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HomeMy WebLinkAboutOrdinance 22710-05-2017 ORDINANCE NO.22710-05-2017 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF 535,000.00, FOR THE PURPOSE OF AN INTERGOVERNMENTAL COOPERATIVE REIMBURSEMENT 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 2018 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $35,000.00, for the purpose of an intergovernmental cooperative reimbursement 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. 21457-09-2014 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: Christ& opez-Rey Ids, Oa� aWayyr?�— ADOPTED AND EFFECTIVE: May 9,2017 Ordinance No.22710-05-2017 Page 1 of 1 a � ® a � LU 2 r It- 0 yA _ 0 \ z O c 7 � � 21�yq \ 9 ± §�� * 0 k p LOD�»9&Vnv [ y 0 \ \—HA£ p_e v cn t gco $ g kLL � ~ ƒ LU ° 0 2:1 ` ± _ X ) G ) Fn �� a+0 0 0 0 � _ Nke&mQ / CzLUY ,w @ +Vo+ELE e E �% ± / mRAH 0 &_ @m ƒ w� CD k / \ �\ CD § j < _ / � k \ s @coed-Anp/lignGg+minio ƒ \ aGm+ w \ z a $ 0 5—Ngagm�:9 ƒ \ L \ �* $ { G� § § CZ � /� an v! �� )Nad&»m;» \ LU U \ [�j / � E L) �2 e1g emote m-m»koIE31 � U � § 2 Q / y Q- wBm©N-4d-.o - k4� © « : � � CITY OF FORT WORTH-CAMS TCEQ CON RAce 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 (FY16) $ 35,000.00 Contract Amendment No. 1 (FY17) $ 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 1 Of 12 CITY OF FORT WORTH-CAMS TCEQ CONTRAcr 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 ud ment Station Equipment Type Operating Schedule Keller NO, monitor continuous Eagle Mountain NO,monitor continuous Lake NO,-oxides of nitrogen 2Of12 CITY OF FORT WORTH-CAMS TCEQ CONrRAcr 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 CioNTRAeF 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. O. 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 CONTRAcr NUMBER$82-16-60238 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 5Of12 CITY OF FORT WORTH-CAMS TCEQ CONTRACT 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 NO. . 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 NOx • 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., 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(NOJ, 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. 6 of 12 CTCV OF FORT WORTH-CAMS TCEQ CONTRAcr NUMBER 582-16-60238 AMENDMENT#3 Deliverable Equipment Summary of Tasks and Timeframes Submit to: Audit and NOx e 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. e 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 NOx . 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/cF_i- bin/worksheet_docs.nl. • 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. 7 Of 12 CITY OF FORT WORTH-CAMS TCEQ CONTRACT NUMBER 582-16-60238 AMENDMENT#3 Deliverable Equipment Summary of Tasks and Timeframes Submit to: Data NOX • 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 j 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 NOx • 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 CM OF FORT WORTH-CAMS TCEQ CONTRAcr 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. NOX- 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 25% 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 CONTRACT 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. ® 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 CONTRAcr 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 10% 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 CrrY OF FORT WORTH-CAMS TCEQ CONTRAcr 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: 23 TCEQ NOX CONTRACT AMEND 3 FY 18 Page 1 of 2 :Document M&C No. pproval Date Amount 'Initial Contract C-47243 11/03/2015 F$35,000.00 Amendment No. 1 -27854 _ 08/11/2016 _ $35,000.00 Amendment No. 2 None None ( $0.00 (180- day 0.00 (180- day extension) (Amendment No. 3 JlPencling Pending $35,000.00 [T-otal x$105,000.00 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 _ Fundi Department 4ccoun,� ProjectProgr� ai lWctivity Budget- Reference # moun ID 11 ID Year i (Chartfield 2) FROM Fund Department ! ci�o­uti Project Program ctiiviityli Budget Reference # moun ID ID i Year o (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 FYI Page 2 of 2