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HomeMy WebLinkAboutContract 38949-A2 (2)CONTRACT NUMBER 582-10-90259 AMENDMENT #2 GH T SECRETARY TO CONTRACT NO, 9�( A LOCAL AIR PROGRAM CONTRACT The Texas Commission on Environmental Quality (TCEQ") and The City of Fort Worth ("PERFORMING PARTY") agree to amend Contract #582-10-90259 to: (1) renew the contract for Fiscal Year 2012 (FY12), (2) increase the contract amount to include funding for FY12, (3) update contact information, and (4) update the Scope of Work. The Contract is amended as follows: 1. The Term of Contract is extended to August 31, 2012. 2. The Maximum TCEQ Obligation is increased by $278,013.00 to $834,039.00. The total compensation possible under this contract is: FY10, Original Contract Amount $278,013.00 FY11, Amendment #1 $278,013.00 FY12, Amendment #2 $2781013.00 Total (Maximum Contract Amount TCEQ Obligation) $834,039.00 3. The TCEQ's PROJECT REPRESENTATIVE information is changed to state: TCEQ PROJECT REPRESENTATIVE TCEQ Project Manager: Faith Melgaard Field Operations Mail Code 174 Support Division Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 Phone: 512-239-0458 OFFiClAL RECORD CITY SECRETARY To WORTH, 7X 4. Articles 3.2 a.nd 4.2.3.3 of the Scope of Work are amended to state: 3.2 Periodic program evaluation meetings. The intention of periodic program evaluations is to ensure ongoing program effectiveness. Evaluations of the PERFORMING PARTY are based on both individual work product evaluations and trends identified through work product evaluations as well as performance under the various activities required under the Agreement. Program evaluation meetings will be held at least quarterly during the course of this Agreement term. The meetings will include at least the TCEQ Regional Representative and TCEQ Regional Air and Waste Section Managers or his/her designee, and the PERFORMING PARTY's representative responsible for day to day program oversight. Standing topics for each meeting should include at least the following topics: • Updates on progress made on the work plans • Updates on program implementation issues, City of Fort worth 08-24-1 1 A9'191 5—FFI Amendment No. 2 Contract No. 582-10-90259 Page 1 of 2 • Work plan development for future years; • Discussions on progress implementing corrective action plans, if any, and; • Discussions related to the various work product evaluations conducted by the TCEQ. If the TCEQ work product evaluations conducted since the previous meeting result in the TCEQ identifying deficiencies or a trend toward unsatisfactory performance, the discussions will include the conditions that contributed to the deficiency or trend. The TCEQ Regional Representative or designee will document the meeting and will provide meeting minutes or a meeting summary to the PERFORMING PARTY's representative within three calendar weeks of the meeting. 4.2.3.3 Stage II -List of All Facilities. The PERFORMING PARTY shall identify and maintain a list identifying those motor vehicle fuel dispensing facilities within the PERFORMING PARTY's territorial jurisdiction where Stage II vapor recovery equipment is required pursuant to the TCEQ rules (30 TAC 115.221 - 115.229 and 115.241 - 115.249). The list of these sources shall be utilized when developing and implementing Work Plans, and therefore should be maintained as the fiscal year progresses, but must be as accurate as possible prior to Work Plan development in any given fiscal year. Stage II -List of Newly Identified or Closed Facilities. A listing of Stage II facilities which were newly identified or which were identified as closed or no longer in business shall be created, updated and maintained by the PERFORMING PARTY. Upon request, this list shall be provided by the PERFORMING PARTY to the TCEQ Regional Representative and include the total number of facilities identified since the beginning of the fiscal year covered by this Agreement. All other conditions and requirements of Contract Number 582-10-90259 remain unchanged. TCEQ: Zak Covar (Printed Name) Deputy Executive Director (Title) , (Date Signed) Attested bye oF�icia�, R�coRo PERFORMING P (Sighature) G' 100/1.;& (PrPnted Name) lk (Title) 7 (Date W Jigned) TY: APPROVED AS TO �i)It� AND LEGALITY: AssistantIty Ate.; ;°y :� :�..�o�tzaci: AuthUrizatiOA AmendmentNo.2 ,W Page 2 of 2 Ili !I Date �M&C Review Page 1 of 2 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas FOR,_ T�TI1 COUNCIL ACTION: Approved on 7/19/2011 -Ordinance No. 19776 REFERENCE ** 20STATE FUNDED GRANT DATE: 7/19/2011 NO : C-25020 LOG NAME: AGMT/ TCEQ COMPLIANCE GRANT FY2012 PUBLIC CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Adopt Appropriation Ordinance for State Funded Grant Agreement with the Texas Commission on Environmental Quality for Fiscal Year 2011-2012 Compliance Monitoring Strategy for Air Quality Program in the Amount of $278,013.00 and Authorize In -Kind Match in the Amount of $136,932.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the use of $136,932.00 from the General Fund as an in -kind match for this amendment; 2. Apply indirect cost of the rate `of 21.48 percent in accordance with the terms of the State Funded Grant Agreement; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in f= the Grants Fund in the amount of $414,945.00 in Fiscal Year 2011-2012. DISCUSSION: Since Fiscal Year 1991-1992, the City has entered into an annual Agreement with the Texas Commission on Environmental Quality (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. On July 14, 2009, City Council (M&C C-23660) authorized the execution of a State Funded Grant Agreement with the Texas Commission on Environmental Quality for Fiscal Year 2009-2010 with a maximum amount of $278,013.00 and an in -kind match requirement of $136,932.00. The initial agreement period began September 1, 2009 and ended August 31, 2010 with the option to renew the agreement for three additional one-year periods upon written consent of the parties by an Amendment to this Agreement. City Secretary Contract Number 38949-A1 was fully executed on August 19, 2010 for the first contract term renewal of September 1, 2010 to August 31, 2011. Appropriation of funds for the first renewal was approved through M&C C-24479 on September 21, 2010. Upon full execution of the second contract amendment, the Agreement will continue from September 1, 2011 through August 31, 2012, with a limit of $278,013.00 for reimbursement of expenses to the City of Fort Worth with the option to renew the Agreement for one additional one- year period upon written consent of the parties by an Amendment to this Agreement. This Agreement requires an additional in -kind match of $136,932.00. 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 Fiscal �'��� Year 2011-2012 will be used for the required in -kind match. This is in ALL COUNCIL DISTRICTS. http://apps. cfwnet. org/council�acket/mc_review. asp?ID=15280&councildate=7/ 19/2011 7/21 /2011 M&C Review Page 2 of 2 �, =V 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 GR76 488279 020412381000 GR76 451543 020412381000 3� GR76 5 (VARIOUS) 020412381050 GR76 517040 020412381060 $136.932.00 $278,013.00 $136.932.00 $136, 932.00 Submitted for Cit Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Fernando Costa (6122) Douglas W. Wiersig (7801) Michael Gange (6569) 20STATE FUNDED TCEQ COMPLIANCE GRNT FY12 A011 Revised.doc http://apps. cfwnet. org/council�acket/mc_review. asp?ID=15280&councildate=7/ 19/2011 7/21 /2011