HomeMy WebLinkAboutContract 55747-A2CITY SECRETARY
CONTRACT N. 55747-A2 CONTRACT NUMBER 582-21-22371
AMENDMENT 2
In accordance with General Term and Condition sub -article 1.2, Amendments, Texas
Commission on Environmental Quality ("TCEQ') and the City of Fort Worth
("PERFORMING PARTY"), agree to amend Contract number 582-21-22371 as follows:
1. This amendment extends the term of the Contract to August 31, 2024 by exercising
the second of its four renewal options, in accordance with Special Term and
Condition, Article 1.
2. The Maximum TCEQ Obligation is increased by $380,006.00 to $1,260,012.00. The
total compensation possible under this contract is:
Original Contract Amount (FY21) $500,000.00
Amendment 1 (FY2 3 Renewal) $ 3 80, 006.00
Amendment 2 (FY24 Renewal) $380.006.00
Total Contract Amount (Maximum TCEQ Obligation) $1,260,012.00
3. The TCEQ has reviewed and approved the budget submitted by the City of Fort
Worth. The Cost Budget for Fiscal Year 2024 is hereby included in its entirety by
Attachment A of this Amendment.
All other conditions and requirements of Contract Number 582-21-22371 remain
unchanged.
TCEQ
Texas Commission on Environmental
Quality
(Signature)
li. Steven Schar
(Printed Name)
Interim Deputy Executive Director
(Title)
07/06/2023
(Date Signed)
APPROVED AS TO FORM AND LEGALITY:
M.1Ce vjkr Aiv(ers,1�
M. Kevin Anders, II (Dec 19, 2024 09:31 CST)
Assistant City Attorney: Kevin Anders
PERFORMING PARTY:
City of Fort Worth OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
By: 44&vj
Valerie Washington (Jun 26, 202315:28 CDT)
(Signature)
Ms. Valerie Washington
(Printed Name)
Assistant City Manager
(Title)
Jun 26, 2023
(Date Signed)
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Nannette Goodall
City= Secretary RP
Contract Number 582-21-22371
Amendment 2
Page 1 of 4
CONTRACT NUMBER 582-21-22371
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
$215,000.00
Fringe Benefits
$105,006.00 (48.84%)
Travel
$3,500.00
Supplies
$18,000.00
Equipment
$ 0
Contractual
$ 0
Construction
$ 0
Other
$17,000.00
Indirect Costs
$21,500.00
Total
$ 380,006.00
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 10.00%
of (check one):
❑ salary and fringe benefits
❑ modified total direct costs
® other direct costs base
If other direct cost base, identify: Salary
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 rate
agreed to by Performing Party 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 Number 582-21-22371 Amendment 2
Page 2 of 4
CONTRACT NUMBER 582-21-22371
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 Texas at the
time the cost is incurred.
S. Budget Categories. The Budget Categories above have the definitions, requirements
and limitations stated in TxGMS. 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 categories
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) Form
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 month 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 documentation to
TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may
reject invoices without appropriate supporting documentation. TCEQ has the 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.
Contract Number 582-21-22371 Amendment 2
Page 3 of 4
CONTRACT NUMBER 582-21-22371
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 be less
than or equal to the rate authorized under TxGMS. To the extent that the
reimbursable rate is lower than Performing Party's actual indirect costs, Performing
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 must 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 not benefit from them, and that it uses funding sources that may
be properly used to fund its unreimbursed costs.
Contract Number 582-21-22371 Amendment 2
Page 4 of 4
Contract Compliance Manager:
By signing this document, I acknowledge that I am the person responsible for the monitoring
and administration of this contract, including ensuring all performance and reporting
requirements.
Anthony Williams
NAME SIGs
Environmental Supervisor
TITLE
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0486
LOG NAME: 23TCEQ WHOLE AIR MONITORING CONTRACT FY24 AMENDMENT 2
SUBJECT
(ALL) Authorize Execution of Second Amendment to the Texas Commission on Environmental Quality Federally Funded Grant Agreement in an
Amount Not to Exceed $380,006.00 for Whole Air Monitoring Operations and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a second amendment to the Texas Commission on Environmental Quality federally funded grant agreement for the
purpose of Whole Air Monitoring Operations in an amount not to exceed $380,006.00 for a twelve-month term beginning on September 1,
2023 and expiring on August 31, 2024; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject
to receipt of the grant, in the amount of $380,006.00, for the purpose of Whole Air Monitoring Operations.
DISCUSSION:
The City of Fort Worth (City) operates a comprehensive air quality program under four separate -but -related contracts with the Texas Commission
on Environmental Quality (TCEQ). This overall program benefits the City by ensuring facilities are in compliance with air quality regulations and by
supporting reliable data collection for air pollutants. Of the four contracts, this contract is fully funded by the Department of Homeland Security
(DHS) and administered by TCEQ. There are no local matching funds required for this grant contract. DHS Funds have been received annually by
the City for its Whole Air Monitoring Program in cooperation with TCEQ to maintain and operate various whole air monitoring stations.
The contract specifically supports air monitoring operations for early detection of 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 including 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 the air
monitoring samplers. The contract period will start September 1, 2023 and run through August 31, 2024, with a maximum amount of $380,006.00
for reimbursement of expenses to the City. This contract may be renewed for two additional one-year periods in accordance with the contract.
DOCUMENT M&C No.
Initial Contract: Project 21-0314
#103407 (FY22)
Amendment 1 (FY23) 22-0506
Amendment 2 (FY24) Pending
Approval Date Grant Amount Total
05/04/2021 $500,000.00 $500,000.00
06/28/2022 $380,006.00 $380,006.00
Pending $380,006.00 $380,006.00
TOTAL: $1,260,012.00
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 cost will be applied at a rate of 10.00 percent in accordance with the
terms of the TCEQ grant agreement.
Whole Air grant funds support the following nine employee positions of Code Compliance Department, Environmental Quality Division:
• Environmental Supervisor: 25% FTE for $22,764.93 in the Air Quality Section.
• Senior Environmental Specialist: 55% FTE for $44,160.82 in the Air Quality Section.
• Environmental Specialist: 95% FTE for $49,400.00 in the Air Quality Section.
• Environmental Specialist: 95% FTE for $49,400.00 in the Air Quality Section.
• Senior Environmental Specialist: 10% FTE for $6,859.02 in the Air Quality Section.
• Grants Accountant: 5% FTE for $3,803.28 in the Financial Management Department, Grants Team.
Positions listed above are subject to grant funding availability. This grant has been awarded to the City annually for over two decades in
partnership with the TCEQ and the DHS. Although unlikely, in the event of a grant award being decreased or eliminated, Code Compliance would
review programs and services funded by the grants and determine a level of service and staffing that aligns with the available funding. Alternatives
to consider may include staff and program reductions or eliminations. Sustainment of these positions may include transfer to general fund or
identification of other sources of funding that can be secured.
This agreement will serve ALL COUNCIL DISTRICTS.
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 ordinance, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Code Compliance Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred,
the Code Compliance Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for Citv Manaaer's Office by
Oriainatina Business Unit Head:
Valerie Washington 6199
Brandon Bennett 6322
Additional Information Contact: David B. Carson 6336