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CONTRACT NUMBER 5$2E43-30017
AMENDMENT # 1
• ("TCEQ") and the City of Fort Worth
n on Environmental Quality ( Q the Scope of
The Texas Commission „ amend Contract # 552-13-30017 to revise p
("PERFORMING PARTY ), agree to first of two one-year renewal options
( Contract Cost budget, exercise the
update the increase the contract funding amount for
Work, p August 31, 2014, and to
renewing the contract through as follows:
Fiscal Year 2014. The Contract is amended 1. The Maximum TCEQ Obligati ,00, The total
Obligation is increased by $381,451.00 to $730,075
compensation possible under this contract is:
$34g,624.00
Ey13, Original Contract Amount
Fylq., Amendment # 1 $351,451.0to
is update references, clarification relating
'titled "Scope of Work" revised to p notifications of site
�. The section an adjustment in the deadline for n
the assignment of smart phones,� filter deliveries from go % to 95 % ; it is
g
increase in the expected efficiency of
and an incr of Work is hereby incorporated in its
changes,
shown in Attachment A. The revised Scope
replaced as sho
entirely by Attachment A of this Amendment.
the budget
submitted by the City of Fort Worth,
including the negotiated indirect rate
reviewed and approvedBudget for Actual Cost
3. The TCEQ has for the contract period. The
Attachment B of this Amendment.
ishereb included in its entirety by
Reimbursement y
TCEQ Obligation) �� increased to
4. Total Contract Amount (Maximum rI` �
$730,075.00.
5 • The Term of the Contract is extended to August 31, 2014.
d re uirements of Contract Number 5
82�1`'-30017 remain unchanged.
All other conditions an q
PERFORMING PARTY:
City of Fort Worth
TCEQ:
Environmental Quality
Texas Commission on
B) <
(Signature)
Richard A. Hyde. P.E.
(Printed Name)
Deputy Executive Director
(Title)
RECEIVED JUM it
fir?
4
44 .0•000% e
"ps
By:
(Signature)
Fernando Costa
(Printed Name)
Assistant City Manager
(Title)
6 hobs
(Date Signed)
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:fa _�D AS TO .VOR`MM AND LEGALITY:
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aks p
OFFICIAL RECORD
SECRETARY
i�
Am ndthS1r1'iro. �, H, TX
Page 1 of 1..
Number: 582_13-30017
ICE() Contract
Whole Air Monitoring
ortWorth W B REIMBURSEMENT
Name.. city of F Attachment �T
Contract Na ACTUAL co
ET FOR A
CT BUDGET follows:
CONTRA are as fO110
��®��� expenditures for Work rk Performed
CONTRACT
��' Authorized budgeted
Budget. A � �, � �- �� work t® ��
Pe rated
22.1 Cost co 200,500.00
Item � 50.00
Budget t .000"0) 60 ,1
(3
Salary $ 4,250.00
Personnel / 00 •Po.
Benefits $ 9 2
Fringe Be $ 0.00
Travel 0.00
I Supplies $ 0.00
Contractual � 51,
Co 56,00.0.00LConstruction� 381,451.00 _\
$
551.00
Other Costs � Indirect t
-rolAL. federal cognizant
determined by a reed on by the
been and agreed
date • ate that h a s b negotiated otiated
Indirect Cost may bear be a rate g
22.2 In rest cost rate agency or may agency
The indirect coordinating g state g
22,2.1.a stateto federal and d UGMS'
agency or by is applicable and Budget an
ag uiremen
• eS, he requirements a ement A"$ state agency
part Agency Rate' T Office of Management
an g federal or
and State Ag f the federal documentation of the
Performing
Federal in Circulars ° with documen
2- TCEQ negotiate a
rates are contained 11 provide Party may ce and
party shall p erien
ing Performing Pa y cost experience perform on .TCEQ and the p based °n the (1) as
determination.
eterm%nati ate' the Contractjudgment
ed Final R of an informed term of the
Predetermined for the term parties to reach during the ter
Negotiatedcost rate e the pa rams redetermined
22.2.3 • Neg . final indirect lent to enable Party`s frog under that p
fined f� sufficient forming allowable agency rate. The
predetermined facts that are costs in the Performing
amount all state
pertinent rest Co 2) thethe federal °r renewals and
other per level of indirect d rate ► and ed under contract, including d b the
e probable I he negotiate as determined this feder etas agree Y the
to the p covered by t • ndirect costs r the term °f amount except than
Contract, exceed the cost rate f° or the is less
of ex indirect the rate fined final rate ce in the
rate would n predetermined ind�change in predetermined
de subject to negotiated p aim the difference pre nd is not subJ o
negotiated � al a ent. If the neg in party may c
extensions %s fin tract ermine the Performing ext in written con fined rate,
eterm 48%, ®f total
parties
state agency determined •
in contract is ��-'
federal ort as a matching f®�- this
resulting amount forming party
re of the per °rie�
rate direct Cost categ
�e indirect .n e, he budgeted
T � t s are included ►r
��•�'�' lary and �r fern among Work order ten
ersonne��5a Cumulative trans d amount. If t not exceed
P d ete Cum categories must d Transfers,10%) current Total Budgeted cate9
Budget Control an of the budgeted direct cost Order,
�ud9 the b each Work t payment reque`
22.3 ten percent C among for ea Contract, p the
must not exceed 've transfers Budgeted amount Co of
late d Mated in the after the end
u 30) days in
Contract, cumulative
Total eu thirty ( working day
s currentS otherwise stipulated
t
the 100�0) of theUnless within last
ant C Requests. submitted days of the ed in writing by
percent of Payment � , � invoices Shall be s ed within 60 otherwise approved Submittal quarterly and envoi submitted e is othe
22.4 tad guar invoices shall be ass a later time must be Submit of fiscal year in invoiced, unless m End
al uarter• year that is to e
fiscal quarter.
fiscal
August fo
TCEQ . 1 of 1
Attachment A
Scope of Work
A. Facts/Purpose
1. The Texas Commission on Environmental Quality (TCEQ) has a need to contract
for the service to operate and maintain a continuous, whole -air sampling
network in the Fort Worth, Texas area.
2. In general, information about program operations, including but not limited to,
the locations and numbers of sites, cities, etc, is considered to be "For Official
Use Only" (FOUO), and -Sensitive but Unclassified (SBU) information. The
PERFORMING PARTY will protect such information in accordance with the U S.
Department of Homeland Security (DHS) Management Directive 11042.1 and
the DHS Program Security Classification Guide (copies of both documents are
attached). As such, the PERFORMING PARTY cannot publish reports or
disseminate information about this program to persons without a need to know
unless otherwise approved in writing by the TCEQ Program Manager.
Presentation content and a description of the measures to be taken to maintain
confidentiality of the material must be approved by TCEQ prior to its
dissemination to persons not routinely associated with day-to-day operations.
All PERFORMING PARTY personnel who may have access to SBU or FOUO
information will be required to sign the DHS Non -Disclosure Agreement Form
(DHS Form 11000-6 (08-04) copy attached).
3. The proposed work must be performed in compliance with all applicable federal
and state statutes, regulations, executive orders, Office of Management and
Budget (OMB) circulars, and the terms and conditions presented herein.
4. The proposed work must also be performed in accordance with currently
applicable Standard Operating Procedures (SOP) developed by DHS (reference
follows), the TCEQ, and the respective instrument manufacturers. (Ref: Field
SOP -Version 1.3; Date Issued: June 2012) In the event of conflict in
procedural instructions, instructions approved by DHS shall prevail
5. Funds provided under this Contract may only be used for the purposes set forth
and relating to the program described below.
B. TCEQ Responsibilities
1. Provide DHS-authorized equipment and supplies necessary to perform this
service, unless otherwise noted under Section C (PERFORMING PARTY
Responsibilities) below.
2. Issue directives, guidance, and technical support consistent with DHS objectives
as provided for under the current DHS cooperative agreement with TCEQ.
C. PERFORMING PARTY Responsibilities
The PERFORMING PARTY shall provide:
1. The capacity to readily transfer -sensitive information through a secure means
such as the program Portal or password -protected email.
2. Competent personnel who must meet the following requirements:
a. Have U.S. citizenship;
b. Have successfully passed a background or suitability investigation consistent
with specific guidance from DHS or the local Federal Bureau of Investigation
(FBI);
c. Have no criminal record of felonies; and
d. Have passed an `Initial Display of Analytical Capability (IDAC)" if involved in
the operation of a collector (form provided by TCEQ).
Failure to comply with these personnel requirements may be considered a
material failure to comply with the Contract Terms.
3. Communications devices assigned to all personnel (smart phones or equivalent
preferred) who are directly and routinely involved in field activities associated
with management of the network so that after-hours communication capability
is maintained.
4. Appropriate, readily -available vehicles for providing routine network operation
and maintenance duties as well as timely and applicable after-hours activities
associated with responding to an emergency action.
5. All minor equipment or supply components considered either durable (e.g.,
hinges, locks) or consumable/disposable (e.g., fuses wiring, wipes, gloves) and
that are considered normally available at a local hardware or electronics store.
All purchases are subject to review and purchases exceeding $1,000 require
prior written (email) approval of TCEQ.
D Qualifications and Experience
Site operators shall have sufficient hands-on experience with the operation and
maintenance of high -volume, ambient -air particulate sample collectors as necessary
to pass the IDAC as required in Article C.2.d. listed above.
E. Description and Schedule of Deliverables
All deliverables must be in accordance with currently applicable guidelines including
the DHS Compendium of Standard Operating Procedures (SOP) referenced in Article
A.4., listed above, and any other guidance established by DHS, CDC (Centers for
Disease Control and Prevention), DHS-designated national laboratories, or the
TCEQ, as applicable.
The PERFORMING PARTY shall provide:
1. Collection of air -monitoring samples from all active collectors in the network,
seven (7) days a week, including, but not limited to, operations, maintenance,
Quality Assurance/Quality Control (QA/QC), data review, and reporting on these
activities in accordance with currently applicable SOP's.
2. Delivery of the collected daily samples to the designated analytical laboratory or
courier no later than 10:00 am and no later than three (3) hours following the
collection of any individual sample, unless otherwise approved by TCEQ.
3. Assurance that each sample is collected in accordance with the guidelines
specified in the applicable DHS SOP, subject to approval by TCEQ.
4. Exclusive utilization of the Sample Management System (SMS) protocol,
including software and hardware, as provided and approved by DHS or the DHS-
designated national laboratory.
5. Completion and storage of all required documentation in accordance with the
guidelines specified in the referenced DHS SOP, including but not limited to:
a. The designated Filter Holder Log Form and chain -of -custody (COC)
documentation;
b. The creation of electronic backup files on securely -stored removable media;
c. The maintenance of each full year's data records in a secure location for one
(1) full year following December 31st of the year in which the data was
generated; and,
d. The subsequent destruction of documents in accordance with applicable DHS
SOPs.
6. An accurate and current record and concatenation (linking) of the unique
identification (ID) numbers of each collector with relevant site location
information. Notification of TCEQ as soon as reasonably possible, but no later
than 3:00 p.m. local time on the same day following any changes in site
location.
7. Upon request, assist TCEQ in the identification, improvement, or relocation of
new or existing collector sites.
8. Notice to TCEQ of any significant exceptions to the normal sample -collection
routine. Notification must be made by telephone, as soon as possible and no
later than 3:00 pm on the day of discovery. TCEQ shall provide a list of after-
hours contact telephone numbers. These exceptions include, but are not limited
to:
a. Collector failures or downtimes regardless of duration;
b. Site start-up or closure (whether seasonal or permanent, planned or
unexpected);
c. Collector relocations, even if on the same facility (note that approval must be
received from TCEQ for any relocation of network collectors);
d. Special -event monitoring (i.e., activation of spare collectors) when
authorized by TCEQ. Costs associated with special -event monitoring are not
reimbursable under this Contract without approval by TCEQ;
e. Any breach of security including tampering, break-in, theft, defacement, or
other suspicious activity;
f. Failure to meet sample delivery or reporting deadlines including notification
of the sample -receiving lab in the event of a missed delivery deadline or
exception that will affect the daily routine of the lab; or,
g. Any deviation from normal operations or the approved and currently
applicable SOP
h. Any changes in personnel whereby a person will be given access to sensitive
program information or whose existing access is being eliminated or limited
9. A minimum of one (1) representative from the jurisdiction's environmental field
operations to participate in the annual national workshop.
10.Appropriate training of personnel assigned to operations and the maintenance of
a pool of appropriately trained personnel.
11.Assignment of persons experienced with operations to be readily available via
electronic communications on a 24-hour, 7-day per week, 365-day per year
basis.
12.Maintenance of current and accurate information on the DHS-sponsored Internet
portal including, but not limited to, changes in:
a. Personnel;
b. Equipment (including active and reserve PSU operational status,
replacements, repairs, etc);
c. Site changes (including site contact info, on -site equipment reorientation,
expected and unexpected site changes that have the potential to affect
monitoring, etc); and,
d. Response -readiness capabilities (including staff, equipment, or policy
changes) previously confirmed with TCEQ.
Changes in the above information must be corrected on the portal as soon as
possible, but no later than 24 hours after planning or becoming aware of the
change (excluding changes also considered to be `exceptions", which must be
reported before 3 00 pm on the day of discovery).
13.Written quarterly reports submitted to TCEQ electronically within twenty (20)
days following the end of each calendar quarter and in accordance with
established security procedures that include the following:
a. Identification of the primary Point(s) of Contact (POC) and all staff
conducting operations with notation of any changes from previous reports
(e.g., new hires or turnover);
b. QA information as specified in the currently applicable SOP;
c. Collector inventory details including number of operable and non -operable
collectors in reserve (i e spares); and,
d. Summary of exceptions that occurred within the referenced quarter and a
discussion of efforts made to prevent future exceptions.
14.Invoicing on a quarterly basis accompanied by a detailed breakdown of
expenditures including, but not limited to:
a. Personnel time specifying persons billing under this Contract by name,
position, and cost;
b. A brief description of the activities relating to the program for which a
person's time is billed;
c. Fringe benefits;
d. Travel outside of the normal work routine, including mileage/transportation
(including pre -approved travel costs related to training);
e. Equipment (including pre -approved vehicle purchases);
f. Supplies; and
g. Other relevant expenses (e.g. vehicular fuel and maintenance costs).
All expenses for which reimbursement will be sought under this contract must be
100%-related to program or otherwise apportioned according to the percent of
the expense that is specifically related to this scope of work.
15.Continual maintenance of an inventory of any equipment purchased and/or
provided by the TCEQ having a cost of $5,000 or more per unit. The inventory
shall include a description of the item serial number, TCEQ inventory number
(as applicable) and purchase amount. See Article 6(e) of the Special Terms and
Conditions. The inventory must include a separate list of all durable equipment
including air sample collectors, hand-held measurement devices, personal
protection equipment, or other items purchased by Performing Party, but may
be utilized in the performance of the scope of work regardless of the source of
funding.
16.Maintain a level of inter -governmental exchange and situational awareness
through substantial participation in local planning and training activities
including, but not limited to, attendance at local program -related meetings;
participation in local and regional exercises, maintaining routine communications
with TCEQ (including monthly conference calls); assist TCEQ, upon request, with
meeting local and statewide response -planning objectives including collaboration
with other program jurisdictions to provide equipment and/or personnel support,
and as requested or necessitated by unforeseen events.
F. Acceptance Criteria
If, during any quarter, a 95% efficiency in filter delivery to the laboratory is not met
(excluding missed deliveries due to acts of God), TCEQ may take actions consistent
with Section 15 of the General Terms and Conditions.
M&C Review
Page 1 of 2
ITY OUNCIL AGENDA
Official site of the City of Fort Worth Texas
FORT WORTH
COUNCIL ACTION: Approved on 6/4/2013 - Ordinance No. 20773-06-2013
DATE: 6/4/2013 REFERENCE NO.: **226289 LOG NAME
CODE* C TYPE
20TX COMM ENVIR
QUALITY _810_2014
PUBLIC
CONSENT HEARING: NO
SUBJECT: Authorize Execution of Amendment No. 1 to the Intergovernmental Cooperative
Reimbursement Agreement with the Texas Commission on Environmental Quality in the
Amount of $381,451.00 for the Operation of a Whole Air Monitoring Network, 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 execution of Amendment No. 1 to the Intergovernmental Cooperative
Reimbursement Agreement with the Texas Commission on Environmental Quality for the operation of
the whole air monitoring network in the amount not to exceed $381,451.00 for the contract period
September 1, 2013 through August 31, 2014;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of $381,451.00 in Fiscal Year 2013-2014, 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
Intergovernmental Cooperative Reimbursement Agreement.
DISCUSSION:
The Texas Commission on Environmental Quality (TCEQ) has contracted with the City for operation
and maintenance of monitoring equipment provided by the TCEQ for the whole air monitoring
network. The City is responsible for retrieving the sample filters, delivering the filters to the lab for
analysis, and performing regular audits and maintenance activities on the equipment.
Contract Amendment No. 1 adds a new contract term from September 1, 2013 through August 31
2014 and increases the amount reimbursable to the City in the amount of $381,451.00 for the said
period.
This Agreement will serve ALL COUNCIL DISTRICTS.
Document
Initial Contract
Amendment No. 1
M&C No.
C-25695
Pending
Approval Date
July 10, 2012
Pending
TOTAL
Amount
$348,624.00
$381,451.00
$730,075.00
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
http://apps.cfwnet org/council_packetlmc_review.asp?ID=18422&councildate=6/4/2013
6/12/2013
M&C Review Page 2 of 2
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
.21
GR76 451543 020412619000
21 GR76 5
(VARIOUS) 020412619020
$381.451.00
$381,451.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Oriainatina Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
20TX COMM ENVIR QUALITY BIO 2014 AO13.doc
r
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18422&councildate=6/4/2013 6/12/2013