HomeMy WebLinkAboutContract 25566STATE OF TEXAS
COUNTY OF TRAMS
Contract Amendment 2
i7 I ,,/RETARY 016
Oi J i Rli''%C,T NO.
Contract No. 582-6-74392
Both parties to Contract No. 582-6-74392, the City of Fort Worth (hereinafter after called
'PERFORMING PARTY' and the Texas Commission on Environmental Quality (TCEQ), agree
to amend said Contract as follows:
1. ARTICLE 2, AGREEMENT TERMS
In accordance with Article 2 AGREEMENT TERMS, the Parties agree to extend the Contract
for an additional period of twelve (12) months. The Expiration Date of the Contract, as
amended, is August 31, 2008.
2. ARTICLE 3, AGREEMENT AMOUNT
By this Amendment, TCEQ and the PERFORMING PARTY agree to add the sum of Two
Hundred and Seventy Eight Thousand, and Thirteen Dollars ($278,013.00) for services
performed in the period of September 1, 2007 through August 31, 2008.
3.1 TCE and PERFORMING PARTY asxee that the maximum amount to be paid
by TCEQ for completion of the work shall not exceed Eight Hundred and Thirty
Thousand and Five Hundred and Seventy Six Dollars ($830,576.00) over the total
Agreement term, as extended by this amendment. This total amount is limited to
the fiscal year expenditures expressed below, unless the parties amend this
amount in accordance with the Agreement Documents.
Original Agreement Amount
FY06 Total
FY07 Total
FY08 Total
Total Agreement Amount as amended
Contract Amendment 2
Page 1
$549,100.00
$274,550.00
$278,013.00
$278,013.00
$830,576.00
Contract No. 582-6-74392
3. Article 3, AGREEMENT AMOUNT, Paragraph 3.2, is amended to read as follows:
3.2. The term 'Local Air Program" is defined as the eligible local air pollution
program conducted by PERFORMING PARTY under Section 382.0622, Texas
Health and Safety Code. The total combined federal and state share of the
funding for the PERFORMING PARTY's Local Air Program (including the state
funds under this Agreement) shall not exceed 67% (sixty-seven percent) of the
PERFORMING PARTY's total cost for the program; with the local share being
based on the local dollars allocated pursuant to maintenance -of -effort
requirements for federal air pollution grants. The PERFORMING PARTY must
provide matching funds such that the combined federal share, derived from
Section 105 funding, and the state share, derived from the current Appropriations
Act (Rider 5), shall not exceed 67%, or the total amount of this contract may be
reduced proportionately so that this condition is met.
GENERAL CONDITIONS OF THE TCEQ STATE FUNDED GRANT AGREEMENT
4. Article 7, Paragraph 7.9 of the General Conditions is hereby amended in its entirety to
read as follows.
7.9 On a quarterly basis, within thirty (30) days after the end of a quarter, the
PERFORMING PARTY shall submit one copy of an itemized invoice in a format
provided by the TCEQ, along with any other documentation deemed necessary by
TCEQ for processing and a properly completed TCEQ PURCHASE VOUCHER,
in order to obtain payment for tasks completed under this Agreement. Completed
request for reimbursement packages should be mailed or delivered to the TCEQ
Local Program Contract Manager identified in paragraph 9.9 of ARTICLE 9 of
this Agreement (related to Notice).
As an attachment to the final FY08 invoice, PERFORMING PARTY shall submit
n actual Budget Expenditures Analysis detailing PERFORMING PARTY's
expenditures, including a breakdown of the Local Air Program matching
requirements (33%) as prescribed by the current Appropriations Act (Rider 5) and
Article 3, Paragraph 3.2, of this Agreement.
Upon submittal of the signed contract amendment #2 for FY08, PERFORMING
PARTY shall provide an estimate of FY08 expenditures including a breakdown
of the Local Air Program matching requirements (33%) as prescribed by the
current Appropriations Act (Rider 5) and Article 3, Paragraph 3.2, of this
Agreement.
Contract Amendment 2
Page 2
Contract No. 582-6-74392
SCOPE OF WORK SECTION
5. The Scope of Work Section, Paragraph 2.9 is hereby amended in its entirety to read as
follows:
2.9 Annual Work Plan Development. Work Plans shall be developed and a
consensus shall be reached on the Work Plan through either a Major or
Minor Amendment to the Agreement by August 1, 2007 for fiscal year
2008.
The developed Work Plan shall be comprised of work consistent with the
direction and intent of the Compliance Monitoring Strategy and the Risk -
based Investigation Strategy for the Air and/or Stage H programs. To the
extent practical, the Work Plan shall be implemented so that one-fourth
(1/4) of the Work Plan activities are completed within each fiscal year
calendar quarter.
6. ad
The Scope of Work Section, Paragraph 4.2.1 is hereby amended in its entirety to reas
follows:
4.2.1 Program: PERFORMING PARTY shall implement and conduct a
program for each task type identified in paragraph 5 of this Scope of Work
section and conduct the relevant activities related to those paragraphs. In
the process of conducting work under this Agreement, the PERFORMING
PARTY shall comply with the requirements of the most recent applicable
version of the following guidance documents and exhibits:
Guidance Documents:
• TCEQ Records Management, Chapter 10. Available at:
• Enforcement Standard Operating Procedures (SOP). Available at:
http://home.tceq.state.tx.us/cgi-bin/internaUenforcement/listofapp.pl
• Comprehensive Compliance and Enforcement Data System
(CCEDS) User Manual. Available at.
http://home.tceq. state.tx.us/intemal/enforeement/cceds/ccedsug.html
• Vapor Recovery Test Procedures Handbook, RG-399, December
2002. Available at:
http://www.tceq.state.tx.us/comm exec/fornis.pubs/pubs/rg/rg-399_203073.pdf
Contract Amendment 2 Contract No. 582-6-74392
Page 3
Contract Amendment 2
Page 4
• Open Records Decision No. 391, dated July 26, 1983
Public Information Request (PIR) - Field Operations Division SOP
(on FODWEB); and TCEQ PIR SOP. Available at:
http://home.tceq.state.tx.us/internal/admin/opp/docs/13-02_opp.pdf
The following documents are available on the Field Operations Web Page
(FODWEB) at httpJ/mscfprd.fod To obtain the document, click on
Search and Links, then click on Search and type in the italicized
description of the document.
• General Description and Guidance for Investigations, September
1, 2006.
• Enforcement Initiation Criteria, rev 10.0.
• Air Program Investigator's Manual, see most recent version.
• FOD SOP Investigation Guidance, Field Operations Division
Standard Operating Procedures rev September 1, 2005.
• Exceptions Report Guidance, rev October 2, 2001.
• Investigation Report Format, "Format for Air Investigations
Reports" Memorandum, November 18, 2004.
• CCEDS and Crystal Guidance. See multiple guidance documents.
• TCEQ Compliance Monitoring Strategy. See most recent version.
• Risk Based Investigation Strategy (RBIs), Air Program Guidance.
• Risk Based Investigation Strategy, Waste Program Guidance.
• Written Exit Interview Implementation Guidance, June, 25, 2004.
• Complain-FODSOP Guidance Document for Field Operations
Division Investigations of Complaints, July 13, 2006.
• PST Investigator Manual, see most recent version.
Contract No. 582-6-74392
• Chapter 116 (NSR Level 1, 2, & 3), Investigation Protocol, July 15,
2000.
• Op -Leaks Forms Package, rev. October 23, 2001.
• Oxygenate and Reid Vapor Pressure Test Methods.
• Investigation Protocol (for Emissions Events), rev. November 22,
2004.
• Permit Compliance Certification (30 TAC Chapter 122
Investigation Protocol), rev. July 15, 2000.
• Maximum Allowable Operating Rates & Requesting a Retest -
"Updated Guidance for Determining Maximum Allowable
Operating Rates and Requesting a Retest" Memorandum, February
21, 2005.
• Revision to the State Implementation Plan (SIP) for the Control of
Ozone Pollution and Stage H Vapor Recovery, rev. March 23,
2005. Available in hard copy.
• Non -Reportable Events Investigations, "Guidance for the Review
of Non -Reportable Emissions Events Records Required Under 30
TAC Chapter 101 (Relating to Emissions Event Reporting and
Record keeping Requirements)" Memorandum, April 6, 2005.
• Permits by Rule, "Authorization for Emissions Under Permit by
Rule, 30 TAC Chapter 106" Memorandum, April 11, 2005.
• Field Citation (Provides guidance and related documents and
forms for the field citation program.)
• (Current FY) Activity Typecodes (Air investigation typecodes and
definitions)
• (Current FY) Waste Workplan Definitions (Investigation typecodes
and definitions)
Exhibits:
• Exhibit
• Exhibit A-22:
Contract Amendment 2
Page 5
Proposed Local Air Program Work Plan
Approved Local Air Program Work Plan and
Pricing Matrix
Contract No. 582-644392
7. The Scope of Work Section, Paragraph 4.2.2a is hereby amended in its entirety to read as
follows:
4.2.2.1 The PERFORMIlNTG PARTY will prepare and submit a detailed proposed
Work Planin the form of Exhibit A-21. When developing the Work Plan
the PERFOR 41NG PARTY shall select the number and type of
investigations consistent with the Compliance Monitoring Strategy and
Risk Based Investigation Strategy of the TCEQ effecting maximum
benefit for air pollution control consistent with TCEQ objectives. Planned
investigations conducted at the same site in successive fiscal years may
only be scheduled for such repeat planned investigations where the
Compliance Monitoring Strategy and Risk Based Investigation Strategy
requires such or after prior approval by the TCEQ.
TCEQ may approve of all or part of the activities proposed in the
submitted Work Plan. Approval will be in the form of a written Notice to
Proceed that will document the portion of the Work Plan that was
approved. Upon approval, PERFORMING PARTY may recover
reimbursable costs for the completion of approved Work Plan activities.
8. The Scope of Work Section, Paragraph 4.2.3 is hereby amended in its entirety to read as
follows:
4.2.3 Maintain Lists of Sources. The Performing party shall develop and
maintain a census of sources subject to recurring planned investigations
resulting from applying the Compliance Monitoring Strategy and Risk
Based Investigation Strategy for the Air and Waste Programs.
9. The Scope of Work Section, Paragraph 4.2.4 is hereby amended in its entirety to read as
follows:
4.2.4 Unless otherwise specifically directed in writing by TCEQ, an
investigation is considered a "complete work task" only after it is an
approved investigation in Comprehensive Compliance Enforcement Data
System (CCEDs). The PERFORMING PARTY shall only invoice
"complete" investigations.
Contract Amendment 2
Page 6
Contract No. 582-6-74392
10. The Scope of Work Section, Paragraph 4.2.50 is hereby incorporated to read as follows:
4020504 Contingent upon Commission
h P RFO PERFORMING
p�TY' the PERFORMING
PARTY and agreement by Work
PARTY shall issue Field Citations on violations detected during any
Plan related investigation for which the performing party is responsible
and for which the field citation program applies.
11. The Scope of Work Section, Paragraph 4.2.10 is hereby incorporated in its entirety to read
as follows:
ith
492.1005 Prior to implementing the Field Citation Program in accordance w
paragraph number 4.2.5.4. of the Scope of Work, the PERFORMING
PARTY shall obtain training related to the TCEQ Field Citation Program.
Contract Amendment 2
Page 7
Contract No. 582-6-74392
All conditions and requirements of Contract 582-6-74392 that are not addressed in Contract
Amendment Number Two shall remain unchanged and are not affected by this Amendment.
Signature:
Printed Name:
Title:
Date:
Printed Name:
Title:
Date:
Assistant Cit
July 20, 2007
Contract Amendment 2
Page 8
Manager
Contract No. 582-6-74392
State Contract Number 582-6-74392
APPROVED AS TO FORM &LEGALITY:
By
Title: Assistant City Attorney
ATTEST:
Fay
Printed Name: Marty Hendrix
Title: City SecretaN
Date: / W�
City of Fort Worth, Texas
COUNCIL ACTION: Approved on 7/17/2007 -Ordinance #17658-07-2007 &Ordinance #17659
07=2007
DATE: Tuesday, July 17, 2007
LOG NAME: 52TCEQ COMP
REFERENCE NO.:
SUBJECT:
Authorize Execution of an Amendment to City Secretary Contract No. 32354 with the Texa:
Commission on Environmental Quality for FY 2007-2008 Local Air Program and Adopt Appropriatior
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an amendment to City Secretary Contract Number 32354 with the
Texas Commission on Environmental Quality (TCEQ) increasing the not to exceed amount of the contract
from $552,563.00 to $830,576.00;
2. Authorize anon -interest bearing inter -fund loan from the Environmental Operating Fund to the Grants
fund in the amount of $)9,503 for interim financing for the grant pending contract execution;
3. Authorize the use of $136,932 from the General Fund as an in -kind match for this amendment;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $278,013.00 in FY 2007-2008, subject to receipt of an executed contract amendment;
5. Adopt the attached appropriation ordinance increasing in -kind in the Grants Fund by $136,932 in FY
2007-2008, subject to receipt of an executed contract amendment; and
6. Apply indirect cost at the most recently approved rate of 21.48 percent for the Environmental
Management Department.
DISCUSSION:
Since FY1991-1992, the City has entered into an annual agreement with the TCEQ for the City to provide
certain air -pollution control services within Fort Worth. The services provided include complaint
investigation, new source review and comment, annual inspections at select major Volatile Organic
Compound (VOC) sources, used car dealership inspections, and Stage II Vapor Recovery System
inspections at area gas stations.
The original Interlocal Agreement provided $549,100 in funding for FY 2005-06 and 2006-07 ($274,550 for
each year). The first amendment to this contract approved by Council on July 18, 2006 (M&C C-21573)
increased funding by $3,463.00. This second amendment increases the funding for FY 2007-2008 by
$278,013.00 to $830,576.00 and requires an additional in -kind match of $136,932. The City must provide
matching funds such that the combined federal and state share of the total funding for the City of Fort Worth
Local Air Program shall not exceed 67 percent. A portion of the Air Quality Section's General Fund Budget
for FY 2006-2007 and FY 2007-2008 will be used for the required in -kind match. The amendment also
reflects minor changes to the General Conditions and Scope of Work Sections of the agreement.
Upon approval and acceptance of the grant, City funds will be expended before receipt of grant funds.
Logname: 60SOUTHWEST Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of grant funds;
and adoption of the appropriation ordinances funds will be available in the current operating budget, a.c
appropriated, of the Grants Fund. Upon execution of the grant contract and receipt of grant funds, the inter=
fund loan of $69,503 will be repaid to the Environmental Operating Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 220103 000412040000 $69,503.00 R103 136076 0000000 $69,503200
3R76 451543 052412040000 $278,013000
3R76 488279 052412040000 $136,932000
3R76 5 $278,013600
(VARIOUS) 052412040050
3R76 517040 052412040060 $136,932600
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Michael Gange (6569)
Logname: 60SOUTHWEST
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