HomeMy WebLinkAboutContract 42227-E5 CITY SECRETAR"Y"
CONTRACT NO
CITY Or FORT WORTH_CAMS CONTRACT NUMBER 582-12.10 034
AMENDMENT #5
The Texas Commission on Environmental Quality("TCEQ")hereby amends Contract#582-12-
10034 with the City of Fort Worth("PERFORMING PART'")to extend the expiration date of
the Contract by go days. General Terms and Conditions,paragraph 1.2 gives TCEQ the right to
issue this unilateral extension.
1. The Term of the Contract is extended to November 29,2015.
All other conditions and requirements of Contract Number 582-12-10034 remain unchanged.
TCEQ:
Texas Commission on Environmental Quality
(Signature)
Patricia De La Cruz
(Printed Name)
Manager,Ambient Monitoring Section
(Title)
(Date Signed)
Ca tract thoriz tide
`i(°"T T
Ordinance No. 21399-08-2014
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $35,000, FOR
THE PURPOSE OF EXECUTING AMENDMENT NO. 4 TO CITY SECRETARY
CONTRACT NO. 42227, AN INTERGOVERNMENTAL COOPERATIVE
REIMBURSEMENT AGREEMENT WITH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY AT A MAXIMUM AMOUNT OF $35,000.00 FOR
THE CONTRACT PERIOD SEPTEMBER 1, 2014 THROUGH AUGUST 31, 2015;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2014-2015 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Grants
Fund in the amount of$35,000, for the purpose of executing Amendment No. 4 to City Secretary Contract
No. 42227, an Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on
Environmental Quality at a maximum amount of$35,000.00 for the contract period September 1, 2014
through August 31,2015.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in fiffl force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 20952-09-2013 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions
of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
allll�- 4
Assistant City Attorney 4\4dry J.
ADOPTED AND EFFECTIVE:August 26,2014
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City of Foil Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 8/26/2014 - Ordinance No. 21399-08-2014
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DATE: Tuesday, August 26, 2014 REFERENCE NO.: **C-26929
LOG NAME: 20TCEQ NOX CONTRACT FY14-15
SUBJECT:
Authorize Execution of Amendment No. 4 to City Secretary Contract No. 42227, an Intergovernmental
Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality for the
Operation and Maintenance of Nitrogen Oxides Monitoring Network in the Amount of$35,000.00 for a Total
Contract Amount of$185,384.00, Apply Indirect Costs at Approved Percentage Rate and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Amendment No. 4 to City Secretary Contract No. 42227, an
Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental
Quality at a maximum amount of$35,000.00 for the contract period September 1, 2014 through August
31, 2015;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$35,000.00 in Fiscal Year 2014-2015, subject to receipt of an executed
contract; and
3. Apply the indirect cost at the rate of 21.48 percent in accordance with the terms of the
Intergovernmental Cooperative Reimbursement Contract.
DISCUSSION:
The Transportation and Public Works Department, Environmental Management Division will operate and
maintain the continuous air monitoring stations for the Texas Commission on Environmental Quality
(TCEQ). One station is located in north Fort Worth off of Alta Vista Road (TCEQ Station Name: Keller
C17), another is near Eagle Mountain Lake (TCEQ Station Name: Eagle Mountain C75). Both stations
are equipped with nitrogen oxides monitors. 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.
Contract Amendment No. 4 renews the contract, extends its term, and increases the total compensation
possible for the contract to include funding for Fiscal Year 2015.
Lognazne: 20TCEQ NOS CONTRACT FY14-15 Page 1 of 2
Document M&C No. - Approval Date Amount
Initial Contract F—C-25113 08!23/2011 --$60,000.00
Amendment No. 1 C-25652 06/12/2012 $ 60,000.00
Amendment No. 2 AdministrativeAdministrative ($5,000.00)
Amendment No. 3 1 C-26424 r 09/10/2013 _ $ 35,384.00
Amendment No. 4 [ Pending Pending $ 35,000.00
TOTALF$ 185,384.00
This term of the contract amendment is September 1, 2014 through August 31, 2015 with a not to exceed
amount of$35,000.00 for this contract amendment term.
Air monitoring stations support community tracking of ozone air pollution in COUNCIL DISTRICT 4.
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,
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
2) GR76 451543 020412209000 $35.000.00
2) GR76 VARIOUS 020412209040 $35.000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Michael Gange (6569)
Logname: 20TCEQ NOX CONTRACT FYI 4-15 Page 2 of 2
MY SECRATAW
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AMENDMENT NUM$ERq.
no Texas Qommisdm can RMIXOnmental Quality(TCEQ), and the City-of Fort Word,
agree to amend Contract Xo. 582-12-10034 to renew the contract, amgpd thp scope 4f
I work, and iucroase the total compensation possible under the contract for 17Y1,5. The
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City of Fort Worth will continue to operate and maintain,two coin inuous air monitoring
stailow located,in Fort Worth and Eagle Mountain Lake,Texas.
x. The total compensation possible under.this contract is increased as follows:
i The Original Contract Amount $ bcs,000.oa
Contract Amendment Xo.Y(nia) $ 6o,000.00
Contract Amendment go. g(FYi3) -$.5,000:00
CoiltractA-menciment Igo.3(FY14) $ 35,3400
;Contrast Amendment No.A(FY-is) RS.00.0.a0
The Total Contract Amount
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2. TCEQ has reviewed.and approved the.budget submitted by the City of.Fort Worth.
The approved Conttact Costs Budget'is Attachment A of this Amendment.
I TCEQ has reviset the 5t ope of Wor z and incXucled it as A tach mt 8 of this
i .Ammdmont.
4. The Total Contract Amount is increased to$18 ,384.
5. As authorized.by General Terns and Conditions.Paragraph 1:2.1.,the contract is
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renewed and the Expiration Date isxovisedto August.31,2cix5,
All oflwr conditions and requirements of Contract Nurnber.582-12-10034 remain
m unchanged,Notwithstanding the requirement for both parties to sign this amendment,
j Performing Party is authorized to continue work under this contract in order to
N * rnaifitaain continuous monitoring..
o rt l�REC19WI G AGENCY PERFORMING PARTY
Texas+ 0M''M' 'Iss:ion.on City of Foxt Worth
EnAi•om oix iy
o By: By: es
j ss Authorized.Signature Authorized Signature .
iRichard C. Chisnn FatnAtdo Costa
M .1mutedwame hinted Name
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Director,Morutoting Division Aasietant City Manager
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TCEQ CONTRACT NUMBER 582-12-10034
Amendment#4
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Attachment A
i Cost Budget
Cooperative Reimbursement Contract
for State Agencies and Local Governments
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1. Budget. Authorized budgeted expenditures for work performed are as follows:
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Budget Category Cost for Work to be
I Performed
Salary/Wages $15,500.00
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Fringe Benefits $6,185.00
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Travel $500.00
Supplies $4,207.o6
Equipment $0.00
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t Contractual $0.00
Construction $0.00
Other $3,950.00
i Indirect Costs $4,657.94
i Total $35,000.00
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2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is
21.48% of(check one):
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® salary and fringe benefits
❑ modified total direct costs
❑ other direct costs base
If.other direct cost base, identify:
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This rate is less than or equal to(check one):
Z approved predetermined rate
❑ experienced-based predetermined rate
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❑ default rate
3. Other. If Budget Category"Other"is greater than$25,000 or more than xo%of
budget total,identify the main constituents:
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I TCEQ CONTRACT NUMBER 582-i2-100.34
Amendment#4
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4. Budget Categories. The Budget Categories above have the definitions,
requirements and limitations stated in Uniform Grant Management Standards
(UGMS). Construction costs are not reimbursable without prior,specific written
authorization from TCEQ.
1 5. Budget Control and Transfers. Notwithstanding any contrary provision of
any Cost Budget,the following provisions apply to every Cost Budget
i incorporated into or approved under this Contract:
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5.x Cumulative Annual Transfers Up To i0.% of the Cost Budget Total. The
Performing Party may transfer up to ten percent of the annual Cost Budget
I Total among direct cost categories by submitting a Revised Cost Budget.
,
However,the ten percent limit is cumulative,and the Performing Party
I may not transfer into direct cost categories containing zero dollars without
TCEQ pre-approval.
5.2 Cumulative Annual Transfers Greater Than 1o%of the Cost Budget Total.
TCEQ must approve all budget revisions that transfer more than ten
i percent of the annual Cost Budget Total among direct cost categories
before the Performing Party incurs,the increased costs. If the Cost Budget
is incorporated into the Contract,TCEQ approval must be in the form of a
i Contract Amendment.
5.3 Calculation of Cumulative Annual Transfer. The cumulative annual
transfer is equal to the sum.of the amounts of increase of each direct cost
category from the incorporated or approved Cost Budget.The amount by
which any direct cost category has decreased is not included in this
calculation.
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5.4 All invoices must clearly show how this budget control requirement has
been met.
i 5.5 At a minimiun, invoices must show 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
f projected to be spent.
5. Invoice Submittal. Unless otherwise stipulated in the Contract,invoices must be
submitted to the individual named in TCEQ Project Representatives and Records
I Location at monthly intervals. Final invoices shall be submitted within one calendar
month after completing the Scope of Work activities. TCEQ may extend this
deadline by unilateral contract agreement.
7. Grant Chargeback Invoices. In the case of an invoice for grant activities being
paid during the second fiscal year for which the funds were appropriated,ALL
INVOICES MUST BE SUBMITTED IN SUFFICIENT TIME FOR TCEQ REVIEW,
! .NECESSARY CORRECTIONS,TCEQ APPROVAL,AND SUBSEQUENT
PRESENTATION TO THE COMPTROLLER BEFORE THE END OF THE FISCAL
YEAR.
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TCEQ CONTRACT NUMBER 582-1240034
Amendment#4
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8. Travel. In order to be reimbursable,travel costs must be specifically authorized in
advance of the travel. Travel costs,including per diem,will be reimbursed only in
f 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.
j g. 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. Performing Party shall maintain records
subject to the terms of this Contract.
` io.Indirect Costs. Performing Party's indirect costs will be reimbursed at the
reimbursable rate shown 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 UGMS. To the extent that the
reimbursable rate is lower than Performing Party's actual indirect costs, Performing
Party is contributing its u reimbursed 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).
sr. Indirect Rates Authorized sunder UGMS. The following rates are authorized
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under UGMS:
ii.1 Approved Predetermined Date. An approved predetermined rate
j is an indirect cost rate agreed to within the preceding 24 months in a
1 signed indirect rate negotiation agreement with the applicable federal
cognizant agency, state single audit coordinating agency, major-state
funding agency, or another state agency designated by the Governor.
An approved predetermined rate shall be expressed as a percentage of
the direct cost base specified in the signed indirect rate negotiation
agreement.
11.2 Experience-Based Predetermined Rate. An experienced-based
predetermined rate is an indirect cost rate agreed to between TCEQ and
Performing Party, where there is no approved predetermined rate and
there is sufficient cost experience and other pertinent facts to enable the
parties to reach an informed judgment(a) 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(b)that the amount
allowable under that rate would not exceed actual indirect costs. An
I experience-based predetermined rate shall be expressed as a percentage
of either (a)salary and wages, or (b) modified total direct costs.
Modified total direct costs are total direct costs less "extraordinary or
distorting expenditures,"usually capital expenditures, subawards,
contracts, assistance payments (e.g.,to beneficiaries), and provider
payments. The direct cost base selected should result in the fair
distribution of indirect costs among all state and federal grants and
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TCEQ CONTRACT NUMBER$82-x2--10034
I Amendment#4
contracts affected, as well as other Performing Party activities that share
1 in the indirect costs.
f 11.3 Default Rate. A default rate is an indirect of ten percent (xo%) of
direct salary and wages,to be used where (a) there is no approved or
experienced based predetermined rate, and(b)the Performing Party
+ represents that its actual indirect costs equal or exceed ten percent
(10%) of salary and fringe.
1 12.Adjustment of Indirect Rates. A reimbursable rate is intended to be final.
Performing Party acknowledges that TCEQ's budget is limited and funds may not
be available to reimburse any increase in indirect costs. Performing Parry waives
i any right it may have to upward adjustment of its indirect rate,and agrees to
contribute any such increase to the successful performance of this Contract(if
matching fiends are required,Performing Party may claim such costs as all or part
of its match). TCEQ waives any right it may have to a downward adjustment of
Performing Party's indirect rate,unless the reimbursable rate is greater than the
Performing Party's actual indirect costs. If the latter case,if reasonably feasible,a
compensating adjustment shall be carried forward to this Contract or a future
I contract. If not feasible,where permitted by law TCEQ and Performing Party
may identify additional services to be performed by Performing Party as a
compensating adjustment, or Performing Party shall reimburse TCEQ the excess
indirect costs paid.
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TCEQ CONTRACT NUMBER 582-12-x0034
Amendment#4
C
ATTACHMENT B
SCOPE OF WORK
T.
FACTS/PURPOSE
i The Performing Party will operate and maintain two continuous ambient
i monitoring stations (CAMS)in Fort Worth and Eagle Mountain Lake,Texas in
accordance with the effective TCEQ quality assurance project plan (QAPP)
pertaining to the State and Local Air Monitoring Stations (SLAMS)programs,
equipment standard operating procedures (SOPs), and the Preventive
Maintenance Instructions(PMI)Manual. This documentation is available upon
request.
Station location:
CAMS 0017—Feller, FAA site off Alta Vista Road,Fort Worth,Texas
CAMS oo75 —Eagle Mountain Lake, 14290 Morris Dido Newark Road, Eagle
Mountain., Texas
These stations are subject to relocation depending upon property owner request.
In the event of site relocation,the Performing Party will be notified 3o days prior
to relocation and will operate the site at the new location.
Equipment at CAMS 0017 includes one oxides of nitrogen (NO.)monitor.
Equipment at CAMS oo75 includes one NO.monitor.
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The Performing Party will operate any additional or relocated ambient air
equipment at the currently established or new monitoring stations as agreed
upon by both parties.
TI.
TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF
A. TCEQ responsibilities:
! ! Provide all air monitoring equipment,parts, audit equipment, and
equipment-related supplies, excluding office supplies,for the proper
operation of the air monitoring stations.
• Provide all site maintenance equipment(i.e.,lawnmower, edge
trimmer).
c Provide shipping labels upon request for the Performing Party to ship
air monitoring equipment,parts, audit equipment, and equipment-
related supplies to the TCEQ.
e Provide Performing Party staff with individual Virtual Private Network
(VPN) access accounts to check the site status remotely by the agency's
internal status report webpage during the term of the contract.
Provide training for equipment operations and other activities
designed to increase technical capabilities required to support this
agreement upon request by the Performing Party.
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TCEQ CONTRACT NUMBER 582-12-10034
Amendment#4
o Provide technical support related to equipment at the site by phone,
i email, or on-site visit.
S Conduct annual field assessments of the air monitoring stations.
e Monitor the status of the air monitoring stations from Austin.
III. PERFORMING PARTY RESPONSIBILITIES
A.. Provide one primary and one backup site operator. These site operators
must be electrical/mechanical grade technicians capable of operating and
performing light maintenance on meteorological hardware and electronic
I monitoring equipment. One operator must be present during all TCEQ
assessments or site visits.
B. Provide staff proficient in the use of digital volt meter and personal
computers.
C. Operate the equipment according to established applicable SOPs,PMIs,
j QAPPs, and any guidance supplied by the TCEQ Contract Administrator.
This documentation is available upon request,and may be revised from
time to time.
D. Monitor the site status remotely through the agency's internal status
( report webpage using the TCEQ-provided VPN access. Ensure individual
VPN access accounts remain active. If VPN access is lost,it is the
i Performing Party's responsibility to alert the TCEQ Contract
Administrator upon discovery.
E. Possess and utilize the information,practical knowledge,techniques, and
skills to comply with federal and state air monitoring rules,including
those listed in the effective Code of Federal Regulations.
F. Communicate effectively with TCEQ technical staff to troubleshoot
malfunctioning equipment. Performing Party must provide at least one
primary operator with a minimum of six months experience with ambient
air monitoring equipment.
G. Make travel arrangements and cover expenses for its staff associated with
the requested training and meetings.
H. Designate a Project Representative who will receive directions from TCEQ,
manage the work being performed, and act on behalf of the Performing
Party as an authorized representative.
I. If an equipment failure requires a site visit by the operator,visit the site
the same day if feasible,but no later than the next business day in order to
minimize data loss.
J. Communicate all equipment malfunctions or failures to TCEQ by email the
+ same day as discovered. Include symptoms or cause of failure and contact
information of the Performing Party personnel immediately available to
1 troubleshoot.
K Provide a physical shipping address for replacement equipment, parts, and
i supplies.
L. Ensure the deliverables listed in Table V.i are performed and delivered on
time. Document completion of the deliverables in the manner listed in
Table V.i
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TCEQ CONTRACT NUMBER 582-12-10034
Amendment*4
M. Inform the TCEQ Contract Administrator in writing within one business
E day if any continuous monitor fails to collect data for more than 48
continuous hours or when two consecutive non-continuous samples are
missed or invalid.
N. Submit quarterly invoices to the TCEQ Contract Administrator and the
! Contract Manager,within one calendar month after the end of the quarter.
Late submittal of invoices will be noted and documented in the end of the
year evaluation that may determine the continuation of this contract.
Invoices must include a detailed breakdown of all expenditures.Any
inappropriate expenditure,including items not related to the project,will
result in the invoice being rejected.
O. Submit a completed Release of Claims form with the final invoice within
one calendar month of termination of the Contract.
P. Upon request by TCEQ, provide guided tours of the monitoring sites to
local school districts or governing agencies,not to exceed four hours per
quarter.
Q. Upon request,promptly respond to site and contractual information
requests from the TCEQ Contract Administrator.
R. Upon request,provide limited logistical support related to relocating or
establishing a new air monitoring site. This may include,but is not limited
to, assistance with locating a new site,providing access to contractors and
utility companies for site construction, and reviewing and documenting
site construction activities.
S. Transitional Services: (riven the nature and importance of the services
requested under this contract,TCEQ must maintain uninterrupted
services.The Performing Party shall provide services as needed to assist in
the smooth transition of a replacement Performing Party.Transitional
I services include,but are not limited to:
The Performing Party will provide one week of training to the future
Performing Party.
s The Performing Party will provide reports, maps,property site contact
j information,keys, equipment, and other TCEQ property to any fiiture
Performing Party upon execution of said future contract.
i' e The Performing Party will report to any future Performing Party any
! pending problems being investigated or for which equipment repair is
incomplete. .
7 v Upon request by TCEQ,the Performing Party will provide to any fiutare
Performing Party access to site trailers,buildings,utilities,,or other
locked areas.
e The Performing Party will notify the TCEQ Contract Administrator in
I writing when the transition of services is complete.
At all times,the Performing Party will provide complete cooperation,
courtesy, civility,and professionalism when providing transitional
services and communicating with any future Performing Party staff.
IV. DESCRIPTION OF DELIVERABLES
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TCEQ CONTRACT NUMBER 582412-10084
Amendment#4
The Performing Party must operate and maintain the air monitoring station
according to TCEQ effective QAPPs;SOPs, and PM1s. These are available upon
request.
V. SCHEDULE OF DELiVERA13LES
The Performing Party must provide the following deliverables to TCEQ by the
specified time frame:
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Table V.x:
! Deliverable Applicable Respective Tasks and Timeframes Submit to:
Equipmenfi
Data Collection NOx • Collect and monitor continuous ambient LEADS via VPN or through the on-
air data and operate non-continuous site data logger
i samplers according to applicable SOPS,
• Review continuous data in Leading
i Environmental Analysis and Display
i System(LEADS)daily to ensure sampler
function. Document this review in the
electronic site operator logbook on the day
It occurs.
Equipment NO, • Respond to equipment failures or Contract Administrator and TCEQ
Failure malfumctions by visiting the site on the Implementation Team
Response same day if feasible,but no later than the LEADS via VPN
I next business day. Notify TCEQ in writing
within one business day of problem
resolution.
i • Document site visits in the electronic
operator logbook on the same day the visit
occurs for sites with access and within two
business days for sites without access.
i Equipment NO, • Report equipment failures or TCEQ Implementation Team and
Failure and malfunctions in writing the same day as Contract Administrator
Sample Loss discovered. Include symptoms or cause-of
? Report failure and contact information for the
person immediately available to
j troubleshoot.
j • Report in writing within one business day
I after any continuous monitor fails to
collect data for more than 48 consecutive
hours.
i • Provide a physical shipping address for
replacement equipment,parts,and
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supplies.
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! TCEQ CONTRACT NUMBER 582-12-10034
iAmendment*4
Deliverable Applicable Respective Tasks and Timefxames Submit to:
Equipment
Laboratory NO, Perform eight LCCs per year,two per lcc teeq.texas.gov
Control Check seasonal quarter,approximately 45 days
(LCC)and apart.
Report Seasonal quarters are defined as:
o December-February
o March-May
o June-August
o September—November
• Submit LCC reports within two business
days of com letion of LCC.
Preventive NOX . 4-014,Analyzer Sample Inlet Particulate LEADS via VPN
Maintenance I`ilter Replacement(IVO,),a minimum of
Instruction every two weeks
i (PMI) ! 4-36o,Ambient Sample Line
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Completion Replacement,a minimum of once per year
! a 5-36o,Exhaust Scrubber Charcoal
i Replacement,a minimum of once per year
• 9-x8o,Zero AirModule Charcoal
I Scrubber Replacement,a minimum of
! once every six months
a Any future PMIs developed for this
equipment with TCEQ notification
I Site Activities NO, . Document all site activities in the LEADS via VPN
Documentation electronic operator log.before leaving the
site where access to electronic logs is
i available.
o Document all site activities in the
electronic operator log within two
business days where site access to
electronic logs is not available,
Audit and NO. s Submit completed pre-audit TCEQ Data Quality Team and
Assessment questionnaires within ten business days of Contract Administrator
Assistance audit notification.
• Assist TCEQ staff or EPA auditors on-site
dining all TCEQ audits and assessments.
i • Reply in writing to all TCEQ written
requests for audit responses within one
calendar month.
Invoice and NO. • Submit quarterly invoices within one Contract Administrator
Release of calendar month after close of fiscal
t Claims quarter. Fiscal quarters are defined the Contract Manager
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Submission same as seasonal quarters.
1 e Submit completed Release of Claims form
with final Contract invoice.
Data NO, • Track and submit data completeness ContractAdministrator
Completeness reports with the quarterly invoices within
one calendar month after close of fiscal
quarter. Fiscal quarters are defined the
same as seasonal quarters.
e Include description of how data
completeness was determined.
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TCEQ CONTRACT NUMBER 582.12-10034
Amendment*4
' Deliverable Applicable Respective Tasks and Timeframes Submit to:
Equipment
Inventory NOX e Notify the Contract Administrator within Contract Administrator
Management two business days of equipment
and Reports replacements.
• Return inoperable equipment to the TCEQ
within five business days of replacement.
• Upon request,promptly.assist the
Contract Administrator with maintaining
inventory control and with Inventory
Management Database(IMD)data
requests.
• Track and submit inventory reports with
the quarterly invoices within one calendar
month after close of fiscal quarter. Fiscal
quarters are defined the same as seasonal
j Quarters.
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VI. ACCEPTANCE CRITERIA
ti The Performing Party is required to provide the TCEQ at least an 85%monthly
data return from all monitors.and samplers. If the 85% data return is not
achieved, assignable cause must be identified within a-week.after each month end.
Assignable causes may include acts of nature(tornadoes,hurricanes,hail, etc.),
i vandalism,-or circumstances beyond the control of the Performing Party. Neglect
of the site is not an assignable cause.During this contract period, 85%valid data
capture must be met for each sampler at each site.TCEQ may reduce the
Performing Party's payment for the fiscal year by up to 2_5% if the required data
i retltrn is not achieved and there is no assignable cause.The possible reduction
j amount(25%of the fiscal year ftmds)will be split evenly between each quarter of
i operation of each monitor. For example,if this Scope of Work calls for four
monitors to be operated for four quarters each,the possible reduction amount will
? be split 16 ways.In that example,for each quarter that a monitor does not achieve
the required data return,TCEQ may deduct up to 1/16 of the possible reduction
amount. Considerations for the proposed reduction of payment will consist of
evaluation of the Performing Pars performance of required operating
i procedures, quality control procedures, and effective and timely communication
of non-compliance issues. Non-compliance issues include deviation from the
documented procedures in the SOPs, QAPPs,PMIs, and the contract. This price
adjustment is cumulative with all other remedies.
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Official site of the City of Fort Worth,Texas
FORT WORTH
i CITY COUNCIL AGENDA
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COUNCIL ACTION: Approved on 8/26/2014-Ordinance No. 21399-08-2014
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DATE: 8/26/2014 REFERENCE NO.: **C-26929 LOG NAME: 20TCEQ NOX
CONTRACT FY14-15
i PUBLIC
CODE: C TYPE: CONSENT NO
HEARING:
j SUBJECT: Authorize Execution of Amendment No. 4 to City Secretary Contract No. 42227, an
Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on
Environmental Quality for the Operation and Maintenance of Nitrogen Oxides Monitoring
I Network in the Amount of$35,000.00 for a Total Contract Amount of$185,384.00, Apply
} Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 4)
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RECOMMENDATION:
It is recommended that the City Council:
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I 1. Authorize the execution of Amendment No.4 to City Secretary Contract No. 42227, an
Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on
Environmental Quality at a maximum amount of$35,000.00 for the contract period September 1,
I 2014 through August 31, 2015;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of$35,000.00 in Fiscal Year 2014-2015, subject to receipt of an
i executed contract; and
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3. Apply the indirect cost at the rate of 21.48 percent in accordance with the terms of the
Intergovernmental Cooperative Reimbursement Contract.
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i DISCUSSION:
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The Transportation and Public Works Department, Environmental Management Division will operate
and maintain the continuous air monitoring stations for the Texas Commission on Environmental
Quality(TCEQ). One station is located in north Fort Worth off of Alta Vista Road (TCEQ Station
Name: Keller C17), another is near Eagle Mountain Lake (TCEQ Station Name: Eagle Mountain
I C75). Both stations are equipped with nitrogen oxides monitors. These monitors are part of the state
f 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.
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Contract Amendment No. 4 renews the contract, extends its term, and increases the total
compensation possible for the contract to include funding for Fiscal Year 2015.
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I http://www.fortworthgov.org/council_packeVmc-review.asp?1D=20156&councildate=8/26/... 9/2/2014
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Document M&C No.;::] Approval Date Amount
Initial Contract C-25113 8/23/2011 . $60,000.00
t Amendment No. 1 C-25652 11 06/12/2012 $60,000.00
Amendment No. 2 Administrative I Administrative ($5,000.00)
Amendment No. 3 C-26424 09/10/2013 $35,384.00]
Amendment No. 4 Pending r Pending $ 35,000.00
I TOTAL $ 185,384A0
This term of the contract amendment is September 1, 2014 through August 31, 2015 with a not to
exceed amount of$35,000.00 for this contract amendment term.
Air monitoring stations support community tracking of ozone air pollution in COUNCIL DISTRICT 4.
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FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
I recommendations, and adoption of the attached appropriation ordinance, funds will be available in
i the current operating budget, as appropriated, of the Grants Fund.
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TO Fund/Account/Centers FROM Fund/AccountlCenters
! 2)GR76 451543 020412209000 $35.000.00
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2) $35.000.00
GR76 VARIOUS 020412209040
Submitted for City Manager's Office by: Fernando Costa (6122)
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Originating Department Head: Douglas W. Wiersig (7801)
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Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
20TCEQ NOX CONTRACT-AO.doc
20TCEQNOXContractLocations.pdf
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c http://www.fortworthgov.org/council_packet/mc-review.asp?ID=20156&councildate=8/26/... 9/2/2014
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