HomeMy WebLinkAboutContract 62482-A1TCEQ CON-MkCT NLMER 582-22-30132
CITY OF FORT WORTH - 105 0ENDIMENT 1
CITY SECRETARY 62482-Al
AJ EWDMENT 1 CONTRACT NO.
Texas Commission on Environmental Quality (TCEO) and the City of Fort Worth (Performing
Party-) agree to amend Contract 582-22-30132 in accordance k�-ith the General Term and
Condition sub -Article 1.2 Amendments as follows:
1. By way of this Amendment, TCEQ and the City- of Forth Worth agree to extend the term
of the Contract to August 31, 2025 by exercising one of one tX o-year renewal options
per the Special Term and Condition, Article 6.
2. The total compensation possible under the Contract is increased by S124,800.00 for
Fiscal Year 2024 and 2025 (FY24 and FY25), raising the rnaxiinurn compensation
possible to $249,600.00.
TCEQ and the Performing Party- agree that the total compensation possible under this
Contract is increased as follows:
The Original Contract Amount WF22 and FY23) $124,800.00
Contract ?mpndTrient 1 (FY 24 and FY 2 5 - Renewal) $124:800.00
The Total Contract Amount $249,600.00
3. TCEQ has approved the FY24 and FY25 Cost Budget, hereby included in its entirety- as
Attaclmsent A of this Amendment.
4. TCEQ has updated the Notices, Project Representatives and Records Location, hereby-
included in its entirety as Attachment B of this Amendment.
5. TCEQ has revised the Special Terms and Conditions, hereby- included in its entirety. as
Attachment C to this Amendment.
6. The Term of Contract is extended to August 31, 2023.
The Performing Party- i,n- 11 continue to operate, support, and maintain the air monitoring
stations located in or around Fort W ort14 Texas.
All other conditions and requirements of Contract 582-22-30132 remain unchanged.
Texas Conn Ission on
Environmental Quality
Z�thoed Signature
Brandv Brooks
Printed Dame
Deputy Director. Monitormg Division
Title
7114f2423
Date
APPROVED AS TO FORM AND LEGALITY.-
W. as
M. Kevin Anders, II (Dec 19, 2024 10: 28 CST)
Assistant City Attorney:
City of Fort Worth
By'l7alen ng[vn SJun25, 202315:27 C:Dr
Authorized Signature
Ms. Valerie Washington
Printed Name
Assistant City Manager
Title
J u n 262 2023
Date
ATTEST:
By.
Jannette Goodall
City Secretary
age 1 of 16
TCEQ CONTRACT NUMBER 582-22-30132
CITY OF FORT WORTH - 105 AMENDMENTI.
ATTACHMENT A
Cost Budget - Matching Funds
Cooperative Reimbursement Contract
for State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
FY 2024 Total
FY 2025 Total
Budget Category
Project Costs
Project Costs
Salary / Wages
$46,000.00
$46,000.00
Fringe Benefits
$24,000.00
$24,000.00
Travel
$2,250.00
$2,250.00
Supplies
$ 7,784.33
$ 7,784.33
Equipment
$.0.00
$0.00
Contractual
$0.00
$0.00
Construction
$0.00
$0.00
Other
$8,500.00
$8,500.00
Total Direct Cost
$88,534.33
$88,534.33
Indirect Costs
$4,600.00
$4,600.00
Other In -kind Contributions
$0.00
$0.00
Total Contract Cost
$93,134.33
$93,134.33
Cost Share (33%)
$30,743.33
$30,743.33
TCEQ Reimbursement Amount
$62,400.00
$62,400.00
(67%)
2. Matching Funds. This Contract requires matching funds.
Performing Party must match TCEQ expenditures by contributing 33 percent (%) of the
total project costs as shown above. Each invoice must demonstrate that the Performing
Party is contributing the required match for the period specified on the invoice.
Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 10% of
(check one):
❑ salary and fringe benefits
❑ modified total direct costs
® other direct costs base
If other direct cost base, identify: 10% of salary and wages
This rate is less than or equal to (check one):
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
❑ 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.
3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of budget
total, identify the main constituents:
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.
5. 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 to the individual named in the Notices, Project Representatives and Records
Location document at monthly intervals. Final invoices shall be submitted within two (2)
calendar months 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.
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TCEQ CONTRACT NUMBER 582-22-30132
CITY OF FORT WORTH - 105 AMENDMENT 1
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.
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TCEQ CONTRACT NUMBER 582-22-30132
CITY OF FORT WORTH - 105 AMENDMENT 1
ATTACHMENT B
NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION
CONTRACT NO. 582-22-30132 PROJECT TITLE: CITY OF FORT WORTH - 105
1. Representatives. The individual(s) named below are the representatives of TCEQ and
Performing Party. They are authorized to give and receive communications and directions
on behalf of the TCEQ and the Performing Party as indicated below. All communications
including official contract notices must be addressed to the appropriate representative or
his or her designee.
2. Changes in Information. Either party may change its information in this Notices, Project
Representatives and Records Location document by providing notice to the other party's
representative for contractual matters.
3. TCEQ Representatives
TCEQ CONTRACT MANAGER
(for Contractual Matters)
Paushiana Madison
Contract Manager
P.O. Box 13087 MC-165
Austin, Texas 78711-3087
Telephone No. (512) 239-1828
Email Address:
Daushiana.madison@tce a. texas. aov
4. Performing Party Representatives.
For Contractual Matters
Anthony Williams
Supervisor/Quality Assurance
Officer
City of Fort Worth
Code Compliance Department
Environmental Quality Division
200 Texas Street
Telephone No. (817) 392-5462
Email Address:
anthonv.williams@fortworthtexas.gov
TCEQ PROJECT MANAGER
(for Technical Matters)
Sayona Shayegani
Project Manager
P.O. Box 13087 MC-165
Austin, Texas 78711-3087
Telephone No. (512) 239-6384
Email Address:
savona.shave2ani@tcea.texas.Qov
For Technical Matters
Daniel Fernandez
Senior Environmental Specialist/
Team Lead
City of Fort Worth
Code Compliance Department
Environmental Quality Division
200 Texas Street
Telephone No. (817) 392-5444
Email Address:
daniel.fernandez@fortworthtexas.gov
5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient
is identified below:
® TCEQ Project Manager / ❑ TCEQ Disbursements Section / ❑ Other:
6. Designated Location for Records Access and Review. The Performing Party designates
the physical location indicated below for record access and review pursuant to any
applicable provision of this Contract:
City of Fort Worth
Code Compliance Department
Environmental Quality Division
200 Texas Street
Fort Worth, Texas 76102
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
ATTACHMENT C
SPECIAL TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
These terms are defined as follows:
1.1 Acquisition Cost - (of an item of purchased Equipment) The net invoice unit price of the
property including the cost of modifications, attachments, accessories, or auxiliary
apparatus necessary to make that property usable for the purpose for which it was
acquired. Other charges such as the cost of installation, transportation, taxes, duty, or
protective in -transit insurance, will be included or excluded from the unit Acquisition
Cost in accordance with the Performing Party's regular accounting practices.
1.2 Cost Sharing or Match - The value of the third -party in -kind contributions and the
portion of the costs of a State -assisted project or program not paid by the State.
1.3 Equipment - Tangible, nonexpendable, personal property having a useful life of more
than one year and an Acquisition Cost of $ 5,000 or more per unit. A Performing Party
may use its own definition of equipment provided that such definition would at least
include all equipment defined above.
1.4 Nonconformance - A deficiency in characteristic, documentation, or procedure that
renders the quality or an item or activity unacceptable or indeterminate; non-
fulfillment of a specified requirement.
1.5 Quality Assurance (QA) - An integrated system of management activities involving
planning, implementing, assessment, reporting, and quality improvement to ensure
that a process, item, or service is of the type and quality needed and expected by the
customer.
1.6 Quality Control - The overall system of technical activities that measures the attributes
and performance of a process, item, or service against defined standards to verify that
they meet the stated requirements established by the customer; operational techniques
and activities that are used to fulfill requirements for quality.
1.7 Quality Management Plan - A document that describes the quality system in terms of
organizational structure, functional responsibilities of management and staff, lines of
authority, and required interfaces for those planning, implementing, and assessing all
activities conducted.
1.8 Supplies - Tangible personal property other than Equipment.
1.9 Surveillance - Continual or frequent monitoring and verification of the status of an
entity and the analysis of records to ensure that specific requirements are being
fulfilled.
1.10 Suspension - temporary withdrawal of authority to obligate Grant funds pending
corrective action by the Performing Party or a decision to terminate the Grant; (2) an
action by a TCEQ official to exclude a person from participating in Grant transactions
for a period of time.
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
1.11 Termination -Permanent withdrawal of the authority to obligate previously -awarded
Grant funds before that authority would otherwise expire, or voluntary relinquishment
of that authority by the Performing Party or subgrantee.
1.12 Third party in -kind contributions -Property or services which benefit a State assisted
project or program and which are contributed by third parties without charge to the
Performing Party, or a Cost -type Performing Party under the Contract.
1.13 Texas Grant Management Standards (TXGMS)- means the promulgated by the Texas
Comptroller pursuant to the Uniform Grant Conditions and Management Act, Tex.
Govt. Code Chapter 783. TXGMS is defined to include its successor guidance, Texas
Grant Management Standards, the terms of which control for purposes of this Contract
effective January 1, 2022
1.14 Work - the entire completed services or the various separately identifiable parts thereof
required to be furnished under the Contract. Work includes and is the result of
performing or furnishing labor, services, materials or equipment as required by the
Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS: INTENT
2.1 The Contract Documents comprise the entire Contract between TCEQ and Performing
Party concerning the Work. The Contract Documents are complementary; what is called
for by one is as binding as if called for by all.
2.2 It is the intent of the Contract Documents to describe a functionally complete project
(or part thereof) to be constructed in accordance with the total Contract. Any Work,
materials or equipment that may reasonably be inferred from the Contract Documents
or from prevailing custom or trade usage as being required to produce the intended
result will be furnished and performed whether or not specifically called for. When
words or phrases which have a well-known technical or pollution cleanup industry or
trade meaning are used to describe Work, materials or equipment, such words or
phrases will be interpreted in accordance with that meaning.
ARTICLE 3. PERFORMING PARTY'S RESPONSIBILITIES
3.1 The Performing Party is responsible for the professional quality, technical accuracy,
timely completion and the coordination of all services and other Work furnished by the
Performing Party under this Contract.
Personnel
3.2 Performing Party will provide competent, suitably qualified personnel to perform the
Work as required by the Contract Documents. Performing Party will at all times
maintain good discipline and order on the Project.
Materials & Equipment
3.3 Unless otherwise specified in the Contract Documents, Performing Party will furnish
and assume full responsibility for all materials, equipment, labor, transportation, tools,
appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary
facilities and all other facilities and incidentals necessary for the furnishing,
performance, testing, start-up, and completion of the Work.
3.4 All materials and equipment will be of good quality and new, except as otherwise
provided in the Contract Documents. All materials and equipment will be applied,
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
installed, connected, erected, used, cleaned, and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise provided in the Contract
Documents.
Title to, Use, Management and Disposition of Equipment
3.5 Subject to the obligations and conditions set forth in this Contract, title to all
equipment acquired with funds under this Contract will vest, upon acquisition, in the
Performing Party. Performing Party must comply with all use, management and
disposition requirements set out in 2 CFR Part 200.313 in connection with any such
equipment. Annually, with the final invoice for the fiscal year, the Performing Party will
provide an inventory of all equipment purchased under the grant to include current
status and disposition.
3.6 In the event any funds provided under this Contract are in turn awarded to any
subgrantee for the purchase or acquisition of any equipment, the Performing Party's
contract with that subgrantee will include the requirements of this Contract.
Substitutes and "or -Equal" Items:
3.7 Whenever an item of material or equipment is specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to establish the type, function
and quality required. Unless the specification or description contains or is followed by
words reading that no like, equivalent or "or -equal" item or no substitution is
permitted, other items of material or equipment of other Suppliers may be accepted
with prior TCEQ approval.
3.8 Substitute Methods or Procedures: If a specific means, method, technique, sequence or
procedure is shown or indicated in and expressly required by the Contract Documents,
Performing Party may furnish or utilize a substitute means, method, technique,
sequence or procedure acceptable to TCEQ. Performing Party will submit sufficient
information to allow TCEQ, in TCEQ's sole discretion, to determine that the substitute
proposed is equivalent to that expressly called for by the Contract Documents.
Concerning Subcontractors, Suppliers and Others
3.9 All contractual expenditures using funds provided under this Contract will comply
with all procurement laws and regulations applicable to the Performing Party and its
subcontractors, including Chapter 783 of the Texas Government Code and TXGMS.
3.10 The Performing Party will forward any proposed sub -agreement for the performance of
Work required under this Contract's Scope of Work to TCEQ's Network Coordinator
prior to execution of the sub -agreement. TCEQ may, within 21 days of receipt of the
proposed sub -agreement, provide written notice (fax or email acceptable) to the
Performing Party questioning whether the sub -agreement is for a legitimate purpose
relating to the satisfaction of this Contract or has been procured in accordance with
state and federal law. The Performing Party will not enter into a sub -agreement until
TCEQ has withdrawn all questions raised in the notice. Neither TCEQ's failure to
question a sub -agreement nor its subsequent withdrawal of any questions raised
regarding a sub -agreement implies TCEQ's approval of the sub -agreement's purpose or
method of procurement of the sub -agreement. Further, the terms of this provision do
not in any way restrict TCEQ's rights under this Contract to subsequently refuse
reimbursement for expenses incurred pursuant to the sub -agreement. The Performing
Party may require a bid bond to protect the local and State interests by assuring that a
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
bidder will, upon acceptance, execute all required contractual documents within the
time period specified.
3.11 The Performing Party is responsible for the management and fiscal monitoring of all
subcontractors and subgrantees. The Performing Party will monitor its subcontractors
and subgrantees to ensure that the subcontractors and subgrantees are operating
consistently with applicable laws and regulations, contracting policies, and these
Contract Documents. The Performing Party will ensure that all subcontractors and
subgrantees comply with all record keeping and access requirements set forth in these
Contract Documents. TCEQ reserves the right to perform an independent audit of all
subcontractors and subgrantees.
3.12 Performing Party, subcontractors and subgrantees must implement and maintain a
Quality Assurance Program that addresses quality -related activities performed under
this Contract and conforms to the American National Standards Institute (ANSI) /the
American Society for Quality (ASQ) E-4-2004 Quality Systems for Environmental Data
and Technology Programs - Requirements with Guidance for Use, the EPA QA/R-2 and
with the TCEQ Quality Management Plan. The TCEQ Quality Assurance specialists, or
any of their authorized representatives, will have access to all such Work activities,
monitors, records, documents, and other evidence for the purpose of management
systems review, inspection, audit, surveillance, peer review, excerpts, transcriptions
and/or copying during normal business hours. The Performing Party will provide
proper access.
3.13 Funds provided by TCEQ pursuant to this Contract that are paid to the subcontractor
may be used by the subcontractor solely to satisfy the purposes of the Contract.
Procurements
3.14 All procurements by the Performing Party of goods and/or services under this
Contract will be conducted in accordance with its internal procedures and state and
federal law.
3.15 Performing Party will perform a cost or price analysis in connection with all
procurements in excess of $10,000 which are not competitively procured. A cost
analysis will also be required when adequate price competition is lacking and for sole
source procurements, unless the reasonableness of the price can be established on the
basis of a catalog or market price. Failure to follow these requirements for providing
the greatest possible competition in procurement is grounds for disallowance of costs
for reimbursement.
Subgrant Activities
3.16 All Subgrants awarded by the Performing Party under this Contract must comply with
state and federal law.
3.17 Payments by Performing Party to subgrantees will be solely for reimbursement of
actual allowable costs utilizing the same standards and requirements as the
reimbursement payments from TCEQ to Performing Party set out in this Contract. No
Subgrant will be made on a fixed amount of cost reimbursement unless this method is
specifically approved by TCEQ based on supporting evidence of proposed subgrantee's
actual costs.
3.18 All Subgrant agreements must be in writing and approved by TCEQ. The standards
and requirements for reimbursements and standards for performance will be
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
incorporated into the Subgrant agreements as well as other requirements of this
Contract.
Permits
3.19 Unless otherwise provided in the Contract Documents, Performing Party will obtain
and pay for all construction permits and licenses. Performing Party will pay all
charges of utility owners for connections to the Work and all charges of such utility
owners for capital costs related thereto, such as plant investment fees.
Records, Documents, Data, Access, and Audit
3.20 The Performing Party will maintain books, records, documents, and other evidence
reasonably pertinent to performance of the Work and requirements of the Contract
Documents as required by the Federal Conditions and General Terms and Conditions
of the Contract.
3.21 The Performing Party will pass through all record keeping, quality assurance
requirements, and access requirements to all subcontracts and sub -agreements.
3.22 The Performing Party agrees to the disclosure of all information and reports resulting
from access to records and quality activities under this Contract.
3.23 Records will be maintained by the Performing Party during performance of Work under
this Contract, and for a minimum of seven (7) years after final payments, final
expenditure reports and all other pending matters are closed. If any litigation, claim,
negotiation, audit, quality assurance assessment, cost recovery, or other action
(including actions concerning costs of items to which an audit exception or
nonconformance has been taken or identified) involving such records or corrective
actions has been started before the expiration of the seven (7)year minimum period,
such records must be retained until completion of the action or resolution of all issues
which arise from it, or until the end of the seven (7)) year minimum period, whichever
is later.
3.24 Access to records or Work activity is not limited to the required retention periods.
TCEQ will have access to records or Work activity at any reasonable time for as long as
the records or nonconformance identified pursuant to an assessment are maintained.
3.25 This right -of -access article applies to financial and quality records pertaining to this
Contract and all sub -agreements and amendments. In addition, this right of access
article applies to all records and Work activities pertaining to this Contract and all sub -
agreements and amendments:
3.25.1 to the extent the records pertain reasonably to this Contractor subcontract
performance;
3.25.2 if there is any indication that fraud, gross abuse, or corrupt practices maybe
involved; or
3.25.3 if the Contract or subcontract is terminated for default or for convenience.
Data and Publicity
3.26 All data and other information developed under this Contract will be furnished to
TCEQ and will be public data and information except to the extent that it is exempted
from public access by the Texas Public Information Act, TEx. Gov'T CODE § 552. Upon
termination of this Contract, all copies of data and information will be furnished, at no
charge to TCEQ, upon request, to include databases prepared using funds provided
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
under this Contract, and become the property of TCEQ. Except as otherwise provided
by these Contract Documents or the Texas Public Information Act, the Performing
Party will not provide data generated or otherwise obtained in the performance of its
responsibilities under this Contract to any party other than the State of Texas and its
authorized agents.
Safety and Protection
3.27 Where applicable, Performing Party is responsible for requiring subcontractors and
subgrantees to maintain and supervise all necessary safety precautions and programs
in connection with the Work. Performing Party will take all necessary safety
precautions.
Performance Reports
3.28 In accordance with TXGMS, the Performing Party will submit data completeness reports
documenting all activities during a quarter pursuant to the Schedule of Deliverables
set forth in the Scope of Work. In the absence of a schedule in the Scope of Work, the
Performing Party will submit the reports not later than 30 days after the close of each
quarter. The reporting periods correspond to the State of Texas fiscal year
(September -November; December -February, March -May; June -August).
Independent Financial Audit
3.29 By February 1 of each year, the Performing Party will engage an Independent Financial
Auditor and conduct an annual audit of the Performing Party's financial statements in
accordance with the Single Audit provisions of UGMS. The final report will be
submitted to the TCEQ Contract Manager no later than 90 days following the
completion of the audit.
3.29.1 All terms used in connection with Audits in this Contract have the definitions
and meanings assigned in the Texas Grant Management Standards and the
Single Audit Circular in TXGMS.
3.29.2 Provisions of the Single Audit Circular in Part IV of UGMS apply to all non -
State Government entities expending the funds of this Grant, whether they are
recipients, receiving the funds directly from TCEQ, or are subrecipients,
receiving the funds from a pass -through entity (a recipient or another
subrecipient). In addition, the Performing Party will require the independent
auditor to supply all audit work papers substantiating the Work performed at
the request of TCEQ or its designee.
Exceptions in Audit
3.30 TCEQ is required to take action on exceptions noted in an audit of Performing Party's
financial records. Therefore, Performing Party agrees to submit to TCEQ a copy of the
report from any audit conducted of the Performing Party's financial records within 20
days of Performing Party's receipt of an audit report. At the same time, Performing
Party will also provide a statement containing an explanation of the conditions giving
rise to each exception in the audit report as well as a plan for correction of any
significant deficiencies in Performing Party's operations or Contract performance.
TCEQ may approve the statement or reject as insufficient. At the option of TCEQ, the
Performing Party may revise and resubmit. If the statement is initially or subsequently
rejected by TCEQ with no further opportunity to revise, TCEQ may suspend payments
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
or may terminate the Contract for cause and may undertake any other remedies or
sanctions provided under this Contract.
CERTICLE 4. CHAN S IN THE WORK
4.1. TCEQ may by written notification to the Performing Party, make changes to the scope
of this Contract or in the services or Work to be performed. If such changes cause an
increase or decrease in the Performing Party's cost of, or time required for,
performance of any services under this Contract, whether or not changed by an order,
an equitable adjustment will be made and this Contract will be modified in writing
accordingly. Any claim of the Performing Party for adjustment under this clause must
be asserted in writing within 30 days after the date of receipt by the Performing Party
of the notification of change unless the TCEQ Executive Director, Network Coordinator
(TCEQ Project Manager), or Program Area designee grants a further period of time
before the date of final payment under this Contract.
4.2. Performing Party is permitted to rebudget within the approved direct cost budget to
meet any unanticipated requirements. Changes to the Scope of Work require the prior
written approval of TCEQ. Applicable cost principles set forth in 2 CFR Part 200.308
contain additional requirements for prior approval of certain types of costs and apply
to all grants and Subgrants. Prior approval is required as follows:
4.2.1 any change resulting in the need for additional funding;
4.2.2 cumulative transfers among direct cost categories, or, if applicable, among
separately budgeted programs of projects and which exceed or are expected to
exceed the total costs for the current year's budget by ten percent (10%);
4.2.3 transfers of funds allotted for training allowances;
4.2.4 changes in key personnel in cases where specified in an application or Grant
award; or
4.2.5 subcontracting those activities that are central to the purposes of the award.
4.3. Any request must be in writing to TCEQ and TCEQ will promptly review, approve or
disapprove the request in writing. If a change requires federal approval, TCEQ will
obtain that approval before approving the request.
4.4. Changes to the services or Work to be performed will be updated in the next applicable
Quality Assurance Project Plan revision for this Contract.
ARTICLE S. PAYMENTS TO PERFORMIN PARTY
Cost Reimbursement
5.1 The Performing Party has submitted a cost analysis. The Performing Party and TCEQ
acknowledge that this cost analysis is the basis upon which the Contract Cost Budget
has been developed.
5.2 Because certain Monitoring Division Program activities may not be performed in a
given month, the Performing Party will perform a quarterly review of the Monitoring
Division Program activities that it actually performs or expects to actually perform
during that quarter. In this review, the Performing Party will determine whether the
nearest practicable estimate of its actual cost of providing those services for that
quarter is within the constraints established elsewhere in this Contract.
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
5.3 The Performing Party will make its review and determination available to TCEQ upon
request. TCEQ may perform an independent review and make its own independent
determination or make its own independent determination based upon the Performing
Party's review.
Duplication of Effort Prohibited
5.4 In addition to the funds provided to Performing Party under this Contract, TCEQ may
provide funds to Performing Party under a separate Grant Agreement so that funds of
two or more Grants are to be provided to a single activity of the Performing Party.
Performing Party must monitor all activities to ensure that the Grant funds
complement one another and do not result in double payments for the same activity.
Payment Request Procedures
5.5 On a quarterly basis, within 30 days after the end of a quarter, the Performing Party
will submit a Financial Status Report (FSR) (Attachment A) in order to obtain payment
for tasks completed under this Contract. The Performing Party will indicate the Match
Amount in the space provided on the FSR. A description of the services provided by
your Match Amount should be described in the FSR on the supplemental pages
attached to the form. In addition, the Performing Party will submit either a completed
quarterly HUB Progress Assessment Report, incorporated herein as Form B-1, or a
TCEQ Disadvantaged Business Enterprise (DBE) Program MBE and WBE Expenditures
Report (see Federal Conditions and Forms section of Contract).
5.6 The TCEQ Network Coordinator will review the quarterly FSR for requests for payment
of services performed as identified in the Scope of Work and will notify the Performing
Party that the requests are acceptable or will provide an explanation of why the
requests or the Work identified in the requests are unacceptable. If the requests do not
satisfactorily demonstrate the accomplishment of the required tasks, the TCEQ
Network Coordinator will not authorize payment until such time as deficiencies have
been corrected.
5.7 TCEQ will not issue any payment of an approved reimbursement request from the
Performing Party until TCEQ receives from the EPA funds specifically awarded for
activities provided by the Performing Party under this Contract.
5.8 Funding for the Work performed under this Contract is derived from Federal Section
105 pass -through funding from the TCEQ and will not exceed 67% of the Performing
Party's Total Program Cost. If the Performing Party does not provide matching funds
such that the combined federal and state share of the funding exceeds 67%, then the
amount of TCEQ reimbursement for this Contract will be reduced so that this
condition is met.
5.9 Nothing in this Article may be construed to prevent TCEQ or the Performing Party
from exercising any of its rights under this Contract including but not limited to those
relating to termination and remedies.
5.10 TCEQ is not obligated to make payment until it approves a request for reimbursement.
TCEQ may suspend payment for any incomplete, inconsistent or incorrect deliverable
until the Performing Party completes or corrects it.
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CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
Closeout
5.11 When TCEQ determines that all administrative activities and all required Work have
been completed, TCEQ will close out the Contract. Within 60 days after the expiration
or termination of the Contract, the Performing Party must submit all financial,
performance, and other reports. These reports may include:
5.11.1 all Performance or Progress Reports required by this Contract;
5.11.2 Financial Status Report (Attachment A);
5.11.3 final Request for Payment (Including Form B-1); and
5.11.4 Release of Claims (Attachment B)..
5.12 In accordance with TXGMS, the Performing Party must submit an inventory of all State-
owned property (as distinct from property acquired with Grant funds) for which it is
accountable and request disposition instructions from TCEQ for property no longer
needed.
5.13 Within 90 days of receipt of the reports set forth above, TCEQ will make upward or
downward adjustments to the allowable costs. TCEQ will make prompt payment to the
Performing Party for allowable reimbursable costs. Closeout of the Contract does not
affect:
5.13.1 TCEQ's right to disallow costs and recover funds on the basis of a later audit,
quality assurance assessment, or other review;
5.13.2 the Performing Party's obligation to return any funds due as a result of later
refunds, corrections, or other transactions;
5.13.3 records retention as required herein;
5.13.4 property management requirements set forth herein; and
5.13.5 audits, including quality assurance assessments and requirements set forth
herein.
5.14 The Performing Party must immediately refund to TCEQ any balance of unobligated
(unencumbered) cash advanced that is not authorized to be retained for use on
another Grant.
5.15 Any funds paid to a Performing Party in excess of the amount to which the Performing
Party is finally determined to be entitled under the terms of the award constitute a
debt to TCEQ. If not paid within a reasonable period after demand, TCEQ may reduce
the debt by:
5.15.1 making an administrative offset against other requests for reimbursement;
5.15.2 withholding advance payments otherwise due to the Performing Party, or
5.15.3 other action permitted by law.
5.16 Except where otherwise provided by statutes or regulations, TCEQ will charge interest
on an overdue debt in accordance with TXGMS. The date from which interest is
computed is not extended by litigation or the filing of any form of appeal.
5.17 The Performing Party will provide to TCEQ documentation showing all tasks that have
been completed by the Performing Party. The Performing Party agrees that the
Page 14 of 16
CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENT 1
determination of satisfactory completion of any and all Work or other services
performed or furnished under this Contract will be based on the judgment of the staff
of TCEQ which judgment will be exercised in a reasonable manner and in good faith.
5.18 TCEQ may refuse to reimburse expenditures for which the Performing Party submits a
voucher more than 60 days after the termination date of this Contract.
ARTICLE 6. RENEWAL
6. By written agreement of the parties, the contract is renewable for up to one (1)
additional two-year period. TCEQ may by unilateral amendment extend the term of the
Contract 180 days.
ARTICLE 7. TEXAS GRANT REQUIREMENTS
7.1. COVID-19 Vaccine Passport Prohibition. Under § 161.0085 of the Texas Health and
Safety Code, Performing Party certifies that it is not ineligible to receive the Contract
and will maintain this certification throughout the term of the Contract.
7.2. TxGMS. Allowable Costs are restricted to costs that comply with the Texas Grant
Management Standards (TxGMS) and applicable state and federal rules and law. The
parties agree that all the requirements of TxGMS apply to this Contract, including the
criteria for Allowable Costs. Additional federal requirements apply if this Contract is
funded, in whole or in part, with federal funds.
UNIFORM ASSURANCES
7.3 Uniform Assurances. Performing Party assures compliance with the following
uniform assurances from TxGMS, as applicable to this Contract. Other assurances
from TxGMS may be included elsewhere in this Contract.
7.3.1 Performing Party represents and warrants its compliance with Texas
Government Code Section 2054.5191 relating to the cybersecurity training
program for local government employees who have access to a local
government computer system or database.
7.3.2 Performing Party certifies that it and its principals are not suspended or
debarred from doing business with the state or federal government as
listed on the State of Texas Debarred Vendor List maintained by the Texas
Comptroller of Public Accounts and the System for Award Management
(SAM) maintained by the General Services Administration.
7.3.3 Performing Party agrees that any payments due under the Contract shall be
applied towards any debt or delinquency that is owed to the State of Texas.
7.3.4 Performing Party represents and warrants that it will comply with Texas
Government Code Section 2252.906 relating to disclosure protections for
certain charitable organizations, charitable trusts, and private foundations.
7.3.5 In accordance with Texas Government Code Section 669.003, relating to
contracting with the executive head of a state agency, Performing Party
certifies that it is not (1) the executive head of the TCEQ, (2) a person who
at any time during the four years before the date of the Contract was the
executive head of the TCEQ, or (3) a person who employs a current or
former executive head of the TCEQ affected by this section.
7.3.6 Performing Party acknowledges and agrees that appropriated funds may
Page 15 of 16
CITY OF FORT WORTH - 105
TCEQ CONTRACT NUMBER 582-22-30132
AMENDMENTI.
not be expended in the form of a grant to, or contract with, a unit of local
government unless the terms of the grant or contract require that the
funds received under the grant or contract will be expended subject to the
limitations and reporting requirements similar to those provided by the
following:
7.3.6.1 Parts 2 and 3 of the Texas General Appropriations Act, Art. IX,
except there is no requirement for increased salaries for local
government employees;
7.3.6.2 Sections 556.004, 556.005, and 556.006 of the Texas
Government Code; and
7.3.6.3 Sections 2113.012 and 2113.101 of the Texas Government Code.
7.3.7 Performing Party represents and warrants that TCEQ's payments to
Performing Party and Performing Party's receipt of appropriated or other
funds under the Contract are not prohibited by Texas Government Code
Section 556.0055 which restricts lobbying expenditures.
7.3.8 Performing Party represents and warrants that in the administration of the
Contract, it will comply with all conflict of interest prohibitions and
disclosure requirements required by applicable law, rules, and policies,
including Texas Local Government Code Chapter 176. If circumstances
change during the course of the contract or grant, Performing Party shall
promptly notify TCEQ.
7.3.9 Performing Party represents and warrants its compliance with Chapter 5 51
of the Texas Government Code which requires all regular, special or called
meeting of a governmental body to be open to the public, except as
otherwise provided by law.
7.3.10 Performing Party represents and warrants that it does not perform political
polling and acknowledges that appropriated funds may not be granted to,
or expended by, any entity which performs political polling.
7.3.11 Performing Party certifies that it has not received a final judicial
determination finding it intentionally adopted or enforced a policy that
prohibited or discouraged the enforcement of a public camping ban in an
action brought by the Attorney General under Local Government Code
§364.003. If Performing Party is currently being sued under the provisions
of Local Government Code §364.003, or is sued under this section at any
point during the duration of this grant, Performing Party must immediately
disclose the lawsuit and its current posture to the TCEQ.
7.3.12 Performing Party represents and warrants that it will comply with Texas
Government Code Section 321.022, which requires that suspected fraud
and unlawful conduct be reported to the State Auditor's Office.
Security Requirements
7.4 Security Requirements. If Performing Party accesses, transmits, uses, or stores TCEQ
data:
7.4.1 Performing Party shall meet the security controls specified by TCEQ; and
7.4.2 Performing Party must annually provide TCEQ documentation
demonstrating that it meets the specified TCEQ security requirements.
Page 16 of 16
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0484
LOG NAME: 23TCEQ PM 10 CONTRACT FY2023/FY2024
SUBJECT
(ALL) Authorize Execution of First Amendment of the Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on
Environmental Quality in an Amount Not to Exceed $124,800.00 for Air Pollution Control Services for a Two -Year Term Beginning September 1,
2023, Authorize Cash Match of $61,468.66 for the Two -Year Term and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of first amendment of the Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on
Environmental Quality in an amount not to exceed $124,800.00 for air pollution control services for the two-year term starting September 1,
2023 and running through August 31, 2025;
2. Authorize cash match from the City's Environmental Protection Fund of $61,468.66 for the two-year term;
3. Apply an indirect cost rate of 10.00 percent in accordance with the terms of the Texas Commission on Environmental Quality Grant
Agreement; and
4. 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 $186,268.66, for the purpose of funding ambient 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 that facilities are in compliance with air quality regulations and
by supporting reliable data collection for air pollutants. Of the four contracts, this contract is partially funded by the US Environmental Protection
Agency (US EPA) through its Section 105 Grant Program, administered by the TCEQ. The City of Fort Worth provides 33% matching funds. EPA
Section 105 Grant Funds have been received annually by the City for its Air Pollution Control Program in cooperation with TCEQ to maintain and
operate various ambient air monitoring stations.The City of Fort Worth provides 33% matching funds of the overall total of $186,268.66.
This contract specifically supports a portion of a regional ambient air pollution monitoring network. This includes daily monitoring of ozone, oxides
of nitrogen, carbon monoxide, solar radiation, and meteorological data. If executed, this contract will continue to require the City of Fort Worth to
operate local Continuous Air Monitoring Stations including an air pollutant monitor and calibrator operation and performing regular audit and
maintenance activities on the equipment. The TCEQ provides all air monitoring equipment, parts, and supplies for the proper operation of the air
monitoring samplers. The contract period will begin on September 1, 2023 and run through August 31, 2025, with a maximum amount
of $124,800.00 for reimbursement of expenses to the City.
Document M&C No. Approval Grant Matching Total
Date Amount Funds
Initial
Contract:
(24-month M&C 21-
contract 0856 11/09/21 $124,800.00 $61,468.66 $186,268.66
period:
FY22 &
FY23)
Amendment
#1: (24-
month
contract PENDING PENDING $124,800.00 $61,468.66 $186,268.66
period:
FY24 &
FY25)
TOTAL: $372,537.32
This grant covers the operation and maintenance of four Continuous Air Monitoring Stations as follows:
SITE NAME CAMS LOCATION CONTAMINANT CYCLE
# DETECTION
Keller
Arlington
Municipal
Airport
Eagle
Mountain
Lake
Ozone Continuous
CAMS 10230 Alta Vista
0017 Road, Fort Worth, Solar Radiation Continuous
Texas
Met Data Continuous
Oxides of Continuous
Nitrogen
CAMS 5504 South Ozone Continuous
0061 Collins Street,
Arlington, Texas
Solar Radiation Continuous
14290 Morris
CAMS Dido Newark
0075 Road, Eagle
Mountain, Texas
Met Data Continuous
Ozone Continuous
Solar Radiation Continuous
Met Data Continuous
CO Continuous
Fort Worth 1198 California
California CAMS Parkway North, Oxides of Continuous
Parkway 1053 Fort Worth Nitrogen
North
Met Data Continuous
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.
TCEQ PM 10 grant funds support the following five employee positions of Code Compliance Department, Environmental Quality Division:
• Environmental Supervisor: 20% FTE for $18,211.94 in the Air Quality Section.
• Senior Environmental Specialist: 25% FTE for $20,073.10 in the Air Quality Section.
• Environmental Specialist: 50% FTE for $30,430.89 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. 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 bv: Valerie Washington 6199
Oriainatina Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B. Carson 6336