HomeMy WebLinkAboutContract 42227 CITY SECRETARY
CONTRACT NO. 4 a-d�
Texas Commission on Environmental Quality
Intergovernmental Cooperative Reimbursement Contract
with
Federal, State and Local Governments and Agencies
CONTRACT SIGNATURE PAGE
Contract Name
Fort Worth Ozone Air Monitoring
Contract Number
582-12-10034
Performing Party City of Fort Worth
Performing Party Identification Number 17560005286
Maximum TCEQ Obligation:$60,000.00 Effective Date:9/1/2011 or Date of last Expiration Date:8/31/2012
signature,whichever is later.
The Texas Commission on Environmental Quality(TCEQ), an agency of the State of Texas, and the named Performing Party, a
governmental body, agency, or political subdivision of: the United States, the State of Texas, or another State, enter this
agreement(Contract)to cooperatively conduct authorized governmental functions and activities under the laws of the State of
Texas, including,the Interagency Cooperation Act,the Interlocal Cooperation Act, and Texas Water Code§§5.124 and 5.229.
The Parties agree:to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing Party;
as authorized by the TCEQ,the Performing Party will conduct Contract Activities as part of its own authorized governmental
functions and the TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards and this
Contract; the Performing Party is not a vendor of goods and services under Texas Government Code Chapter 2251, therefore,
no interest is applicable; and the Contract may be terminated by the TCEQ for its own convenience with 10 days'written notice.
Parties to the Contract: Texas Commission on (Performing Party)
Environmental Quality
(TCEQ)
By (Authorized Signature)
Pffa.�.rZ_
Prin mefAL David W. Bower, P.G. Fernando Costa
CITY SE RETARY
Title FT. WORTH, TX Director, Field Operations Support Assistant City Manager
Division
Date of Signature: SAO///
Procurement and Contracts L (IJ "!)
Representative t
Printed Name LaTresa Stroud, CTPM =a.4r. A,,rhorizatioz
Date
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n r () ^ APPROVED As TO,70Rht AND LEGALITY:
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Marty Hendrix, G S�en�t�► ��
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Approved Version: February 17,2011
Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
Intergovernmental Cooperative Reimbursement Contract
CONTRACT DOCUMENTS
The Contract between the TCEQ and the Performing Party is composed of the Contract Documents listed on this
page and marked by an 'X" Documents on this list include all amendments. The terms "Contract"and "Grant
Agreement" include all the Contract Documents. In the event of a conflict of terms, the Contract Documents as
amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if
any. All Contract provisions, however, are subject to control by the latest amendment and most specific provision
and by the applicable state and federal laws, rules, and regulations.
X Contract Signature Page
X Special Terms and Conditions
Federal Section (Including Federal Conditions and Completed Forms)
Documents Created during the Contract: Work Orders/Proposal for Grant Activities. For umbrella
contracts/grants, the following order takes precedence, with the most important first; all of which are subject
to control by the latest amendment:
Work Order/ Proposal for Grant Activities
Notice to Proceed/ Notice to Commence
TCEQ Approved Work Plan/Grant Activity Description
X Contract Activities("Scope of Work")
TCEQ Approved Work Plan/ Performing Party Proposal
Work Order Section
X General Terms and Conditions
X Contract Budget/Schedule of Fixed Cost for Reimbursement
X Project Representatives and Records Location
X Attachment A—Financial Status Report Form
X Attachment B—Release of Claims Form
Attachment C
Attachment D
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
Texas Commission on Environmental Quality
Intergovernmental Cooperative Reimbursement Contract
with
Federal, State and Local Governments and Agencies
CONTRACT ACTIVITIES
I. Facts/Purpose
This contract is for the service of operation and maintenance of three (3) continuous air monitoring stations (CAMS),
two located in Tarrant County, and a third in Parker County. All three stations will be equipped with an ozone
monitor and a meteorological tower to monitor for wind speed, wind direction, and temperature.
The Performing Party will adopt and perform all duties as specified in the TCEQ Quality Assurance Project Plan
(QAPP)for Air Monitoring in Texas for State and Local Air Monitoring Station (SLAMS)/Border, Particulate Matter of
2.5 Microns and Smaller(PM2.5) and Photochemical Assessment Monitoring Station (PAMS) Programs and all
applicable Standard Operating Procedures (SOP) and Preventive Maintenance Instructions(PMI)for the specified
instruments.
The TCEQ QAPP for the SLAMS/Border, PM2.5 and PAMS Programs can be read at
http://www.tceg.texas.gov/airquaIity/monops/biq_gapp.html.
II. TCEQ Responsibilities
1. Provide all equipment and supplies as necessary to perform operation, maintenance, and troubleshooting
of air monitoring equipment at the station.
2. Provide documentation for operation, maintenance, and troubleshooting of air monitoring equipment at
the station.
3. Provide instrument audits. On an ongoing basis, the TCEQ may audit monitors operated by the
Performing Party. Such audits are expected to be announced and access to the monitors and the
associated measurement data are expected to be coordinated with the Performing Party's staff. At least
one (1) audit per year should be expected. More frequent audits may occur if significant or persistent data
quality issues occur.
4. Provide data validation and data management functions.
5. Maintain ownership of all equipment.
III. Performing Party Responsibilities
1. Adopt and perform all duties according to the current TCEQ Quality Assurance Project Plans
(QAPPs). The Performing Party will be required to sign an acknowledgment form attesting to its adoption
of the TCEQ QAPPs.
2. Make routine visits to the site to check on systems operation and perform preventive maintenance at least
once every two weeks. Document all activities in the electronic log or hard copy log if no electronic log is
available. Document all activities in the electronic log at the site.
3. Every business day check the Leading Environmental Analysis and Display System (LEADS) network
status report on-line and investigate any warnings and/or failures from LEADS or any other source.
Investigation must be same-day if possible or at least on the next business day, as the warning and/or
failure and must include a site visit and email update on the situation to the TCEQ Project Manager.
4. Contact the TCEQ Project Manager or her designee before any instrument adjustments are made to
minimize possible instrument failure.
5. Provide appropriate response within a timely manner not to exceed two (2) business days to TCEQ staff
requests regarding the air monitoring station operation, maintenance, and data validation issues.
6. The Project Representative is the person authorized to receive directions from the TCEQ. The Project
Representative must be knowledgeable in the planning, content, and subject matter being addressed in
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
this monitoring program. The Representative must possess decision making ability and authority.
7. Provide phone, fax, email, pager, and physical address of all project representatives and operators. Must
provide updates when information changes.
8. Provide competent personnel with cell phone, and automobile to provide this on-site service.
9. In the case where an equipment failure requires a site visit, the Performing Party agrees to make the visit
on the same day, if possible, or at least on the next business day in order to minimize data loss.
10. Provide a quarterly report for any TCEQ fiscal year quarter in which the data completeness for the air
monitoring station is less than 85% or includes more than 120 hours of continuous data loss_including the
cause of the loss. The report must be submitted within 30 days after the end of the quarter.
11. May be required to provide travel to go from the site to Austin to swap out broken equipment, pick up
supplies for this service, and/or attend training in Austin.
12. The Performing Party shall ensure that its staff is adequately trained and qualified in order to perform
designated tasks. The Performing Party staff is required to attend TCEQ provided training, workshops,
and/or other activities designed to increase technical capabilities required to support this Agreement. It is
the responsibility of the Performing Party to identify and obtain any necessary safety training. The
Performing Party staff must have a thorough understanding of ambient air monitoring for operation of an
ozone monitor and a meteorological tower to monitor for wind speed, wind direction, and ambient
temperature and at least 6 months of hands on experience for same.
13. Maintain sites where the Sampler is located in a neat and orderly fashion.
IV. Description of Deliverables
1. Item 1 - Ozone continuous sampler or equivalent: Operation, maintenance, and QA/QC, per SOPs from
the TCEQ including FOSTAT-008 and PMI 4, 5, 9.
2. Item 2—Operation and maintenance of Dasibi, Series 5008 Programmable Multi-Gas Calibrator(Model
5008) or equivalent including FOSTAT-011 and PMI-10.
3. Item 3-Meteorological equipment including wind speed, wind direction, and temperature: Operation,
maintenance, and QA/QC, as per the SOPs including FOSTAT-025, FOSTAT-029 and PMI 26.
4. Item 4—Maintenance of site and trailer including PMI 1, 3, & 7.
V. Schedule of Deliverables
1. The continuous monitors must be visited at least once every two weeks. All activities must be
documented in the site log on the same day as they are completed.
2. The quality control reports including laboratory control checks must be conducted twice every calendar
quarter approximately 45 days apart and must be submitted to the project TCEQ QA/QC officer
designated by the TCEQ Project Manager within 2 business days after the quality control check is
completed.
3. Submit quarterly report of any data loss greater than 15% or more than 120 continuous hours by the 15tH
of the month following the TCEQ fiscal year quarter.
VI. Acceptance Criteria
85% or greater data return per quarter or payment may be adjusted except for acts of God or uncontrollable
circumstances outside of the Performing Party's control, as determined by the TCEQ.
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
SPECIAL TERMS AND CONDITIONS
These Special Terms and Conditions add to, or in the case of conflicts, supersede and take precedence over the General
Terms and Conditions set forth in this Contract.
1. Like Items/Services.The TCEQ may substitute like items or services, and/or add additional site locations during the
term of the Contract including any renewals and/or extensions.
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
GENERAL TERMS AND CONDITIONS
1. CONTRACT PERIOD
1.1 Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the
Signature Page of this Contract(Contract Period). If no Effective Date is provided, the Effective Date of the
Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the
same Fiscal Year in which the Contract is signed.
1.2 Renewal and Extension Period. The Contract may be extended by notice of the TCEQ beyond expiration of a
Contract Period for up to 90 days (Extension Period) during which the parties may agree on a written amendment
to extend the Contract for a longer period. Renewals and extensions do not extend any other deadlines or due
dates other than the expiration of the Contract Period.
1.2.1 This Contract is not subject to competitive procurement or grant regulations, and may be amended for
Renewal as needed.
2. DEFINITIONS
2.1 "Include."The word "include" and all forms such as"including" mean "including but not limited to" in the contract
and in documents issued in accordance with the contract, such as Work Orders (or Proposals for Grant Activities).
3. AUTHORIZATION
The Performing Party must obtain a written Notice to Proceed from the TCEQ Contract Manager to start activities.
Any performance of the activities prior to the Notice to Proceed is not reimbursable. At its option, the TCEQ may
issue a limited Notice to Proceed to authorize reimbursement for a portion of the activities.
4. FUNDS
4.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract
are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this
Contract or the respective claim, suit or obligation, as applicable.
4.1.1 The Performing Party will ensure that Article 4.1 is included in any subcontract it awards.
4.2 Amount Limits on Funds. The maximum reimbursement is shown on the Contract Signature Page.
4.3 Grants. If this Contract was entered under the TCEQ authority to award grants, the TCEQ is providing financial
assistance to the recipient to undertake its own project.
5. ALLOWABLE COSTS
5.1 Conforming Activities. The TCEQ will reimburse the Performing Party for Allowable Costs incurred and paid by
the Performing Party in performance of conforming Contract Activities. Allowable Costs are those costs for
conforming Contract Activities that are reasonable, necessary, actual, and authorized by this Contract and a
Notice to Proceed. Contract Activities must be authorized in writing to be eligible for reimbursement.
5.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards
(UGMS) and additional state and federal rules and law. The text of UGMS is available online at the Governor's
Website. (The link as of September 28, 2010 is http://www.governor.state.tx.us/files/state-
grants/UGMS062004.doc.) The parties agree that all the requirements of the UGMS apply to this Contract,
including the criteria for Allowable Costs. Additional federal requirements apply when federal funds are included in
the reimbursement.
6. REIMBURSEMENT
6.1 Reimbursement Request Deadline. The Performing Party shall submit all requests for payment to the TCEQ
prior to July 15 of the second fiscal year following the fiscal year for which the appropriation is made
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
6.2 Reimbursement Requests. The Performing Party shall invoice the TCEQ to request reimbursement for its
Allowable Costs for performing the Contract Activities. The Performing Party's invoice shall conform to the TCEQ's
reimbursement requirements.
6.3 Travel, Other Costs. Travel costs must be specifically authorized in advance of the travel. Travel costs,
including per diem, 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.
6.4 Supporting Records. The Performing Party shall submit records and documentation to the TCEQ as appropriate
for the review and approval of reimbursing costs. At a minimum, the Performing Party shall submit supporting
records with its invoices. The TCEQ may reject invoices without appropriate supporting documentation. The TCEQ
has the right to request additional documentation. The Performing Party shall maintain records subject to the
terms of this Contract.
6.5 Conditional Payments. Reimbursements are conditioned on the Contract Activities being performed in
compliance with the Contract. The Performing Party shall return payment to the TCEQ for either overpayment or
activities undertaken that are not compliant with the Contract Activities. This does not limit or waive any other
TCEQ remedy.
7. FINANCIAL RECORDS,ACCESS AND AUDITS
7.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as
acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. The Performing Party further agrees to fully cooperate with the State
Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records
requested. The Performing Party shall ensure that this clause concerning the authority to audit funds received
indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it
awards.
7.2 Financial Records. The Performing Party shall establish and maintain financial records including records of costs
of the Contract Activities in accordance with generally accepted accounting practices. Upon request the
Performing Party shall submit records in support of reimbursement requests. The Performing Party shall allow
access during business hours to its financial records by the TCEQ and other state agencies for the purpose of
inspection and audit. Records shall be maintained for a minimum of three years beyond the expiration or earlier
termination of this Contract, and three years after the end of any litigation or claims process, including appeals.
8. INDIRECT COST RATE
8.1 Authority for Indirect Cost Rates. The Performing Party shall comply with OMB Circular A-87 and the Uniform
Grant Management Standards (UGMS) relating to Indirect Cost Rates. In the event an audit changes the indirect
cost rate, the Performing Party agrees to waive additional indirect costs, or in the alternative, contribute the
difference between the contract indirect rate and audited indirect rate.
8.2 Indirect Cost Rate of Contract Activities. The cost of services provided to the TCEQ by another agency may
include allowable direct costs of the service plus a pro rata share of indirect costs, if authorized by the budget. A
standard indirect cost allowance equal to 10% of the direct salary and wage cost of the activity may be used in lieu
of determining the actual indirect costs of the activity.
9. AMENDMENTS
Changes to the Contract are only effective by a written amendment, signed and agreed to by the Parties.
10. CONTRACT INTERPRETATION
10.1 Interpretation of Time. All days are calendar days, unless stated otherwise. Days are counted to exclude the first
and include the last day of a period. If the last day of the period is a Saturday or Sunday, or a state or federal
holiday, it is omitted from the computation.
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10.2 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well
as applicable federal law.
10.3 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of competent
jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent
of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions
of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have
been replaced by a valid provision having as near an effect to that intended by the severed provision as will be
legal and enforceable.
11. PERFORMING PARTY'S RESPONSIBILITIES
11.1 Performing Party's Responsibility for the Contract Activities. The Performing Party undertakes performance of
the Contract Activities as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ
agent, employee or vendor of goods or services. The Performing Party agrees that the Contract Activities are
furnished and performed at the Performing Party's sole risk as to the means, methods, design, processes,
procedures and performance of the Contract Activities.
11.2 Independent Contractor. Nothing in this Contract shall create an employee-employer relationship between the
Performing Party and the TCEQ. Nothing in this Contract shall create a joint venture between the TCEQ and the
Performing Party. The parties agree that the Performing Party is an independent contractor.
11.3 Performing Party's Responsibility for Subcontractors. All acts and omissions of Subcontractors, Suppliers and
other persons and organizations performing or furnishing any of the Contract Activities under a direct or indirect
contract with the Performing Party shall be considered to be the acts and omissions of the Performing Party.
11.4 No Third Party Beneficiary. The TCEQ does not assume any duty to exercise any of its rights and powers under
the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between
the TCEQ and any of the Performing Party's subcontractors, suppliers or other persons or organizations with a
contractual relationship with the Performing Party.
12. RESERVED
13. CONFLICT OF INTEREST
The Performing Party shall timely notify the TCEQ in writing of any actual, apparent, or potential conflict of interest
regarding the Performing Party or any related entity or individual. No entity or individual with any actual, apparent,
or potential conflict of interest shall take part in the performance of any portion of the Contract Activities, nor have
access to information regarding any portion of the Contract Activities. The Performing Party agrees that the TCEQ
has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination
for cause.
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
14. INTELLECTUAL PROPERTY
14.1 Third Party Intellectual Property. Unless specifically waived, the Performing Party must obtain all Intellectual
Property licenses expressly required in the Scope of Work, or incident to the use or possession of the intellectual
property. The Performing Party shall obtain and furnish to the TCEQ: documentation on the use of such
Intellectual Property, and a perpetual, irrevocable, enterprise-wide license to reproduce, publish, otherwise use, or
modify such Intellectual Property and associated user documentation, and to authorize others to reproduce,
publish, otherwise use, or modify such Intellectual Property for the TCEQ non-commercial purposes, and other
purposes of the State of Texas.
14.2 Grant of License. The Performing Party grants to the TCEQ a nonexclusive, perpetual, irrevocable,
enterprise-wide license to reproduce, publish, modify or otherwise use for any non-commercial TCEQ purpose any
preexisting intellectual property belonging to the Performing Party that is incorporated into the Contract Activities,
intellectual property created under this Contract, and associated user documentation.
15. TIME DELAYS
15.1 Time is of the Essence. The Performing Party's timely performance is a material term of this Contract.
15.2 Delays. Where the Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ, the
TCEQ may withhold or suspend reimbursement, terminate the Contract, or enforce any of its other rights.
16. TERMINATION
16.1 Termination for Cause. The TCEQ may, upon 10 days'written notice and the opportunity to cure, terminate this
Contract for cause if the Performing Party materially fails to comply with the Contract including any one or more of
the following acts or omissions: nonconforming Contract Activities, existence of a conflict of interest, failure to
provide evidence of required insurance coverage and failure to comply with HUB requirements in law or this
Contract. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law.
16.2 Termination for Convenience. The TCEQ may, upon 10 days'written notice, terminate this Contract for
convenience. Termination shall not prejudice any other right or remedy of the TCEQ or the Performing Party. The
Performing Party may request reimbursement for: conforming Contract Activities and timely, reasonable costs
directly attributable to termination. The Performing Party shall not be paid for: work not performed, loss of
anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the
termination.
16.3 If, after termination for cause by the TCEQ, it is determined that the Performing Party had not materially failed to
comply with the Contract, the termination shall be deemed to have been for the convenience of the TCEQ.
17. INSURANCE AND INDEMNIFICATION
17.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain
during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ
from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless
specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability
Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance.
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17.2 Indemnification.TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL
CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF THE PERFORMING PARTY TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND THE PERFORMING PARTY AND THEIR
OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, LIABILITIES,
DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT
ACTIVITIES BY THE CONTRACTOR OR ITS CONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING
THOSE ARISING FROM A DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT
OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS,
REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF THE TCEQ SHALL BE
SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT
THE TCEQ. THIS COVENANT SURVIVES THE TERMINATION OF THE CONTRACT.
18. DISPUTES, CLAIMS AND REMEDIES
18.1 Payment not a Release. Neither payment by the TCEQ nor any other act or omission other than an explicit
written release constitutes a release of the Performing Party from liability under this Contract.
18.2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the
following Schedule of Remedies applies to this contract. In the event of the Performing Party's nonconformance,
the TCEQ may do one or more of the following:
18.2.1 Issue notice of nonconforming performance;
18.2.2 Reject nonconforming performance and request corrections without charge to the TCEQ;
18.2.3 Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the
nonconformity;
18.2.4 Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the
nonconformity;
18.2.5 Demand restitution and recover previous payments where performance is subsequently determined
nonconforming;
18.2.6 Terminate the contract without further obligation for pending or further payment by the TCEQ and receive
restitution of previous payments.
18.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming
performance, if possible under the circumstances.
18.4 Cumulative Remedies. Rights and remedies in this Contract are in addition to, and are not in any way a limitation
of, any rights and remedies available under state and federal rules, regulations, and laws and at common law.
19. Sovereign Immunity
The parties agree that this Contract does not waive sovereign immunity relating to suit, liability, or payment of
damages.
20. MISCELLANEOUS
20.1 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments
by the Performing Party will be binding on the TCEQ without its written consent, except as restricted by law. No
assignment will release or discharge the Performing Party from any duty or responsibility under the Contract.
20.2 Venue. The Performing Party agrees that the Contract is being performed in Travis County, Texas, because this
Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that
any cause of action involving this Contract arises solely in Travis County, Texas.
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20.3 Publication. The Performing Party agrees to notify the TCEQ five days prior to the publication or advertisement
of information related this Contract. The Performing Party agrees not to use the TCEQ logo or a TCEQ graphic as
an advertisement or endorsement without written permission signed by the appropriate TCEQ authority.
20.4 Waiver. With the exception of an express, written document signed with authority by the TCEQ, no act or
omission will constitute a waiver or release of the Performing Party's obligation to perform conforming Contract
Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other
occasion.
20.5 The TCEQ relies on the Performing Party to perform all Contract Activities in conformity with all applicable laws,
regulations, and rules and obtain all necessary permits and licenses.
20.6 Survival of Obligations. Except where a different period is specified in this Contract or applicable law, all
representations, indemnifications, and warranties made in, required by or given in accordance with the Contract,
as well as all continuing obligations indicated in the Contract, survive for four years beyond the termination or
completion of the Contract, or after the end of a proceeding which was brought under the Contract, or if the TCEQ
has notified the Performing Party of an on-going proceeding. A proceeding includes any litigation, legal
proceeding, permit application, State Office of Administrative Hearings proceeding, or similar activity listed in a
TCEQ notice to the Performing Party.
20.7 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or
affect the meaning or construction of any provision of this Contract.
20.8 Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and
deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract.
20.9 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an
original and each copy constitutes one and the same Contract.
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21. PROJECT REPRESENTATIVES AND RECORDS LOCATION
21.1 TCEQ Project Representative. The individual named below is the TCEQ Project Representative, who is
authorized to give and receive communications and directions on behalf of the TCEQ. All communications
including all payment requests must be addressed to the TCEQ Project Representative or his or her designee.
Kristin Bourdon Telephone No.: (512)239-0883
Proiect Manager 165 Facsimile No.: (512)239-1605
(Title) (Mail Code)
Texas Commission on Environmental Quality
P.O.Box 13087
Austin,Texas 78711-3087
21.2 Performing Party Project Representative. The individual named below is the Performing Party Project
Representative, who is authorized to give and receive communications and directions on behalf of the Performing
Party. All communications to the Performing Party will be addressed to the Performing Party Project
Representative or his or her designee.
For Technical Matters:
T.C.Michael Telephone No.: (817)392-5455
(Name)
Environmental Program Manager Facsimile No.: (817)392-6359
(Title)
1000 Throckmorton Street
(Mailing Address)
Fort Worth Texas 76102-6311
(City) (State) (Zip Code)
For Contractual Matters:
Zenaida DeBarr Telephone No.: (817)392-8327
(Name)
Senior Accountant Facsimile No.: (817)392-2514
(Title)
1000 Throckmorton Street
(Mailing Address)
Fort Worth Texas 76102-6311
(City) (State) (Zip Code)
21.3 Submittal of Payment Requests. Payment requests must be submitted to (whichever is checked):
X the TCEQ Project Representative.
the TCEQ Disbursements Section.
(if neither box is checked, payment requests must be submitted to the TCEQ Project Representative).
21.4 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:
Michael Kazda Telephone No.: (817)392-8136
(Name)
Environmental Program Supervisor Facsimile No.: (817)392-6359
(Title)
908 Monroe Street
(Mailing Address)
Fort Worth Texas 76102-6311
(City) (State) (Zip Code)
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
CONTRACT BUDGET FOR ACTUAL COST REIMBURSEMENT
22. CONTRACT BUDGET
22.1 Budget. Authorized budgeted expenditures for Work Performed are as follows:
00: �t�m Cost.tolr Work to be Perfamtacl
y
t' ScinnBl%Sal $ 37,162.03
Ft1n e. riets=x' $ 11,981.04
gavel=. r f .
$ 0.00
au ' lies $ 181.00
. orit. $ 0.00
;; cintiwagtal $ 0.00
Cdnscn , 3ff $ 0.00-1
$ 120.00
niiref,C�sts. $ 10,555.93
$60,000.00
22.2 Indirect Cost Rate.
22.2.1. The indirect cost rate may be a rate that has been determined by a federal cognizant agency or by a state
coordinating agency or may be a rate negotiated and agreed on by the parties.
22.2.2 Federal and State Agency Rate. The requirements applicable to federal and state agency rates are
contained in Circulars of the federal Office of Management A-87 and Budget and UGMS. The Performing Party
shall provide the TCEQ with documentation of the federal or state agency determination.
22.2.3. Negotiated Predetermined Final Rate. The TCEQ and the Performing Party may negotiate a
predetermined final indirect cost rate for the term of the contract based on the cost experience and other pertinent
facts that are sufficient to enable the parties to reach an informed judgment(1) as to the probable level of indirect
costs in the Performing Party's programs during the term of the Contract, covered by the negotiated rate, and (2)
the amount allowable under that predetermined rate would not exceed the indirect costs as determined under the
federal or state agency rate. The negotiated predetermined indirect cost rate for the term of this contract, including
renewals and extensions is final and is not subject to change in the rate or the amount except as agreed by the
parties in written contract amendment. If the negotiated predetermined final rate is less than the federal or state
agency determined rate, the Performing Party may claim the difference in the resulting amount as a matching
contribution. .
22.2.4. The indirect rate of the Performing Party for this contract is 21.48 % of Personnel/Salary/Fringe.
22.3 Budget Control and Transfers. Cumulative transfers among the budgeted direct cost categories must not
exceed ten percent(10%) of the current Total Budgeted amount. If Work Orders are included in this Contract,
cumulative transfers among the budgeted direct cost categories must not exceed ten percent(10%) of the current
Total Budgeted amount for each Work Order.
22.4 Submittal of Payment Requests. Unless otherwise stipulated in the Contract, payment requests must be
submitted at least quarterly. Invoices shall be submitted within 60 days of the last working day in August for each
fiscal year that is to be invoiced, unless a later time is otherwise approved in writing by the TCEQ.
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
Attachment A
Financial Status Report
1. STATE AGENCY ORGANIZATION
UNIT TO WHICH REPORT IS
SUBMITTED:
2. GRANT/CONTRACT TITLE:
3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS,
INCLUDING ZIP CODE) :
5. TCEQ CONTRACT NUMBER:
6. FINAL YES NO
REPORT:
7. ACCOUNTIN CASH ACCRUAL
G BASIS:
8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT:
O FROM O
10. BUDGET Approved Project Cost Cumulative Balance**
CATEGORIES: Bud et This Report Project Cost
a.Personnel/Salary
b.Fringe Benefits
c.Travel
d.Supplies
e.Equipment
f.Contractual
g.Construction
h.Other
i.Total Direct Costs
Sum a-h
j.lndirect Costs
k.Total (Sum of i&j)
List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories.
Please attach receipts, as required, in accordance with Attachment B of our contract.
"Negative balances in any of the budget categories should be explained in a brief accompanying narrative.
11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unliquidated obligations are for the purposes set forth in the award document.
Signature of Authorized Certifying Official
�yped or Printed Name and Title
elephone (Area code, number and ext.) Date Submitted
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
EQUIPMENT PURCHASES (during this reportperiod)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description COST COST
provided forapproval)
TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form
jr-69a
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR(NAME) FOR COST(THIS PERIOD) TASKS
TOTAL CONTRACTUAL EXPENDITURES (must agree with line 1 O on Form 269a)
*LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR
EXPENDITURE.
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
ITEMIZATION OF CONSTRUCTION COSTS
CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE COST(THIS PERIOD) TASKS
IF 7-
-1E I
IL
-IF
IF --7
1 1
IF-
IF
7F-
IF
I[ E
TOTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 269a) $
"LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for approval) COST COST
�OTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 269a) is
OTHER EXPENDITURES (during this report period)
NUMBER DESCRIPTION UNIT TOTAL TASKS
PURCHASED COST COST
TOTAL OTHER EXPENDITURES (must agree with line 10h on Form 269a) $
'LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT
EQUAL OR EXCEED $500.
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS
PERSONNEL/SALARY EXPENDITURES (during this report period)
EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS
PERIOD
OTAL
PERSON NEUSALARY EXPENDITURES (must agree with line 10a on Form 269a)
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION REASON COST(THIS PERIOD TASKS
TOTAL TRAVEL EXPENDITURES (must agree with line 10c on $
Form 269a
* SUBSTANTIATING DOCUMENTATION (time sheets,travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS
FORM
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
Financial Status Report Preparation Instructions
1. The Performing Party, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a
completed,legible TCEQ Financial Status Report(TCEQ Form 269a)and any required TCEQ Supplemental 269a forms. Unless
directed otherwise in the Contract,the Performing Party shall submit such payment request documents by not later than twenty-
one(21)days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas
fiscal year quarters(September-November;December-February,March-May;June-August). Each Financial Status Report shall
indicate, for each budget sub-category the Performing Party's project expenditures for the period in question, the cumulative
expenditures with respect to each budget sub-category, and the balance remaining in each budget sub-category following
reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred
during the report period.
2. All requests for reimbursement of expenditures that fall within either the"Equipment"or"Contractual"categories of the Contracts
Cost Budget shall be itemized by the Performing Party on Supplemental Form 269a-1 and identified with respect to the majortasks
or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition,the Performing Party shall
attach,for each reimbursable cost listed on Supplemental Form 269a-1,legible documentation that(1)serves to further identify
the specific piece of equipment received or the services provided,(2)clearly identifies the vendor or subcontractor who provided
the equipment or services,and(3)that confirms the reimbursable amount listed on the form. In the case of equipment purchases,
the attached documentation shall be either a purchase order marked "received/paid" or a vendor-submitted invoice similarly
marked. In the case of subcontractor provided services,the documentation shall consist of a dated invoice that shows the amount
billed to the Performing Party and any"past due"amount from previous invoices.
3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the Contracts
Cost Budget shall be itemized by the Performing Party on Supplemental Form 269a-2 and identified with respect to the majortasks
or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition,the Performing Party shall
attach,for each reimbursable cost listed on Supplemental Form 269a-2,legible documentation that(1)serves to further identify
the specific cost,(2)clearly identifies the vendor or subcontractor who provided the construction related materials or services,and
(3) that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order
marked "received/paid" or an invoice similarly marked. In the case of subcontractor provided construction services, the
documentation shall consist of a dated invoice that shows the amount billed to the Performing Party and any"past due"amount
from previous invoices.
4. All requests for the reimbursement of expenditures that fall within either the"Supply"or"Other"categories of the Contracts Cost
Budget shall be itemized by the Performing Party on Supplemental Form 269a-3 and identified with respect to the major tasks or
objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, for any single-listed item or
service costing more than$500,the Performing Party shall attach,for each reimbursable cost listed on Supplemental Form 269a-
3, legible documentation that (1) serves to further identify the specific items or services, (2) clearly identifies the vendor or
subcontractor who provided the items or services, and (3)that confirms the reimbursable amount listed on the form. Although
issued purchase orders and/or invoices marked"received/paid"represent the preferred types of documentation for purposes of
this section,the Performing Party may substitute/attach other records or documents that provide the same type of information.
The Performing Party shall not intentionally break up single orders of identical or similar items,materials or supplies simply forthe
purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the
TCEQ.
5. All requests for reimbursement of expenditures that fall within either the"Personnel/Salary"or"Travel"categories of the Contracts
Cost Budget shall be itemized by the Performing Party on Supplemental Form 269a-4 and identified with respect to the major tasks
or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. Although no supporting documentation is
required to be attached to Supplemental Form 269a-4 with respect to reported"Personnel/Salary"expenditures in orderto receive
reimbursement,the Performing Party is expected to maintain signed time sheets that can serve to verify the total,overall hours of
staff time being directly billed to this Contract. With respect to employee travel,all costs listed on Form 269a-4 must be supported
by attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable costs.
Documentation,for the purpose of substantiating travel-related costs,includes the following:(1)legible copies of the Performing
Party-approved travel vouchers, signed by the employees who traveled, and (2) for any travel-related expenses under this
contract borne directly by the Performing Party(and thus for which reimbursement by the Performing Party to the traveler was not
required)separate receipts showing, at a minimum,the traveler's name, the travel location, and the travel date(s).
6. When a single expenditure supports or satisfies more than one task or objective,the Performing Party need not breakdown that
particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or
objectives supported.
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Contract Name: Forth Worth Ozone Air Monitoring TCEQ Contract Number: 582-12-10034
Attachment B
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Release of Claims
hereby releases the Texas Commission on Environmental Quality (TCEQ), its officers,
agents, and employees from any and all future claims arising under or by virtue of TCEQ Contract Number.
Further certifies that all subcontractors, suppliers, employees and any party which has performed or provided
service for this contract has been paid in full and satisfied.
All services and tasks required to be completed under the referenced contract have been completed.
Prompt payment, therefore, of any and all funds which may have been "retained" by TCEQ in accordance with
said contract is requested.
Executed on this day of , 20_.
By:
(signature)
(name, typed or printed)
(title)
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M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT` j�ORT11
DATE: 8/23/2011 REFERENCE NO.: "'C-25113 LOG NAME: 20TCEQ OZONE
CONTRACT FY11-12
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Intergovernmental Cooperative Reimbursement Contract in the
Amount of$60,000.00 with the Texas Commission on Environmental Quality for the
Operation of Ozone Monitoring Stations, Apply Indirect Costs at Approved Percentage
Rate and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council: .
1. Authorize the City Manager to execute an Intergovernmental Cooperative Reimbursement Contract
with the Texas Commission on Environmental Quality at a maximum amount of$60,000.00 for the
contract period September 1, 2011 through August 31, 2012;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$60,000.00 in Fiscal Year 2011-2012, subject to receipt of an executed
contract; and
3. Apply indirect cost at the rate of 21.48 percent in accordance with the terms of the
Am Intergovernmental Cooperative Reimbursement Contract.
DISCUSSION:
The Transportation and Public Works Department, Environmental Services Division operates and
maintains three continuous air monitoring stations for the Texas Commission on Environmental
Quality (TCEQ). One station is located in the Keller area, another is near Annetta in Parker County
and the third is located in the northwest corner of Tarrant County. All three stations are equipped
with an ozone monitor and a meteorological tower to monitor wind speed, wind direction and
temperature. These monitors are part of the state initiative for Environmental Monitoring for Public
Access and Community Tracking of ozone air pollution in the Fort Worth/Dallas area.
The TCEQ provides all the air monitoring equipment, parts and supplies for the proper operation of
the air monitoring stations and is contracting with the City of Fort Worth for the operation and
maintenance of these monitoring stations. The City will be responsible for retrieving the sampling
data, sending it for analysis and performing regular audit and maintenance activities on the
equipment. There is no local match required under this contract.
This term of the contract is September 1, 2011 through August 31, 2012 with a not to exceed amount
of $60,000.00 for the contract.
Air monitoring stations support community tracking of ozone air pollution in all Council Districts.
FISCAL_INFORMATION/CERTIFICATION:
The Financial Management Services Director 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, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet.org/council_packet/mc review.asp?ID=15735&councildate=8/23/2011 8/22/2011
M&C Review Page 2 of 2
2 G_1- R7_6 5_ $60,000.00
(SARIOUS) 020412209010
2) GR76 451543 020412209000 $60,000.00
Submitted for Ci. Manager's Office b- Fernando Costa (6122)
Originating Department Head: Douglas Wersig (7801)
Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
20TCEQ OZONE CONTRACT FYI 11 12_AON.d_oc
http://apps.cfwnet.org/council_packet/mc—review.asp'?ID=I 5735&councildate=8/23/201 1 8/22/2011