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CONTRACT NUMBER 582-19-90031
AMENDMENT 2
The Texas Commission on Environmental Quality("TCEQ') and the City of Fort Worth
("PERFORMING PARTY"), agree to amend Contract number 582-19-90031 to extend the
term of the Contract to April 30, 2021 by exercising the second of its remaining
renewal options, in accordance with Special Terms and Conditions, Section 1, and
update the Scope of Work and Special Terms and Conditions in accordance with
General Terms and Conditions, Section 1.2. In addition, the maximum compensation
possible under the contract is increased by$255,005.20 for Fiscal Year(FY) 2021 for a
total contract value of$1,027,005.20.
The following summarizes the changes made by this Amendment:
1. The Maximum TCEQ Obligation is increased by $255,005.20 to $1,027,005.20. The
total compensation possible under this contract is:
Original Contract Amount (FY19) $386,000.00
Amendment 1 (FY20 Renewal) $386,000.00
Amendment 2 (FY21 Renewal) $2`i 5.005.20
Total Contract Amount(Maximum TCEQ Obligation) $1,027,005.20
2. The TCEQ has reviewed and approved the budget submitted by the City of Fort
Worth. The Cost Budget for Fiscal Year 2021 is hereby included in its entirety by
Attachment A of this Amendment.
3. The TCEQ has revised the Scope of Work for FY21 and incorporated it in its
entirety as Attachment B of this amendment.
4. TCEQ has revised the Special Terms and Conditions,incorporated in their entirety
as Attachment C of this Amendment.
5. The Term of the Contract is extended to April 30, 2021.
All other conditions and requirements of Contract Number 582-19-90031 remain
unchanged.
TCEQ: PERFORMING PARTY„
Texas Commission on Environmental City of Fort Worth
Quality
By: \ By.Vfm � 6:29,�
(Signature) r,, (Signature)
{ ama ra fGi��T� Valerie Washington
(Printed Name) (Printed Name)
Attft Deputy Executive Director Assistant City Manager
RECE" Title (Title)
" �CFIVYSEC FWRy, (Date Signed) (Date Signed)
C[E1'SECRETAR11
v Contract No.582-19-90031 A
1Kr 7X
Contract No. 582-19- 0031
Amendrr ent 2
Approved as to Form and Legality
Christa R. Lopez-Reynolds
Sr.Assistant City Attorney
Attest:
Mary Kayser •'
�155� c ty Secretaryt-a ,
FFUAL RECORD,
MY SECRETARY
FT WORTS TX
CONTRACT NUMBER 582-19-90031L
Attachment A
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 $136,471.84
Fringe Benefits $76,192.23 (55.83%)
Travel $3,000.00
Supplies $6,400.00
Equipment $0.00
Contractual $0.00
Construction $0.00
Other $5,550.00
Indirect Costs $27,391.13
Total $255,005.20
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract i4 12.88%
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 ra e
agreed to by Performing Parry 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.
Contract No.582-19-90031 Amendment 2
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CONTRACT NUMBER 582-19-90031
3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of
budget total, identify the main constituents: Costs include site improvements,
vehicle fuel and maintenance costs, and medical supplies.
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-1 exa at the
time the cost is incurred.
S. 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 cat gores
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) Folm
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 monthly and invoices shall be submitted within thirty(30) days after the
end of the fiscal quarter to the individual named in TCEQ Project Representatives
and Records Location. Final invoices shall be submitted within one (1)month 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 documents ion to
TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may
reject invoices without appropriate supporting documentation. TCEQ has th 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.
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CONTRACT NUMBER 582-19-90031.
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 a 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, Per' rming
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 mu t 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.
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CONTRACT NUMBER 582-19-90031
Attachment B
Scope of Work
Facts/Purpose
1. The Texas Commission on Environmental Quality(TCEQ)has a need to contract or the
service to operate and maintain a continuous, Whole Air monitoring network in e Fort
Worth, Texas area.
2. In general, information about program operations, including but not limited to, e
locations and numbers of sites, cities, etc., is "For Official Use Only" (FOUO), an
Sensitive but Unclassified (SBU)information. The PERFORMING PARTY will,prote t 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 canzot
publish reports or disseminate information about this program to persons with(ut a
need to know unless otherwise approved in writing by DHS or TCEQ Program
Coordinator. Presentation content and a description of the measures to be takell to
maintain confidentiality of the material must be approved in writing by DHS or TCEQ
prior to its dissemination to persons not routinely associated with day-to-day
operations.
3. The proposed work must be performed in compliance with all applicable federa and
state statutes, regulations, executive orders, Office of Management and Budget ()MB)
circulars, and the terms and conditions presented herein.
4. The proposed work must also be performed in accordance with currently applic ible
Standard Operating Procedures (SOP) developed by DHS (reference follows), TCE and
the respective instrument manufacturers. (Ref-BioWatch Field Operations SOP-ve sion
6.0;Date Issued:June 15, 2018 and Annex A:Logistics;version 6.0,Date Issued June 15,
2018), and the Memorandum of March 27.2019 concerning the STT 2.0 Deploym nt and
SOP Changes . In the event of conflict in procedural instructions, instructions a proved
by DHS shall prevail.
5. Funds provided under this Contract may only be used for the purposes set fort4 and
relating to the program described below and are contingent on continued feder
funding.
TCEQ Responsibilities
1. Serves as liaison between the contract awardee and the Department of Homeland
Security on matters of BioWatch field operations in the state of Texas. TCEQ Program
Coordinator shall provide guidance on DHS directives, standard operating proc dures,
logistical annexes and contract/grant requirements.
2. BioWatch Program Coordinator serves as both Contract and Grant Manager for
BioWatch program in the state of Texas. The program coordinator shall serve as the
intermediary between the contract awardee and DHS providing guidance and di ectives
on the Whole Air contract and grant.
3. Provides or facilitates the acquisition of DHS-authorized monitoring equipment parts,
supplies and consumables needed for operation, repair, and maintenance of all. it
monitoring equipment at all sites including replacement of unserviceable equipment.
4. Conducts assessments of operational collector sites, as deemed necessary by the
program coordinator, ensuring site construction and configurations are in compliance
with DHS guidelines and standards.
5. Upon request of the contract awardee or as deemed necessary the TCEQ-
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CONTRACT NUMBER 582-19-90031
a.) Provides subject matter expertise and manpower in support of siting, deploy g and
operating remote collectors during emergency response activities and/or sp ial
event surge operations.
b.) Provides BioWatch specific emergency response training to field operations team
members. TCEQ may coordinate trainings with the DHS Jurisdictional Coordinator.
c.) Provides guidance and assistance in the construction of new collector sites d/or
improvements of existing sites.
6. Conduct audit of contract when deemed necessary by TCEQ contract specialist. for
notice of audit will be given.
PERFORMING PARTY Responsibilities
The PERFORMING PARTY shall provide:
1. The capacity to readily transfer sensitive information through a secure means such as
the HSIN Portal, password-protected email and/or DHS designated system.
2. Competent personnel who must meet the following requirements:
Have successfully passed all background checks required for employment by th LFO
hiring policies;
Based on Job function, have successfully completed the HSIN/STT registration a d
approval process per DHS requirements. If approval is not granted, then the O
employee must be reassigned to a Job function without access to sensitive
information within the BioWatch program.
Failure to comply with these personnel requirements may be considered a material
failure to comply with the Contract Terms.
3. Communication device assigned to Local BioWatch Field Office (LFO)Manager (s nart
phones or equivalent), LFO Operator or designated personnel who is directly an
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 daily network operations and
maintenance duties as well as timely and applicable after-hours activities assoc i ted
with responding to an emergency action.
5. All minor equipment or supply components considered either durable (e.g., hin es,
locks) or consumable/disposable (e.g., fuses, wiring, wipes, gloves) and normally
available at a local hardware or electronics store. All purchases are subject to review.
Single item purchases exceeding $1,000 require prior TCEQ written (email) appr val.
6. Training records must be kept and made available to TCEQ upon request.
7. Receiving reports must be kept for all items purchased with grant funds and must be
made available upon request by TCEQ staff.
Qualifications and Experience
1.) Field operators shall have sufficient hands-on experience with the operation and
maintenance of low-volume, ambient-air particulate sample collectors, as necessary
to pass the LFO required proficiency evaluation listed above, deploy, operate, repair
and maintain a 24hr/365 day a year biological air monitoring network.
2.) Field operators shall have knowledge of dawning and doffing personnel pro ective
equipment (gloves) and specified packaging, decontamination and chain of custody
procedures of air samples for delivery to a designated BioWatch laboratory.
3.) Experience or knowledge of utilizing meteorological data in response piannhig for a
release of an aerosolized biological agent release.
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CONTRACT NUMBER 582-19-90031
4.) Experience or knowledge of conducting site/venue assessments for deployment of
air monitoring equipment assessing for security, power and maximum air
monitoring coverage.
5.) Field operators shall be familiar with the Incident Command System(ICS) and the
National Incident Management System(NIMS). Official training in ICS (ICS 100 &ICS
200) and NIMS through FEMA Independent Study is preferred. Training certificates
must be available upon request.https://traftiing.fema.gov/is/"`crslist.aspx?aE,=:true
Description and Schedule of Deliverables
All deliverables must be in accordance with currently applicable DHS guidelines an
Standard Operating Procedures referenced in Article AA., listed above, and any other
guidance established by DHS, CDC (Centers for Disease Control and Prevention), D S-
designated national laboratories, or TCEQ as applicable.
The PERFORMING PARTY shall provide:
1. Establish a LFO and appropriate manpower levels to perform collection of air-
monitoring samples from all active collectors in the network, seven(7) days a w ek/365
days a year.
2. Deliver daily samples to the designated analytical laboratory no later than 09:00 am
and no later than three (3)hours following the collection of any individual sample,
unless otherwise approved by the Lead Laboratory Manager and BAC Chairperson in
coordination with the TCEQ BioWatch Program Coordinator. If the 09:00am delivery
time cannot be met, then the participating contractor must submit an exception report
to the DHS HSIN Portal.
3. Perform daily collection operations and equipment maintenance/replacement a well as
special event monitoring as directed by DHS and the local BioWatch Advisory
Committee (BAC)in coordination with TCEQ Program Coordinator. Daily collect' ns and
maintenance shall be performed in accordance with DHS's BioWatch Field Oper tions
Standards Operating Procedures (SOP) and BioWatch Field Logistics Annex:A.
4. Perform equipment maintenance and document maintenance on the BioWatch P rtal in
accordance with DHS Field Operations SOP.
5. Lead Field Office shall establish and maintain a minimum 90-day supply of
consumables (gloves, wipes, bags etc.) and portable sampling unit parts (O-rings, fuses,
wiring harnesses, timers, etc.). Reasonable effort should be applied in acquiring all
parts and consumables through DHS and/or TCEQ. All other approved supply chain
mechanisms can be used if supply needs cannot be met through DHS and/or TCEQ.
Parts and consumables requiring purchase through approved vendors (for example
HiQ) shall be expensed to contract.
6. Utilize DHS Sample Tracking Tool (STT 2.0)in performing daily collections. Field
operators shall follow DHS STT 2.0 protocols and employ DHS approved STT 2.0
software and hardware.
7. Perform special event indoor and outdoor monitoring to include but not limited to
assessing venue for security, power and scientifically driven placement of air
monitoring equipment. Deploy, operate and demobilize special event monitors'
Coordinate and secure venue credentials for field operators for the special eve s and
coordinate activities with local officials, TCEQ and DHS Jurisdictional Coordina r (JQ.
Costs associated with special-event monitoring are not reimbursable under this
Contract without prior approval by TCEQ BioWatch Program Coordinator;
8. The LFO, using the DHS HSIN Portal and DHS Sample Tracking Tool (STT 2.0), shall
maintain an accurate and current list of operational sites in the jurisdiction. The LFO
shall also maintain a current and accurate list of air collectors deployed at each site and
Contract No.582-19-90031 Amendment 2
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CONTRACT NUMBER 582-19-90031
link the collectors to the sites using the HSIN portal. Removal and replacement of a
collector/s at a site constitute an exception report on the HSIN portal. See Article 12 of
the scope of work for exception reporting.
9. Participate in external audits of Field Operations. Audits of field operations are directed
and arranged by DHS; and scheduled with the LFO in advance of the audit. The 11-0
shall comply with corrective actions resulting from the field audit and report oil the
status of compliance to the audit agency and DHS in coordination with TCEQ Program
Coordinator.
10.Upon request, assist DHS, the BAC and/or TCEQ in the identification, improvement, or
relocation of new or existing collector sites.
11.LFO shall provide one Field Operator to the BioWatch Advisory Committee during
response activities. The Field Operator shall provide the BAC with information o the
affected site, exceptions filed at the site and any observations at the site outsidE of
normal operations. LFO shall be prepared to supply the BAC with additional air
sampling units during a response and coordinate surge/response activities with the
TCEQ Program Coordinator.
12.Exception Reporting: LFO shall report any significant exceptions to the normal s mple-
collection routine by utilizing the DHS Sample Tracking Tool (STT 2.0) process. eport
notification must be made as soon as possible and no later than 3:00 pm on the day of
discovery. Exceptions to normal operations include,but are not limited to.:
a. Collector failures or downtimes regardless of duration;
Site start-up or closure (whether seasonal, permanent, planned or unexpected);
Collector relocations because of continual flooding, construction, or other
circumstances must receive prior approval. Site relocations, whether planned or
emergent, will be coordinated though DHS, in coordination with TCEQ BioWatch
Coordinator, with final approval residing with DHS.
Any breach of security including tampering, break-in, theft, defacement, or other
suspicious activity;
Failure to meet sample delivery time (09:00am) or exception that will affect the iaily
routine of the lab (See Article E.2);
Any deviation from normal operations or to the approved and currently applicable SOP;
or,
Any changes in personnel whereby a person will be given access to sensitive prc am
information or whose existing access is being eliminated or limited.
13. Provide a minimum of one (1) representative from the jurisdiction's LFO to participate
in the annual national workshop or statewide meeting.
14. The LFO shall provide initial, recurring or refresher training to Field Operators in
accordance with DHS Field Operations Logistics Annex A, appendix C. The LFO all
identify trainers and maintain records that indicate type and date of training. F. tention
of training records will be in accordance with Table 10-2 of the Logistics Annex
15.Assist TCEQ DHS JC, and local BioWatch Advisory Committee with post detectidn Just-
In-Time training for first responders. This training includes, but not limited to site
access, site specific details, sample collection, documentation and chain of custody.
16.DHS HSIN Portal and DHS Sample Tracking Tool (STT 2.0). The LFO shall populate and
update the lists and data points described in BioWatch Field Operations SOP-Version 6.0,
Date Issued:June 15, 2018 and Annex A:Logistics;version 6.0,Date Issued June S,
2018), and the Memorandum of March 27,2019 concerning the STT 2.0 Deployment and
SOP Changes. This includes the following:
a. Field Personnel;
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CONTRACT NUMBER 582-19-90031
Site List;
Special Event Site List;
Exception Reports;
Maintenance Logs;
Routes
17.Establish and maintain an equipment inventory. Awardee shall submit an annual
inventory list to TCEQ by 1 August of each year or as requested to the TCEQ con Tact
specialist.
a. The inventory shall include a list of any equipment purchased and/or provided by
DHS or TCEQ having a cost of $5,000 or more per unit. The inventory shall include a
description of the item, serial number, DHS or TCEQ inventory number(as
applicable) and purchase amount. See Article 6(e) of the Special Terms and
Conditions.
b. The inventory must include a separate list of all durable equipment including air-
samplers/collectors, hand-held measurement devices, or other durable items
purchased by Performing Party utilized in performing the Scope of Work reg dless
of the source of funding.
18.Maintain a level of inter-governmental exchange and situational awareness through
substantial participation in local BioWatch Advisory Council meetings and routinely
schedule conference calls between the Lead Field Office and TCEQ as well as LF and
DHS. The LFO shall participate 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; assist TCEQ upon
request, with meeting local and statewide response-planning objectives including
collaboration with other program jurisdictions to provide equipment and/or pe: sonnel
support, and as requested or necessitated by unforeseen events.
Invoicing
1. Unless otherwise directed by TCEQ or DHS;PERFORMING PARTY must submit invoices
to the TCEQ Contract Specialist monthly and invoices, including the final mvoic for
any contract or renewal period, must be submitted within 30 days after the encl of each
month.
2. The final invoice for any contract or renewal period must be conspicuously mar ed
FINAL.
3. All Invoices must be accompanied by a detailed breakdown of expenditures incl ding,
but not limited to:
a. Personnel time billed to the contract by name, position, and cost;
a. Level of Effort Certifications;
a. Fringe Benefits;
b. Indirect Costs;
c. Vehicle Miles - broken down per vehicle, per month;
d. Vehicle maintenance(only actual work performed);
e. Fuel Costs;
f. Travel outside of the normal work routine, including mileage/transportatio
lodging, meals (including pre-approved travel costs related to training);
g. Equipment (including pre-approved vehicle purchases);
h. Supplies; and,
i. Other relevant expenses (e.g. electric, maintenance costs, etc.).
4. All expenses for which reimbursement will be sought under this contract must e
100%-related to program, actual incurred costs or otherwise apportioned accor g to
Contract No.582-19-90031 Amendment 2
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CONTRACT NUMBER 582-19-9oo3i
the percent of the expense that is specifically related to this Scope of Work. If a
reimbursable expense charged to this Contract benefits additional projects or activities,
the expense must be allocated to the projects based on the proportional benefit to each
and Awardee must provide documentation supporting the allocation of the expense,
not to exceed 100%.
Acceptance Criteria
If, during any quarter, a 95% efficiency in filter delivery rate to the laboratory is not met
(excluding missed deliveries due to acts of God), TCEQ may take actions consistent with
Section 7 of the General Terms and Conditions.
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CONTRACT NUMBER 582-19-90031
Attachment C
Special Terms and Conditions
These conditions add to, or in the case of conflicts, supersede and take precedence over
the general conditions set forth in this Contract.
1. The Contract period shall be in effect from Contract execution through August 31, 2019.
By mutual written agreement of the parties, the Contract may be renewed for three (3)
additional periods of up to one (1)year each.
I
2. Any information provided to, gathered or produced by the PERFORMING PARTY in
connection with providing services under this Contract constitutes confidential
information under Texas Government Code 418.176-77 and 418.181, and the
PERFORMING PARTY shall not release such information without prior written
authorization of TCEQ. Confidential information includes, but is not limited to, the
areas covered, the number of areas covered, the total number of monitors, the numbers
of monitors in any given area, the specific location of monitors, the types of monitors, the
identity of employees involved in the project, and the nature of the parameters
monitored.
3. Force Majeure._
If either party is delayed in carrying out its obligations due to acts of God, disease,
epidemic, labor stoppages, or other similar irresistible forces, the delayed Party :,hall give
notice and full particulars of such delay, supported by sufficient evidence,in writing, to
the other Party within a reasonable time after occurrence of the delay. The time of
performance by the delayed Party shall be extended for such a period of time as is
reasonably necessary to remedy the effects thereof. Force majeure does not include
ordinary delays that are common to the industry or location. Force majeure does not
include an event of the sort that this network is designed to detect.
4. E-Verify.
Performing Party must use the U.S. Department of Homeland Security's EVerify s stem to
determine the eligibility of (1)All persons employed during the Contract terra to erform
duties within Texas; and (2)All persons (including subcontractors) assigned by t e
contractor to perform Work pursuant to the Contract.
5. Equipment.
a. Subject to the obligations and conditions set forth in this Contract, title to all
equipment acquired under this Contract shall vest, upon acquisition or construction,
in the PERFORMING PARTY.
b. PERFORMING PARTY agrees to conduct physical property inventories, to maintain
property records and necessary control procedures, and to provide adequat
maintenance with respect to all equipment acquired under this Contract.
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CONTRACT NUMBER 582-19-90031
c. PERFORMING PARTY may develop and use its own property management system
which must conform to all applicable state and local laws, rules and regulations. If
an adequate system for accounting for personal property owned by the
PERFORMING PARTY or its subcontractor is not in place or currently in use, t4e
Property Accounting System Manual issued by the State of Texas Comptrollei of
Public Accounts shall be used as a guide for establishing such a system.
d. Property records must be maintained to include a description of the property, a
serial number or other identification number, the source of property, who holds
title, the acquisition date, and the cost of the property, percentage of federal
participation in the cost of the property, the location, use and condition of the
property, and any ultimate disposition data including the date of disposal and sale
price of the property.
e. A physical inventory of all equipment acquired or replaced under this Contract
having an initial purchase price of Five Thousand Dollars($5,000) or more shall be
conducted annually and the results of such inventories shall be reconciled with the
appropriate property records. Property control procedures utilized by the
PERFORMING PARTY shall include adequate safeguards to prevent loss, dam ge, or
theft of the acquired property. Any loss, damage or theft shall be investigated.The
PERFORMING PARTY agrees to develop and carry out a program of property
maintenance as necessary, to keep both originally acquired and any replaced
property in good condition, and to utilize proper sales procedures to ensure the
highest possible return. In the event such equipment is sold, the TCEQmust be
notified in advance of the sale.
f. All equipment acquired or replaced under this Contract shall be used for the
duration of its normally expected useful life to support the purposes of this
Contract whether or not the original projects or programs continue to be supported
by federal or state funds.
g. Subject to the provisions of this Article, if no longer needed for the support f the
authorized projects or programs referred to in the Scope of Work, equipmenT
acquired under this Contract, whether original or replacement, may be used in
support of other activities currently or previously supported by TCEQ or the Federal
Government, or alternatively,may be made available for use on other projects or
programs, providing such other use will not interfere with the work on those
projects or programs for which such equipment was originally acquired.
h. PERFORMING PARTY may, for the purpose of replacing various equipment utilized
under this Contract, either trade or sell the equipment and use the proceeds of such
trade or sale to offset the cost of acquiring needed replacement property.
i. Items of equipment with a current per unit fair market value of less than One
Thousand Dollars ($1,000)may be retained, sold or otherwise disposed of with no
further obligation to the awarding agency. Methods used to determine per unit fair
market value must be documented,kept on file and made available to the awarding
agency upon request.
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CONTRACT NUMBER 582-19-90031
j. If prior to the termination date of this Contract, the PERFORMING PARTY or its
subcontractors or sub-grantees determine that any equipment acquired with funds
provided as a result of this Contract is no longer needed for support of the
programs or projects referred to in the Scope of Work, TCEQ may require the
PERFORMING PARTY to transfer title and possession to such equipment to TCEQ or
a third party named by TCEQ
k. The PERFORMING PARTY agrees that if a determination is made within six(6 years
of the initiation date of this Contract, that any equipment acquired with funs
provided as a result of this Contract is no longer needed for support of the
programs or projects referred to in the Scope of Work, TCEQ has a right to require
the transfer of any equipment having a fair market, per unit value of more than Five
Thousand Dollars ($5,000) to TCEQ or a third party named by TCEQ
6. Administrative and Cost Principles. Performing Party agrees that the administrative
and cost principles found in 2 CFR 200 apply to this agreement
7. Level of Effort Certification(LEC). Performing Party must complete Level of Effort
Certification(LEC)for salaried employees performing work under this Contract. LEC
must be completed monthly and LEC(s)must be submitted with each invoice.
Performing Party may develop and use its own LEC method,which must be revi wed
and approved by TCEQ prior to implementation or use the TCEQ provided template
(Attachment B). The LEC must:
a. Reflect an after-the-fact distribution of the actual activity of each employee;
b. Account for the total activity for which each employee is compensated, including
activities not performed on behalf of TCEQ
c. Be prepared at least monthly and must coincide with one or more pay periods; and
d. Be signed by the employee and the supervisory official having first-hand kngwledge
of the work performed by the employee. The employee's signature is not required in
the event the employee cannot be reached due to termination of employment, lack
of forwarding address, death or other documented reason.
8. Meal and Lodging Expenses.
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.
a. PERFORMING PARTY may be reimbursed for meal and/or lodging expenses
that are incurred on a day that PERFORMING PARTY performs work rated to
this Contract. The reimbursement is limited to the rates set forth in the
current General Appropriations Act.The reimbursement limit applies without
a carry-over from one day to another.
b. Reimbursement for meals and lodging must be supported by receipts.
Failure to provide supporting documentation may result in the denial of a
request for reimbursement.
Contract No.582-19-90031 Amendment 2
Page i j of 14
CONTRACT NUMBER 582-19-90031
c. Meal and lodging expenses incurred at a duty point the night before st to
business begins are reimbursable.
d. Meal and lodging expenses incurred more than one night before state
business begins are not reimbursable unless traveling to the duty po"
reasonably requires more than one day or the expenses are incurred t
qualify for a discount airfare.
Contract No.582-19-90031 Amendment 2
Page 14 of 14
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/25/20 M&C FILE NUMBER: M&C 20-0596
LOG NAME: 23TCEQ WHOLE AIR MONITORING CONTRACT AMENDMENT 2 FY21
SUBJECT
(ALL)Authorize Execution of Amendment 2 to the Texas Commission on Environmental Quality Federally Funded Grant Agreement in an Amount
Not to Exceed$255,005.20 for Whole Air Monitoring Operations,Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Amendment 2 to the Texas Commission on Environmental Quality Funded Grant Agreement for wt ole air monitoring
operations with a maximum amount of$255,005.20 for an eight month term starting September 1,2020 through April 30,2021; nd
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Fedenil Fund in the
amount of$255,005.20,subject to receipt of the executed Amendment.
DISCUSSION:
The City of Fort Worth(City)operates a comprehensive air quality program under four separate-but related contracts with the Te as Commission
on Environmental Quality(TCEQ). This overall program benefits the City by ensuring facilities are in compliance with air quality gulations and by
supporting reliable data collection for air pollutants. One of the four contracts,this contract is fully funded by the Department of H meland Security
and administered by the Texas Commission on Environmental Quality. The grant specifically supports air monitoring operations for bioterrorism
attacks within the City of Fort Worth and Tarrant County.
If executed,this contract will require the City of Fort Worth to operate local air pollution monitors to include retrieving the sampling filters and data,
sending filters and data for analysis,and performing regular audit and maintenance activities on the equipment under the terms of the contract.The
Department of Homeland Security provides all air monitoring equipment, parts,and supplies for the proper operation of�he air monitoring
samplers and is contracting with the City of Fort Worth for the operation and maintenance of these monitoring stations.The co tract period will be
September 1,2020 through April 30,2021,with a maximum amount of$255,005.20 for reimbursement of expenses to the City.This renewal is the
second of three renewal options in accordance with the original contract.This contract may be renewed for once more ur on mutual written
agreement between both Parties.
There are no local matching funds required for this grant contract.
DOCUMENT M&C No. Approval Date GrantAmount Total
Initial Contract C-28852 09/18/2018 $386,000.00 $386,000.00
Amendment#1 M&C 19-0033 08/13/2019 $386,000.00 $386,000.00
Amendment#2 Pending Pending Approval $255,005.20 $255,005.20
Approval of this of this M&C
M&C
TOTAL: $1,027,005.20
This agreement will serve ALL COUNCIL DISTRICTS.
No City funds will be expended before the contract amendment is approved.Upon approval and acceptance of the grant and execution of the
contract,City funds will be expended before receipt of grant funds. Indirect costs will be recovered under this grant.
A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:TCEQ
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation rdinance,funds
will be available in the current budget,as appropriated,of the Grants Operating Federal Fund.The Code Compliance Department will be
responsible for the collection and deposit of funds due to the City.Prior to making any expenditure,the Code Compliance Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for City Manager's Office by: Valerie Washington 6192
Originating Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B.Carson 6336
Cody Whittenburg 5455
Contract Compliance Manager:
By signing this document, I acknowledge that lam the person responsible for the monitoring
and administration of this contract, including ensuring all performance and reporting
requirements.
1
Anthony Williams
NAME SIG
Environmental Supervisor
TITLE
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
OFFICIAL REC UR
CITY SECREYFT WORTH,