice period, year-
to-date expenses, projected totals for the year (or applicable contract period),
percent of budget spent to date, and percentage of budget projected to be spent.
Performing Party shall maintain records subject to the terms of this Contract.
9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the
reimbursable rate entered above. If no reimbursable rate is shown above, indirect
costs are not reimbursable under this Contract. The reimbursable rate must be less
than or equal to the rate authorized under UGMS. To the extent that the
reimbursable rate is lower than Performing Party's actual indirect costs, Performing
11 Of 12
CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 582-16-60238
AMENDMENT#3
Party is contributing its unreimbursed indirect costs to the successful performance
of this Contract, and waives any right it may have to reimbursement of those costs
(if this Contract requires matching funds, Performing Party may claim its
unreimbursed indirect costs as part or all of its match). Performing Party must fund
all unreimbursed indirect costs from other funds. It is the Performing Party's
responsibility to ensure that unreimbursed indirect costs are not charged to other
projects which do no benefit from them, and that it uses funding sources that may
be properly used to fund its unreimbursed costs.
12 Of 12
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/9/2017 - Ordinance No. 22710-05-2017 & 22711-05-2017
DATE: Tuesday, May 9, 2017 REFERENCE NO.: **C-28226
LOG NAME: 23TCEQ NOX CONTRACT AMEND 3 FY18
SUBJECT:
Authorize Execution of Amendment No. 3 to City Secretary Contract No. 47243, an Intergovernmental
Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the Amount
of$70,000.00 for a Total Contract Amount of$105,000.00 for the Operation of Local Air Pollution Monitors,
Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (COUNCIL
DISTRICTS 4 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Execution of Amendment Number 3 to City Secretary Contract Number 47243, an
Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental
Quality in the amount of$70,000.00 for the contract period of September 1, 2017, through August 31,
2018;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$70,000.00 in Fiscal Year 2017, subject to receipt of an executed contract;
and
3. Apply the indirect cost at the rate of 17.616 percent in accordance with the terms of the
Intergovernmental Cooperative Reimbursement Contract.
DISCUSSION:
This Amendment to City Secretary Contract No. 47243 (Initial Contract) will require the City of Fort Worth
(City) to operate two continuous air monitoring stations for the Texas Commission on Environmental
Quality (TCEQ). The first station is located in Fort Worth off of Alta Vista Road (TCEQ Station
Name: Keller C17). The second station is located near Eagle Mountain Lake (TCEQ Station Name: Eagle
Mountain C75). Both stations are equipped with Nitrogen Oxides monitors. 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 Texas Commission on Environmental Quality (TCEQ) provides all 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.
Logname: 23TCEQ NOX CONTRACT AMEND 3 FYI Page 1 of 2
Document iM&C No. Approval Date 'Amount
Initial Contract C-47243 111/03/2015 $35,000.00
[Amendment No. 1 C-27854 08/11/2016 $35,000.00
Amendment No. 2 None [None $0.00 (180-
day extension)
Amendment No. 3 Pending JPending $35,000.00
Total ,$1059000.00
The contract amendment period will be September 1, 2017 through August 31, 2018, with a not to exceed
amount of$35,000.00 for reimbursement of expenses to the City with the option to renew the Initial
Contract for one additional one-year periods upon written consent of the parties by future amendments to
the Initial Contract.
This Agreement will serve COUNCIL DISTRICTS 4 and 7.
This contract will be with a governmental entity, state agency or public institution of higher education:
TCEQ.
FISCAL INFORMATION / CERTIFICATION:
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,
of the Grants Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun Project Program�Actrvity Budget Reference # mount
ID ID Year (Chartfield 2)
FROM _
Fundj Department ccoun Project Program ctivity Budget Reference # mountl
I ID i_ ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by_ Fernando Costa (6122)
Brandon Bennett (6345)
Originating Department Head: Elmer DePaula (7251)
Cody Whittenburg (5545)
Additional Information Contact: Ben Carson (6336)
Logname: 23TCEQ NOX CONTRACT AMEND 3 FY 18 Page 2 of 2