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Home My WebLink AboutContract 34771�—'" S'I"ATE OF �'EXAS COUNTY OF TRAVIS �� RA�� l_ CONTRACT NUMBER 582-7-72674 CONTRACT AMENIDIVIENT AMENDMENT NUMBER 1 The Texas Commission on Environmental Quality (TCEQ), and the City of Fort Worth hereby agree to amend Contract No. 582-7-72674, as shown below. This Amendment will incorporate the completed budget and invoice template as part of the contract. The contract amount will remain the same. 1. TCEQ and the City of Fort Worth agree that the tota] compensation possible undei- this contract will not be changed by this Amendment. The Original Contract Amount Contract Amendment No. 1 The Total Contract Amount $529,000.00 $ 0.00 $529,000.00 2. Based on the requirements of the Contract Costs Budget section of the Contract, the TCEQ has reviewed and approved the budget submitted by the City of Fort Worth. The Contract Costs Budget is hereby replaced in its entirety by Attachment A of this Amendmeni. 3. Article 2 of the Contract Costs Budget section of the Contract requires that invoices be provided in a format acceptable to the TCEQ. TCEQ has created an acceptable format for invoice submittals and has included a template in this Amendment as Attachment B. All other conditions and requirements of Contract Number 582-7-72674 will remain unchanged. �CEIVING AGENCY �'exas Comnaission on Environmental Quality By• � ,, � �.�� u ' ed Si ature Steve Spaw, P.E. Printed name Director Monitorin� O�erations Div. Title Date: Z� a� PERFORMING PARTY C't ort Worth By: Auth ' ed Signature L�,�y G�k�rsn... —� Printed name �� r� �� Title Date: (L � 1 �1 ' �l % �� I�' ��Y �, `� �+ 1��, ��6�, APPROVED AS TO FORM & LEGALITY: By � %� _ ; ' r Title: Asst. City Attorney 3 ATTEST: By Printed Name: Martv Hendrix Title: Citv Secretarv Date: � r � ' � M & C ' - ` �1(..�` a��J�+� �� Ii ��rNJ1:�� tSLU� Attachment A Contract Costs �udget ARTICLE 1. AUTHORIZED EXPENSE BUDGET 1.1, The authorized expenses, acquisitions, or expenditures under this Contract are as follows: Budget Category Budget Personnel/Salary $271, 535.00 Fringe Benefitsl 56,523.00 Travel 4,000.00 Supplies Equipment Contractual Other Other - Third Party In-kind Total Direct Costs Authorized Indirect Costs2 �CEQ Share Grantee Cost Share TOTAL COSTS 6,250.00 75,435.00 0. 00 44,790.00 0.00 $458,533.00 $529,OOOv00 0.00 $529,000.00 $70,467.00 Fringe benefits shall be reimbursed at actual costs and shall not exceed 20. 82 % of total direct personnel/salary costs for the term of the Contract without written approval of the TCEQ Project Representative. 2. The indirect rate currently authorized (for the purpose of calculating amounts to be reimbursed by the TCEQ) shall not exceed 21.48 % of salaries & fringe benefits (distribution base) for the Term of the Contract, subject to the provisions outlined in the Indirect Cost Rate section of this Article. 1.2. The PERFORMING PARTY is responsible, throughout the term of this Contract, for tracking and ensuring that expenditure amounts under this Contract remain within the various budgeted cost categories set forth in this Article. If, after taking into consideration the requirements set forth in this Article, the PERFORMING PARTX determines that changes or adjustments to any of the current cost category amounts are likely to be necessary, the PERFORMING PARTY shall submit a Budget Revision Form to the TCEQ for review and approval. I.3. Indireci Cost Rate: The Commission and the PERFORMING PARTY must choose one of the following options relating to indirect rate, and identify that option clearly in the contract budget. If no option is selected, indirect rate will NOT be reimbursed. Contract Number 582-7-72674 Contract Amendment #1 2 Option One: 1.3.1. The PERFORMING PARTY shall comply with OMB Circular A-87 and the Uniform Grant Management Standards (UGMS) relating to Indirect Cost Rates. 1.3.2. The PERFORMING PARTY shall maintain all indirect rate records for the Commission's inspection or submit records as per the agency's request. 1.3.3. PERFORMING PARTY agrees to utilize the provisional rate as established below and agrees to conduct an indirect rate audit. A final indirect rate will be established based on the actual allowable costs, as provided in UGMS, for the period as established by an audit conducted by a currently licensed independent certified pubiic accountant and submitted to the PERFORMING PARTY and the Commission. This indirect rate audit may be conducted at the same time as any other audit required of the PERFORMING PARTY. The cost of the indirect rate audit will be accounted for within the indirect rate, and not directly charged to the Commission. If the indirect rate audit is not provided to the Commission within the earlier of 30 days after receipt of the auditor's report or nine months after the end of the audit period, Option Two (below) will apply. (i) In accordance with OMB Circular A-87 and the UGMS, when the PERFORMING PARTY has a federal cognizant agency or a state coordinating agency, the PERFORMING PARTY must submit the indirect rate approved by the federal cognizant agency or state coordinating agency within the past 24 months as the provisional indirect rate. (ii) Alternatively, if the PERFORMING PARTY does not have an assigned federal cognizant agency or a designated state coordinating agency or if no rate is approved by the designated oversight agency, the Corrunission and the PERFORMING PARTY may negotiate a provisional indirect rate in accordance with UGMS. (iii) In the event, prior to the termination date of this Contract, an audited indirect rate which is different from the initial provisional indirect rate set forth in this section is accepted by Comrnission, the Commission anci PERFORMING PARTY ma� negotiate a new contract budget and incorporate such into this Contract by way of a contract change. (iv) The provisional rate will be included in the Authorized Expense Budget and shall remain in effect subject to determination of a final indirect rate which is based on an audit of the contract period, performed by a currently licensed independent certified public accountant, which specifically examines and reports the indirect rate for the PERFORMING PARTY's accounting period(s) covered under this Contract. (v) The PERFORMING PARTY agrees to reimburse the Commission any overpayments received as a result of this provisional rate being higher than the approved final audited indirect rate for the period under consideration. Nothing in this section, or the results of any indirect cost audit or final indirect rate approval, shall cause the Commission to owe the PERFORMING PARTY more t%an the "Total Obligation Amount" or result in a reduction in the deliverables set forth in the Scope of Work. If the final indirect rate is higher than the provisional rate, an adjustment ma� be made in a future year contract. Option Tivo: 1.3.4. 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. 1.3.5. The PERFORMING PARTY shall maintain all indirect rate records for the Cominission's inspection or submit records as per the agency's request. Contract Number 582-7-72674 3 Contract Amendment #1 1.3.6. PERFORMING PARTY agrees to an indirect rate of 10% or less of the direct salary and wage costs of providing the service, in accordance with UGMS Part II, Attachment E, Paragraph E.2.d. No audit of this rate will be required by the Commission. Option Three: 1.3.7. PERFORMING PARTY agrees to direct bill all costs and not require indirect cost for the contract. 1.4. When the PERFORMING PARTY applies for final payment, the PERFORMING PARTY will certify on a written form provided by TCEQ thaf the PERFORMING PARTY has not engaged in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. ARTICLE 2. SUBMITTAL OF PAYMENT REQUESTS Payment requests must be submitted at the interval specified below (whichever is checked; if none is checked, payment requests must be submitted monthly; if more than one is checked, invoices must be submitted when both requirements are met): ❑ monthly ❑ upon com�letion of deliverables specified herein (see ). ❑ upon completion of all Work X Other (specify) Quarterly to be received within 30 davs after the end of the quarter. Included with the invoice which shall be provided in a format acceptable to the TCEQ, will be the FSR (Financial Status Report) and the PAR form. Contract Number 582-7-72674 4 Contract Amendment #1 ,�4��h-�,=�-� _T��'lw� �� I� ��Y �. �'�u��, ��. ATTN: Marcia King MC-165 P.O. Box 13087 Austin, TX 78711-3087 �: Attachment B SAMPI�E INVOICE COVER LET7['ER 9/28/2006 Contract#; 65454-7-56455 Invoice#: 13213 Invoice Period of Service: 9/1/06 — 11/30/06 Invoice Amount: $53,000 This invoice is for services provided by The City of Somewhere for air sample collection and network maintenance as per the terms set forth in the above referenced contract. Enclosed with this invoice is a completed HUB/PAR form and Financial Status Report (FSR) 269a. � Please remit payment to ihe following address: ATTN: Someone City of Somewhere 1112 Someplace Somewhere, TX 24423 Contract Number 582-7-72674 5 Contract Amendment #1 , FIUB Progress Assessment Report (PAFt� Part A. Identifyln� Information. 1: TCEQ Contract No.: 2. Your Invoice No.: 3. Work Order No. (if applicable) 4. For work completed between // and / / 5. Prime Contractor ("You"); 6. Prime Contractor Vendor ID #: 7. Contact: 8. Phone: ( ) - 9. Is the Prime Contractor a Texas certified HUB and performing at least 25% of the total value of the contract? Yes_ No� Part B. Invoiee and NUB Subcontracting In�ormation. 10. ❑ If Vou have used no subcontractors this period, check here. Value of this subcontractors Name and Address of Vendor ID participation for this HUB Subcontractor No. Type of HUB Provided': invoicing period ❑ MBE ❑ Services $ ❑ WBE ❑ Commodities ❑ MBE ❑ Services $ ❑ WBE ❑ Commodities Toiai � ' If subcontractor's services include both labor and materials, check "services" only. Note: If you need room to list more subcontractors, enter this information on a plain sheet of paper and attach it to this form. 11. Total of invoice: � 12. Total of invoice from certified HUB subcontractors: 13. Percent of HUB expenditures for this invoice: Par� C. FIIJ� Subcontracting fnformation 14. Total amount invoiced to date: $ $ % (line 12=1ine 111)x100 15. Total HUB expenditures for contract to date: $ 16. Percent of HUB expenditures for contract to date: % (line 15 = linel4)x100 17. HUB subcontracting goal for this contract: % Part De Afflrmation. The information provided on this form is complete and correct. Your representative must sign here: 18. Signature: 19. Date: Part E. Other Information. For TCEQ use only, (Project manager: Complete thrs box and sign.) Type of funding: ❑ State ❑ Federal ❑ Both Fund No. Check if prime contractor is one of the following: ❑ River Authority ❑ COG ❑ Local govt. ❑ Interlocal Contract Number 582-7-72674 6 Contract Amendment #1 Index: COBJ: Date In: / / PCA Code(s) Printed Name: Signature: ��Ji;�� i�'�� !��G�� . �'`��Gl��, ��3. Texas Commission on Environmental Quality FINANCIAL STATUS REPORT STATE AGENCY ORGANIZATION UNIT TO WHICH REPORT IS SUBMITTED: GRANT/CONTRACT TITLE: PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE) : 'TCEQ CONTRACT NUMBER: FINAL REPORT: YES NO ACCOUNTING BASIS: CASH ACCRUAL OTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPQRT: FROM TO FROM TO BUDGET CATEGORIES: Approved Project Cost Cumulative Balance " Budget This Report Project Cost PersonneUSalary Fringe Benefits Travel Supplies Equipment ontractual Consiruction iher Total Direct Costs (Sum a- h) Indirect Costs ffotal (Sum of i & j) List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of ihese categories. Please attach receipts, as required, in accordance with Attachment B of your contract. Negative balances in any oi ihe budget categories should be explained in a brief accompanying narraiive. CERTIFICATION I cerfify to the best of my knowledge and belief ihat this report is correct and complete and that all outlays and unliquidatetl obligations are for ihe purposes set iorlh in the award document. Signature of Authorized Certifying Official Typed or Printed Name and Title Telephone (Area cotle, number and ext.) Date Submified Contract Number 582-7-72674 Contract Amendment #1 ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for approval) COS'i COST TOTAL EQUIPMENT EXPENDITURES (must agree wifh line 10e on Form 269a) $ CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR(NAME) FOR COST(THIS TASKS PERIOD) OTAL CONTRACTUAL EXPENDITURES (must agree with line 10f on Form 269a) ' LEGIBLE PURCHASE ORDER ANDIOR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM QR EXPENDITURE. Contract Number 582-7-72674 Contract Amendment #1 ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during ihis report period) DESCRIPTION EURPOSE COST (THIS PERIOD) TASKS � � OTAL CONSTRUCTION EXPENDITURES (must agree wilh line 10g on Form 269a) 'LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. Contract Number 582-7-72674 Contract Amendment #I ��Ni� '�� 0�� °"��'.�� I�la� ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during ihis report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for approval) COST COST OTAL SUPPLY EXPENDITURES (must agree wilh line 10d on Form 269a) OTHER EXPENDITURES (during this report periotl) NUMBER DESCRIPTION UNIT TOTAL TASKS PURCHASED COST COST OTAL OTHER EXPENDITURES (must agree with line tOh on Form 269a) 'LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. Contract Number 582-7-72674 Contract Amendment #1 10 ITEMIZATION OF PERSONNEUSALARY AND TRAVEL COSTS PERSONNEL/SALARY EXPENDITURES (during 4his report period) EMPLOYEE NAME TITLE/POSITION SALARY (THIS PERIOD TASKS OTAL PERSONNEUSALARY EXPENDITURES (must agree with line 10a on Form 269a) TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST (THIS TASKS PERIOD OTAL TRAVEL EXPENDITURES (musl agree wilh line 10c on Form 269a) SUBSTANTIATING DOCUMENTATION (lime sheets, travel receipis, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM Contract Number 582-7-72674 Contract Amendment #1 11 SAIVIPLE Travel Cost Breakdown Date Name Cost Reason April 6-8 John Smith, Alex Porter $700.00 National Conference June 15-16 Jane Smith Contract Number 582-7-72674 Contract Amendment #1 $148.00 New DHS guidance training in Lubbock '�`otal $�48.00 12 PERSONNEUSALARY i""o'�e Cost Breakdown Billinq Period: Sept 3 - Dec 31, 2006 Name Position Regular Regular OVERTIME OVERTIME Total Cost Describe Activities Billing Rate Hours Billed Billing Rate Hours Billed ($/hr) ($!hr) Sepi 3— 9 lohn Smith Operator 523 40 $920 Rqutine Sampling ]ane Smitli Nfanager �35 5 $175 -- Rou[ine Gver-sile' -- SCpt 10 - 16 lohn Smilh Operator S23 40 $92C" Rou[ine Sampling Jaue Smith Alanager $35 4 $140 �� Routine-�Overvsite' - Sept 17 - 23 lohn Sinilh Operator $23 41 $943 Routine Sampling Jnne Smi�h Manager �35 ]0 $50 4 . $550 Rouline Over-sile'& - Bud -¢t Planning Bobbie Uarker Operator 528 12 $55 �`? $446 Routine.Sampling .� Sej)t 24 - 30 John Smilh Operator $23 41 — �' $943 Roulire Smnp��ig . Jane Smid� Mnn;iger i35 5 � $;75 -�- Routine �ver-site OCk 1- 7 . Jo�m Smith Operator �23 10 ��—�-�. �23G Roul;+ie Sampling 7aue Smilh Nlauager $35 I . S35 Tcouline Over-sile Ocf[ 8- 14 John Smith O�rator $23 40 � `$92Q ' Routine Sampling Jnne Smith Manager $35 5 $175 Rou[ine Overvsite OCt 15 - 21 John Smith Operator $23 �� $943 Rouline Sampling lane Smilh Manager i35 IQ '� $350 Routine Over-site & � �� Bud et Plannin OCf 22 - 2S John Smith Operator �23 -' � 40 - .. $920 Rou[ine Sampling Jane Smith Manager >35 4' � �� $140 Rouline Over-sile OCt 29 - Nov 4 lohn Smith Operator 52? �- 40 $920 Routine Sampling Jane Smith \1;mager 53> � 5� . $175 Routine Over-site Nov 5� lI John Smith Operaior �23 41� - $943 Routine Sampling Jane Smi�h M�nager 35 10 � $350 Rouline Overvsite & Budget Planning No�' 12 - 1$ John Smith Ope;aior �23 d0 $920 Routine Sampling Jane Smith iblanaeer �$35 4' $140 Routine Over-si�e Nov 19 - 25 Jo!:u 5niitl� Operator S23 d0 5920 Rouline Sampling � Jane Smith i\9anager �35 4 $140 Routine Over-site N0�' 26 - DeC 2� 1r.nu Smith -- Opera�or $23 40 $920 Routine Sampling 1s::e �mith N1anaE,er $3i 5 $175 Routine Over-site Dec 3- 9 lohn Smith Operalor i23 41 $40 6 $]J83 Routine Sampling ,l:in�� S'�ni�h �\'Ianaser $35 10 $350 Rouune Overvsile & Budgel Planning Dec 10 - 16 John Smiti� - O�r;tor $23 40 �920 Routine Snmpling Jane Smiih i1;;ii�,iger $35 4 $140 Routine Overvsite Dec 17 - 23 lohn Siai:!: Operator $23 41 $943 Routine Snmpling Jane Smitli \4ana�er $35 10 $350 Rouline Over-site S Budget Planning DCC 24 - 30 lohn Smilh Operator $23 d0 $920 Routine Snmpling Jnne Smith Nlauager $100 4 $400 Rouline Overvsite DeC 31 lohn Smith Operotor 523 8 5184 Rouline Sampling Jane Smith \4anager �3.5 ] �35 Routine Overvsi�e Total PersonneVSalary Costs Invoiced: Regular OVERTIME To#�IS Hours �is,403 Hours $550 $19,953 costs: costs: Contract Number 582-7-72674 13 �'i0f111"aCt AI71811d111@Ilf #1 Personnel Cost Breakdown (sample).101816.x1s City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/12/2006 - � DATE: Tuesday, December 12, 2006 LOG NAME: 52TCEQAIRAMEND Page 1 of 1 REFERENCE NO.: '�*C-21879 SUBJECT: Approve Amendment to Inter-Local Agreement with the Texas Commission on Environmental Quality for the Operation of Local Air Pollution Monitors RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to City Secretary Contract No. 33784 with the Texas Commission on Environmental Quality (TCEQ) increasing the indirect cost rate and providing a format for invoice submittals. DISCUSSION: On June 20, 2006, Council approved M&C C-21525 approved an interlocal agreement with the TCEQ to provide for the operation and maintenance of local air pollution monitors. The contract document received from the TCEQ arbitrarily restricted the amount of allowable indirect costs to 10 percent when the Department of Environmental Management's current rate is 21.48 percent. After discussion with TCEQ staff in July 2006, the City received verbal assurance that use of the 21.48 percent rate was acceptable. The contract amendment provides written confirmation of this change and also updates the format for submitting invoices to the TCEQ. The total compensation of $529,000.00 possible under this contract is not effected by this contract amendment. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/AccountlCenters Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Libby Watson (6199) Brian Boerner (6647) Michael Gange (6569) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007