HomeMy WebLinkAboutContract 35651 CONTRACT NUMBER 582-7-72674
CONTRACT AMENDMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
AMENDMENT NUMBER 2
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 extend the contract period so that monitoring
activities can continue and increase the contract amount.
1. TCEQ and the City of Fort Worth agree that the total compensation possible under this contract is increased
as follows:
Article 3: Maximum Amount of Contract
The total amount of this Contract shall not exceed:
Eight Hundred ninety five thousand one hundred eighty one dollars and no cents $895,181.00
(Written amount) (Numerical Amount)
2. The Section titled "Term of Contract," is amended to extend the contract period through August 31, 2008.
With this amendment,this section now reads:
Article 4: TERM OF CONTRACT
This Contract shall begin on 9/l/2006, and shall terminate on full performance, which is due on 8/31/2008,
unless terminated early or extended in accordance with the terms of the Contract.
3. 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 Amendment.
All other conditions and requirements of Contract Number 582-7-72674 will remain unchanged.
RECEIVING AGENCY PERFORMING PARTY
Texas Commission on Environmental Quality Ci!,y of ForrWorth
) &1— 1
By: By:
Authorized Signature Authorized ignature
Mark R. Vickery, P.G. Libby Watson
Printed name Printed name
Deputy Executive Director Assistant City Manager
Title Title
Date: Vy f7 / Date: July 20 , 2007
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State Contract Number 585-7-72674
APPROVED AS TO FORM & LEGALITY:
By � .
Title: Assistant City Attorney
ATTEST:
By
Printed Name: Marty Hendrix
Title: City Secretary
Date: acul
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Attachment A
Contract Costs Budget
ARTICLE 1. AUTHORIZED EXPENSE BUDGET
1.1. The authorized expenses, acquisitions,or expenditures under this Contract are as follows:
Budget Category FY07 Budget FY08 Budget
Personnel/Salary $206,579.00 $254,702.00
Fringe Benefits 34,370.00 41,561.00
Travel 6,000.00 7,000.00
Supplies 23,103.00 22,785.00
Equipment 30,000.00 60,000.00
Contractual 0.00 0.00
Other 49,833.00 43,855.00
Other-Third Party In-kind $ 0.00 $ 0.00
Total Direct Costs $349,885.00 $429,903.00
Authorized Indirect Costs2 $51,756.00 $63,637.00
TCEQ Share $401,641.00 $493,540.00
Grantee Cost Share 0,00 0.00
TOTAL COSTS $401,641.00 $493,540.00
Fringe Rate 20.82% 16.32%
Indirect Rate 21.48% 21.48%
Note: History of this Contract: In FY08 TCEQ carried forward from FY07 the unexpended balance of $127,359.00(529,000.00-
$401,641.00). The FY08 renewal amount will be$366,181.00 plus the$127,359.00 for a total of$493,540.00.
1. Fringe benefits shall be reimbursed at actual costs and shall not exceed 16.32%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 PARTY
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.
Contract Number 582-7-72674
Contract Amendment#2
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1.3. Indirect 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.
Option One: X
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 public 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 Commission 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 Commission, the
Commission and PERFORMING PARTY may 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 than 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 may be made in a future year contract.
Option Two:
Contract Number 582-7-72674
Contract Amendment#2
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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 Commission's inspection
or submit records as per the agency's request.
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 that 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):
o monthly
o upon completion of deliverables specified herein (see J.
❑ upon completion of all Work
X Other(specify) Quarterly to be received within 30 days after the end of the quarter. Included with the
invoice which shall be provided in a format acceptable to the TCEO, will be the FSR(Financial Status
Report) and the PAR form.
Contract Number 582-7-72674
Contract Amendment#2
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/17/2007 - Ordinance #17657-07-2007
DATE: Tuesday, July 17, 2007
LOG NAME: 52TCEQ BIOWATCH REFERENCE NO.: **C-22250
SUBJECT:
Authorize Execution of Amendment No. Two to City Secretary Contract No. 33784 interlocal
Agreement with the Texas Commission on Environmental Quality for the Operation of Local Air
Pollution Monitors and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Amendment No. Two to City Secretary Contract No. 33784 with
the Texas Commission on Environmental Quality (TCEQ) extending the contract time through August 31,
2008 and increasing the not to exceed amount from $529,000 to $895,181;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $366,181 in FY 2007-2008, subject to receipt of an executed interlocal agreement
amendment; and
3. Apply indirect cost at the rate of 21.48% in accordance with the terms of the interlocal agreement.
DISCUSSION:
In 2003 the United States Environmental Protection Agency launched a new air monitoring network. The
Texas Commission on Environmental Quality has been designated as the administering agency. Since the
inception of this new monitoring program, the TCEQ has contracted with the City for operation and
maintenance of the monitoring equipment.
The City will be responsible for retrieving the sampling data, sending it for analysis and performing regular
audit and maintenance activities on the equipment under the terms of this agreement.
This amendment extends the term of the contract through August 31, 2008 and increases the not to exceed
amount of the contract from $529,000 to $895,181.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of grant funds,
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/Ce tNGR76
451543 052412119000 $366,181.00 "!y�e.?
http://www.cfwnet.org/council_packet/Reports/mc_print.asp /18/2007
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GR76 5 $366,181.00
VARIOUS) 052412119020
Submitted for City Manager's Office by. Libby Watson (6183)
Originating_Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/18/2007