HomeMy WebLinkAboutContract 58385-A1CSC No. 58385-A1
AMENDMENT NO. 1
TO
CITY OF FORT WORTH CONTRACT 58385
This First Amendment to Fort Worth City Secretary Contract No. 58385 is made
between the City of Fort Worth (hereafter "City"), a home rule municipality, with its principal
place of business at 200 Texas Street, Fort Worth, Texas, and EMS Bruel & Kjaer Inc. dba
Envirosuite, Inc, a Canadian corporation ("Vendor"). City and Vendor are each individually
referred to herein as a "Party" and collectively referred to as the "Parties".
WHEREAS, on February 12, 2022, the Parties entered into City Secretary Contract 58385
("Agreement/Contract") to provide the City with an odor control monitoring platform for the Village
Creek Water Reclamation Facility for a contract amount of $67,894.00; and
WHEREAS, it is the collective desire of both Fort Worth and the Vendor to amend the Agreement
to 1) add additional monitoring solutions that allow us to assess air quality, identify potential pollution sources,
and support regulatory compliance, and 2) update the Network Access Agreement;
NOW, THEREFORE, the Parties, acting herein by the through their duly authorized
representatives, enter into the following agreement:
1. AMENDMENTS
The Agreement is hereby amended as follows:
The current Exhibit A shall be renamed to Exhibit A1, and quote, 20240321, provided by Vendor, and
attached hereto, shall be added as Exhibit A2. Exhibit A2 adds additional monitoring solutions that
allows us to assess air quality, identify potential pollution sources, and support regulatory compliance.
The eNose devices will be traded in for a no -change fee agreement. The overall contract amount shall
remain the same and the annual amount "not to exceed" will remain unchanged, equaling $67,894.00.
The Network Access Agreement hereto attached to this Amendment, shall replace the original Exhibit
C - Network Access Agreement, thereby updating the information pertaining to the network to be
accessed, and the services that require that network access.
Vendor shall not provide any additional items or services or bill for expenses incurred for City
not specified by this Agreement unless City requests and approves in writing the additional
costs for such services or items. City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing.
2. ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall remain in
full force and effect.
3. ELECTRONIC SIGNATURE
This Amendment may be executed in multiple counterparts, each of which shall be an original
and all of which shall constitute one and the same instrument. A facsimile copy or computer
image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same
effect as an original.
OFFICIAL RECORD ,
First Amendment to Fort Worth City Secretary Contract No. 58385 CITY SECRETARY
FT. WORTH, TX
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
7"- I.0
of this contract, including ensuring all
By:
performance and reporting requirements.
Name:
Fernando Costa
Title:
Assistant City Manager
May 23 2024
Date:
By: Larry Hollow May 10, 2024 6&44 CDT)
Name: Larry Holloway
APPROVAL RECOMMINDED:
Title: Assistant Water Systems Superintendent
APPROVED AS TO FORM AND LEGALITY:
By; Christopher Har er (May 23, 202406:53 CDT)
Name: Christopher Harder�,/��
Title: Director, Water Department By:
Name: Taylor Paris
ATTEST: Title: Assistant City Attorney
Fopr°°na
p � ao• o,<wo9do
PVe ^Sp
�loa By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
ENVIROSUITE INC
By: 1 C \),---
Name: Greg Bracci
Title: Vice President - Americas
Date: May 10, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 58385
EXHIBIT A2
Envirosuite Quote 20240321
Q envirosuite
Quote Number 20240321
Date of Issue March 21, 2024
Quote Expiry Date Valid for 30 days from date of issue
Contact Name: Migdalia Orozco-Jackson
Bi Iling Address: 200 Texas Street
Fort Worth, , 76102
Account Name: VCOF - City of Fort Worth
Email: migdalia.jackson@fortworthtexas.gov
Introduction
EMS Bruel & Kjaer Inc. D.B.A. Envirosuite Inc.
2230 East Bidwell Street,
Suite 210,
Folsom, CA 95630
United States of America
www.envirosuite.com
Envirosuite (EVS) is pleased to present this proposal to the Village Creek Waste Water Treatment Plant for a solution to monitor and
detect, Hydrogen sulfide (H2S), Ammonia (NH3), and Volatile organic compounds (VOC's). The Envirosuite's ambient air monitoring
solution includes the use of sensors and technology to continuously measure and analyze air quality parameters in the surrounding
environment. The data collected from these monitoring stations can be used to:
1) Assess air quality;
2) Identify potential sources of pollution; and,
3) Support regulatory compliance.
Another key factor is that these monitors tie in seamlessly into the new ever -evolving Omnis modules to better work for you.
Objective
Replace eNose (odor unit) technology on -site for a comprehensive ambient air monitoring solution. The solution provided in this
proposal will ensure any future high readings of pollutants are captured early or in the event of a complaint will be able to support a
source identification protocol and move to build trust and social equity by engaging transparently with surrounding communities.
Proposed Ambient Air Monitoring Solution
Four (4) ambient monitors of the model Kunak (5S) are proposed to be used as the solution at the facility. The reference locations are
designed to detect the pollutant gases from the facility before they reach the main community complaint zones.
The key aspects of the proposed monitoring system are as follows:
1) The four (4) EVS Kunak Air Quality Monitor 5S sensors will be installed in pre -selected locations, providing continuous monitoring
of the source odor.
2) A threshold system will provide relevant, actionable information to achieve operational goals. Utilise reverse trajectories to
understand if the increased emissions are really a result of your operations or other factors in the neighborhood.
3) Continuous monitoring of H2S, NH3 and VOC's with on -site weather data provides clarity around your operations in accordance
with your local Authority.
Monitoring Devices & Equipment
EVS hyperlocal air quality monitors are designed to collect real-time information across multiple parameters. EVS monitors use
onboard sensors and Kunak embedded algorithm that calculates the concentrations in ppb/ppm or µg/m3 locally and in real-time, not
using or needing external reference data to calculate gas or particle concentrations.
The Hydrogen Sulfide cartridge has a built-in electrochemical sensor very sensitive to its specific pollutant allowing the sensor to
detect any change in H2S concentrations. This cartridge responds and detects Methyl Mercaptan (CH4S).
The Ammonia cartridge has a built-in electrochemical sensor capable of measuring from low to high concentrations with a typical
noise below 0.1 ppm when the ambient temperature is under 77°F. The Cartridge presents cross -sensitivities with NO2, 03, C12, S02,
and H2S, which is quite relevant because they can co -exist and both measurements can be essential for the same purpose.
The Volatile Organic Compounds Cartridge has a built-in photoionization detector (PI D) sensor provided with a 10.6 eV light energy
source to measure accurately hundreds of VOCs commonly found in indoor and outdoor environments.
The 6.3-volt high -efficiency monocrystalline solar panel is robust, waterproof (I P67) and has been designed for prolonged outdoor
use in any environment.
Fees
EVS offers the opportunity to trade in the eNose devices for the opportunity to leverage a no -change fee agreement for the ambient
monitoring solution.
Notes
• The lead time for the ambient monitor is about 3-4 months for delivery and staging.
• No fee or contract modifications.
• Training on using the platform is unlimited, you have access to our team as needed.
• Continued field services and support for the new monitors.
Quote created by
Prepared By: Richard Claro
Quote Acceptance
Signature: ^� 'IGNATURF
ti Migdalia Orozco-Jackson
Name: Migdalia Orozco-Jackson
Title: Environmental Compliance Manager
Email: richard.claro@envirosuite.com
PO/Invoice #:
Date: Not yet accepted
EXHIBIT C
NETWORK ACCESS AGREEMENT
1. The Network. The City owns and operates a computing environment and network
(collectively the "Network"). Vendor wishes to access the City's network in order to provide description
of services. In order to provide the necessary support, Vendor needs access to the Water Department
network.
2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the City's
Network for the sole purpose of providing an odor control monitoring platform. Such access is granted
subject to the terms and conditions forth in this Agreement and applicable provisions of the City's
Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such
applicable provisions are hereby incorporated by reference and made a part of this Agreement for all
purposes herein and are available upon request.
3. Network Credentials. The City will provide Vendor with Network Credentials consisting
of user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor.
Access rights will automatically expire one (1) year from the date of this Agreement. If this access is being
granted for purposes of completing services for the City pursuant to a separate contract, then this Agreement
will expire at the completion of the contracted services, or upon termination of the contracted services,
whichever occurs first. This Agreement will be associated with the Services designated below.
3.1. Services are being provided in accordance with City Secretary Contract No.
Contract No.;
3.2. Services are being provided in accordance with City of Fort Worth Purchase Order
No. PO No.;
3.3. Services are being provided in accordance with the Agreement to which
this Access Agreement is attached.
3.4. No services are being provided pursuant to this Agreement.
4. Renewal. At the end of the first year and each year thereafter, this Agreement may be
renewed annually if the following conditions are met:
4.1. Contracted services have not been completed;
4.2. Contracted services have not been terminated; and
4.3. Within the thirty (30) days prior to the scheduled annual expiration of this
Agreement, the Vendor has provided the City with a current list of its officers, agents, servants,
employees or representatives requiring Network credentials.
Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor shall
provide the City with a current list of officers, agents, servants, employees or representatives that require
Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access
to the Network and/or termination of this Agreement.
5. Network Restrictions. Contractor officers, agents, servants, employees or representatives
may not share the City -assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives
its authorization to the City to monitor Contractor's use of the City's Network in order to ensure Contractor's
compliance with this Agreement. A breach by Contractor, its officers, agents, servants, employees or
representatives, of this Agreement and any other written instructions or guidelines that the City provides to
Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the
Network and Contractor's Data, terminate the Agreement, and pursue any other remedies that the City may
have under this Agreement or at law or in equity.
5.1. Notice to Vendor Personnel — For purposes of this section, Vendor Personnel shall
include all officers, agents, servants, employees, or representatives of Contractor. Vendor shall be
responsible for specifically notifying all Vendor Personnel who will provide services to the City
under this agreement of the following City requirements and restrictions regarding access to the
City's Network:
5.1.1. Contractor shall be responsible for any City -owned equipment assigned to
Vendor Personnel, and will immediately report the loss or theft of such equipment to the
City;
5.1.2. Contractor, and/or Vendor Personnel, shall be prohibited from connecting
personally -owned computer equipment to the City's Network;
5.1.3. Contractor Personnel shall protect City -issued passwords and shall not
allow any third party to utilize their password and/or user ID to gain access to the City's
Network;
5.1.4. Contractor Personnel shall not engage in prohibited or inappropriate use
of Electronic Communications Resources as described in the City's Administrative
Regulation D7;
5.1.5. Any document created by Vendor Personnel in accordance with this
Agreement is considered the property of the City and is subject to applicable state
regulations regarding public information;
5.1.6. Contractor Personnel shall not copy or duplicate electronic information for
use on any non -City computer except as necessary to provide services pursuant to this
Agreement;
5.1.7. All network activity may be monitored for any reason deemed necessary
by the City; and
5.1.8. A Network user ID may be deactivated when the responsibilities of the
Vendor Personnel no longer require Network access
6. Termination. In addition to the other rights of termination set forth herein, the City may
terminate this Agreement at any time and for any reason with or without notice, and without penalty to the
City. Upon termination of this Agreement, Vendor agrees to remove entirely any client or communications
software provided by the City from all computing equipment used and owned by the Contractor, its officers,
agents, servants, employees and/or representatives to access the City's Network.
7. Information Security. Vendor agrees to make every reasonable effort in accordance with
accepted security practices to protect the Network credentials and access methods provided by the City
from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a
breach or threat of breach which could compromise the integrity of the City's Network, including but not
limited to, theft of Contractor -owned equipment that contains City -provided access software, termination
or resignation of officers, agents, servants, employees or representatives with access to City -provided
Network credentials, and unauthorized use or sharing of Network credentials.
DOCUMENT TITLE:
M&C:
FORT WoRni.
Routing and Transmittal Slip
Water
Department
First Amendment of Envirosuite Agreement
CPN:
CSO: 58385
TO: INITIALS
Rick Lisenbee, Approver ,Ct
Larry Holloway, Signer
Vendor — Greg Bracci
Gre23raccl(&,envirosulte.com
Shane Zondor, Approver
Jan Hale, Approver
Christopher Harder, Signer
Taylor Paris, Signer
Fernando Costa, Signer
Ron Gonzales, Approver KC
Jannette Goodall, Signer
Allison Tidwell, Form Filler
Charmaine Baylor, Acceptor
Needs to be notarized: ❑ YES x NO
Action Reauired:
❑ As Requested
❑ For Your Information
x Signature/Routing and/or Recording
❑ Comment
❑ File
FOR CMO USE ONLY: Routing to CSO x YES ❑ NO
DOC #:
EXPLANATION
Attached is the First Amendment of CSC 58385, the Water Department's agreement with
Envirosuite Inc., for an odor control monitoring platform. This Amendment adds additional
monitoring solutions that will allow us to assess air quality, identify potential pollution sources,
and support regulatory compliance, at no additional cost.
The Amendment will also replace the contract's Network Access Agreement with a version
that has been corrected to include the information regarding which network will be accessed
and the services that will be provided by Envirosuite.
The contract "amount not to exceed" shall remain that same, equalling $67,894.00, and the
term runs from February 12, 2024 through February 11, 2025.
Please sign and/or approve the agreement. If you have any questions or concerns, call or
email me.
Charmaine Baylor
Sr. IT Business Planner, Water IT
Water Department
Charmaine. bavlor(a�fortworthtexas.gov
(817)392-6629