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HomeMy WebLinkAbout055747-A5 - General - Contract - Texas Commission on Environmental Quality (TCEQ)CITY SECRETARY Contract Number 582-21-22371 CONTRACT NO. 55747-A5 AMENDMENT NUMBER 5 In accordance with General Term and Condition sub -article 1.2, Amendments, Texas Commission on Environmental Quality ("TCEQ') and the City of Fort Worth agree to amend Contract 582-21-22371 (Contract) as follows: 1. This amendment extends the term of the Contract to July 31, 2026, by exercising the fourth of its four renewal options, in accordance with Special Term and Condition, Article 1. 2. The maximum TCEQ obligation is increased by $380,000.00. The total compensation possible under this contract is: The Original Contract Amount (FY21-22) $500,000.00 Contract Amendment 1 (FY23 Renewal) $380,006.00 Contract Amendment 2 (FY24 Renewal) $380,006.00 Amendment 3 (FY25 Renewal) $284,729.50 Amendment 4 (FY25 No -Cost Extension) $0.00 Amendment 5 (FY26 Renewal) $380,000.00 The Total Contract Amount $1,924,741.50 3. The TCEQ has reviewed and approved the budget submitted by the City of Fort Worth. The Cost Budget for Fiscal Year 2026 is hereby included in its entirety by Attachment A of this Amendment. 4. The following are added as Special Term and Condition 14: 14. RECORDS AND CONFIDENTIAL INFORMATION: 14.1. For records in the possession of TCEQ. Performing Party agrees that TCEQ shall have the discretion to determine whether information in its possession should be released or whether an exception should be pursued from the Office of the Attorney General of Texas (OAG). If TCEQ receives a PIA request related to the information that the Performing Party has submitted and marked confidential, TCEQ will inform Performing Party of the request in a timely manner sufficient to permit Performing Party to make an argument of confidentiality to the OAG. 14.2. For Records in the Possession of Performing Party or a Subrecipient to which the PIA Applies. If Performing Party or a subrecipient receives a request for the documents and records, it shall inform the TCEQ (and any awarding agency through whom funds from the TCEQ have passed) of the request in a timely manner sufficient to permit TCEQ to specify that the Performing Party request, or require its subrecipient to request, an opinion from the OAG so that TCEQ may make an argument of confidentiality to the OAG. 14.3. For Records in the Possession of a Performing Party, Contractor, Subcontractor, or a Subrecipient to which the PIA does not Apply. If the Performing Party's contractor or subcontractor or subrecipient to which the PIA does not apply receives a PIA request, Performing OFFICIAL RECORD Page 1 of 6 CITY SECRETARY Amendment 5 FT. WORTH, TX Contract Number 582-21-22371 Party shall require its contractor or subcontractor to immediately transfer to the Performing Party (or subrecipient with whom it is in a contractual relationship) a copy of the request and all documents that are responsive to the request. The term above regarding records in the possession of the Performing Party or a subrecipient will then apply. 14.4. Performing Party shall ensure that its subgrants and contracts/subcontracts include language to enforce these requirements. 14.5. Confidential Information. 14.5.1. TCEQ's Confidential Information. If TCEQ provides Performing Party information identified as confidential or proprietary, Performing Party has a duty to maintain its confidentiality and prevent unauthorized release, except as required under the PIA and as set forth in the Public Information and Release of Information term above. Performing Party is permitted to use, copy, and disclose confidential information to Performing Party employees, subrecipients, and contractors only as necessary to fulfill Performing Party's obligations. 14.5.2. Performing Party's Confidential Information. If Performing Party submits information to TCEQ that it believes is subject to a PIA exception and should not be released, it shall mark each page of such information with "CONFIDENTIAL; INFORM PERFORMING PARTY AND SEEK OAG OPINION PRIOR TO RELEASE" or a similar statement. TCEQ will handle requests for information marked confidential by the Performing Party as set forth in the Public Information and Release of Information provision. The following information is considered public information under Texas Government Code Section 552.1101(b) regardless of whether Performing Party identifies it is as being confidential: 14.5.2.1. information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body; or 14.5.2.2. communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body. 14.5.3. Information specified in Texas Government Code Section 552.0222 as not being within an exception to disclosure is releasable regardless of whether Performing Party identifies it is as being confidential. 14.6. Performing Party must take reasonable cybersecurity and other measures to safeguard information including protected personally Page 2 of 6 Amendment 5 Contract Number 582-21-22371 identifiable information (PII) and sensitive information. Performing Party must be in compliance with applicable federal, state, and local laws regarding privacy and obligations of confidentiality. All other conditions and requirements of Contract Number 582-21-22371 remain unchanged. TCEQ: Texas Commission on Environmental Quality By: (Signat re) Kristi Mills-Jurach , P.E. (J (Printed Name) Interim Director, Office of Compliance and Enforcement (Title) 09/05/2025 (Date Signed) ATTEST: y Jannette Goodall City secretary PERFORMING PARTY: City of Fort Worth Valerie Washington Sep 3,202510:56:44 CDT) (Signature) Ms. Valerie Washington (Printed Name) Assistant City Manager (Title) 09/03/2025 (Date Signed) APPROVED AS TO FORM AND LEGALITY: h11.1��.4cuGv—,ll Assistant City Attorney: Kevin Anders OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 6 Amendment 5 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: a. Direct Costs Budget Category Cost for Work to be Performed Salary / Wages $196,000.00 Fringe Benefits $95,726.40 (48.84) Travel $673.60 Supplies $14,000.00 Equipment $ 3 7, 000.00 Contractual $0.00 Construction $0.00 Other $17,000.00 Total Direct Costs $360,400.00 b. Indirect Costs Distribution Base Amount $196,000.00 (identify Base type below) Indirect Cost Rate for 10% Reimbursement Total Indirect Costs $19,600.00 c. Maximum Authorized Reimbursement Maximum Authorized Reimbursement (Direct $380,000.00 and Indirect Costs) 2. Indirect Cost Distribution Base. The Distribution Base above is (check one): ❑ direct salary/wages and fringe benefits ❑ modified total direct costs ® other direct cost Base If other direct cost Base, identify: Salary Page 4 of 6 Amendment 5 Contract Number 582-21-22371 The indirect cost rate is (check one): ❑ Predetermined Rate— an indirect rate that is negotiated between the Performing Party and its federal cognizant agency and supported by a current Negotiated Indirect Cost Rate Agreement (NICRA) letter. A Predetermined Rate is not subject to adjustment except as provided by 2 Code of Federal Regulations (CFR) § 200.411. ❑ De Minimis Rate— if Performing Party does not have a current negotiated indirect rate, Performing Party may use a standard rate of ten percent of Modified Total Direct Costs (MTDC) in lieu of determining the actual indirect costs of the service. Costs must be consistently charged as either indirect or direct costs. ❑ Partial Reimbursement Rate— a reimbursement rate agreed to between TCEQ and Performing Party that is less than the rate authorized under TxGMS or, where applicable, 2 CFR Part 200. Performing Party contributes all of its unreimbursed indirect costs to the successful performance of the project or projects funded under this Contract, in accordance with Article 9 of this section. ® Other: De Minimis rate of 10% with a base of salary. 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 are representative of the items of cost found in TxGMS and 2 CFR Part 200, and have the definitions, requirements, and limitations found therein. 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 cost budget categories so long as cumulative transfers from 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 acknowledgement 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 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. d. If a transfer between approved cost budget categories results in a change in the total reimbursable indirect cost amount, the change in the reimbursable indirect Page 5 of 6 Amendment 5 Contract Number 582-21-22371 cost amount is subject to the requirements of this Budget Control clause and must be documented in the BRR or an amendment, as applicable. The Performing Party may elect to reduce the reimbursable indirect cost amount below its total indirect costs to meet the requirements of this Budget Control clause. 7. Invoice Submittal. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met. Unless otherwise stipulated in the Contract, invoices, including the Financial Status Report (or if allowed specifically in the Contract, substitute form(s)), must be submitted to the individual named in the Notices, Project Representatives and Records Location document at the following intervals. ® Monthly ❑ Quarterly Invoices shall be submitted within ® 30 days ❑ 45 days of the end of the interval checked above. Final invoices shall be submitted within 30 calendar days after completing the Scope of Work activities. TCEQ may unilaterally extend this deadline by e-mail. 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. 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 or, where applicable, 2 CFR Part 200. 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 the project(s) funded under this Contract, and waives any right it may have to reimbursement of those costs. Performing Party must fund all unreimbursed indirect costs from sources that may be properly used to fund such unreimbursed costs (e.g., unrestricted funds). Performing Party must not charge unreimbursed indirect costs to a different state or federal grant without each grantor's written permission. a. If this Contract requires matching funds, Performing Party may, with written TCEQ approval (and federal awarding agency approval if the match is required by a federal grant), claim its unreimbursed indirect costs as part or all of its match. Page 6 of 6 Amendment 5 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/24/25 M&C FILE NUMBER: M&C 25-0656 LOG NAME: 22TCEQ WHOLE AIR MONITORING CONTRACT FY26 AMENDMENT 4 SUBJECT (ALL) Authorize Execution of the Fourth Amendment to the Texas Commission on Environmental Quality Federally Funded Reimbursement Grant Agreement in an Amount Up to $380,000.00 for Whole Air Monitoring Operations and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of the fourth amendment to the Texas Commission on Environmental Quality federally funded reimbursement grant agreement (City Secretary Contract Number 55747) in an amount up to $380,000.00 for the purpose of whole air monitoring operations for a twelve-month term beginning on June 1, 2025 and expiring on May 31, 2026; 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 an amount up to $380,000.00, for the purpose of whole air monitoring operations. DISCUSSION: The City of Fort Worth operates a comprehensive air quality program with the Texas Commission on Environmental Quality (TCEQ) under four separate, but related, contracts. 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. This Mayor and Council Communication (M&C) addresses the Whole Air Monitoring Operations contract between the City and TCEQ (City Secretary Contract Number 55747) ("Contract"). The Whole Air Monitoring Operations contract specifically supports air monitoring operations for early detection of bioterrorism attacks within the City of Fort Worth ("City") and Tarrant County. Upon approval, this amendment to the Contract will require the City to operate local air pollution monitors. Grant activities with this award include retrieving the sampling filters and data, sending filters and data for analysis, and performing regular audit and maintenance activities on the equipment. The Department of Homeland Security provides all air monitoring equipment, parts and supplies for the proper operation of the air monitoring samplers. The Department of Homeland Security (DHS) fully funds the Whole Air Monitoring Operations grant program. TCEQ administers funding for this grant program in Texas. There are no local matching funds required for this grant contract. The City annually receives DHS Funds for its Whole Air Monitoring Program in cooperation with TCEQ to maintain and operate various whole air monitoring stations. Approval of this Mayor and Council Communication (M&C) will amend the Contract to increase the total amount reimbursable to the City to a maximum amount up to $380,000.00 for the City's expenditures. The City will also renew the agreement for its fourth and final renewal term, which will begin on June 1, 2025. DOCUMENT VI&C No. Approval Grant Total Date Amount nitial Contract: 21-0314 05/04/2021 $500,000.00 $500,000.00 roject 4103407(FY21- ?2) ,amendment 1 22-0506 06/28/2022 $380,006.00 $380,006.00 FY23) Amendment 2 23-0486 06/13/2023 $380,006.00 $380,006.00 FY24) .amendment 3 24-0590 06/25/2024 $284,729.50 $284,729.50 FY25) Amendment Pending Pending $380,000.00 $380,000.00 (FY26) This Amendment TOTAL: $1,924,741.50 This grant includes three authorized positions in the Environmental Services Department for air quality monitoring. Salary and Fringe will be funded in an estimated amount up to $291,726.40. Indirect costs will be recovered under this grant at a rate of ten percent and estimated amount up to $19,600.00. If these funds become unavailable the Environmental Services Department would determine a transition plan to discuss where funding would come from for this program. No City funds will be expended before the contract amendment is approved. Because this is a reimbursement grant, upon approval and acceptance of the grant and execution of the amendment to the contract, City funds will be spent before it receives grant funds. There is no grant application repository number, as the Environmental Services Department does not apply for these funds. Funding is based on the Contract between the City and TCEQ to operate the air quality program as stated above. 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: Texas Commission on Environmental Quality 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 Environmental Services 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 Environmental Services 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: Additional Information Contact: Valerie Washington 6199 Cody Whittenburg 5455 Nixalis Benitez 8570 Wyndie Turpen 6982 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 411L— NAME SIGNATURE ENVIRONMENTAL SUPERVISOR TITLE FORTWORTH- City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Texas Commission on Environmental Quality Subject of the Agreement: Whole Air Monitoring Field Operations: Supports air monitoring operations for early detection of bioterrorism attacks within the City of Fort Worth ("City") and Tarrant County. Activities with this award include retrieving the sampling filters and data, sending filters and data for analysis, and performing regular audit and maintenance activities on the equipment. M&C Approved by the Council? * Yes ❑✓ No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑✓ No ❑ 55747-A5 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No ❑✓ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: September 1, 2025 If different from the approval date. Expiration Date: July 31, 2026 If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 103407 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin4 in the followin4 order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.