HomeMy WebLinkAboutContract 35653 CONTRACT NUMBER 582-7-72658
CONTRACT AMENDMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
AMENDMENT NUMBER 1
The Texas Commission on Environmental Quality(TCEQ), and the City of Fort Worth hereby agree to amend
Contract No. 582-7-72658 as shown below. This amendment extends the contract period and increases the total
compensation possible under the contract in order that the City of Fort Worth may continue to operate and
maintain the PM2.5 Samplers.
1. TCEQ and the City of Fort Worth agree that the total compensation possible under this contract is
increased as follows:
The Original Contract Amount $ 34,000.00
Contract Amendment No. 1 $ 36,727.00
The Total Contract Amount $ 70,727.00
2. Article 2(relating to Pricing and Payment)originally contained a Schedule of Fixed Rates. With this
amendment,the Schedule of Fixed Rates Sheet,will be replaced by the Contract Costs Budget Sheet.
The TCEQ has reviewed and approved the budget submitted by the City of Fort Worth.The Contract
Costs Budget is hereby included in its entirety by Attachment A of this Amendment.
3. Article 5 of the General Conditions (relating to Payment)requires that invoices be provided in a format
acceptable to the TCEQ.TCEQ has attached a Financial Status Report(FSR)which is an acceptable
format for invoice submittals and has included a template in this Amendment as Attachment B.
4. The Section titled "Term of Contract,", is amended to extend the contract period. This item(displayed
here in struck-out text)formerly read:
A i4iele A TERM OF CONTRACT
CT
This Gentfaet shall begin oft e and ll ll >
whieh is due
gi3 V-2007,unless teffninated ear4y or-emended in aeeerdanee with the tefms of the Gent
With this amendment,this section now reads:
Article 4.TERM OF CONTRACT
This Contract shall begin on 9/1/2006, 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.
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Contract Number 582-7-72658 1
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All other conditions and requirements of Contract Number 582-7-72658 will remain unchanged.
RECEIVING AGENCY PERFORMING PARTY
Texas Commission on Environmental Quality Citypf Fort worth
By: By:
Authorized Sign e Authorized signature
Steve Spaw. P.E. Libby Watson
Printed name Printed name
Director, Monitoring Operations Div. Assistant City Manager
Title Title
Title
../Date: - 3°, °7 Date: July 20, 2007
Contract Number 582-7-72658 2
Amendment#1
State Contract Number 582-7-72658
APPROVED AS TO FORM & LEGALITY:
Title: Assistant City Attorney
ATTEST:
By Oa
Printed Name: Marty Hendrix
Title: City Secretary
Date:
M & C:
�Q
r.:r
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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 Budget
Personnel/Salary $14,204.00
Fringe Benefits l $3,965.00
Travel $1,000.00
Supplies $4,000.00
Equipment $0
Contractual 0.00
Other 9,655.00
Other-Third Party In-kind $ 0.00
Total Direct Costs $32,824.00
Authorized Indirect Costs2 $3,903.00
TCEQ Share $36,727.00
Grantee Cost Share .00
TOTAL COSTS $36,727.00
1. Fringe benefits shall be reimbursed at actual costs and shall not exceed 28% 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.
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.
Contract Number 582-7-72658 3 1` '�1 2`U'`� {'
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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:
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.
Contract Number 582-7-72658 4
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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 completion of deliverables specified herein(see ).
❑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 TCEQ, will be the FSR(Financial Status Report) and the
PAR form.
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Contract Number 582-7-72658
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Attachment B
Texas Commission on Environmental Quality
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 REPORT: YES NO
7. ACCOUNTING BASIS: CASH ACCRUAL
8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT:
FROM TO FROM TO
10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance **
Budget 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.Indirect 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 your contract.
** egative balances in any of the budget categories should be explained in a brief accompanying
arrative.
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
Typed or Printed Name and
itle
elephone (Area code, number and ate Submitted
ext.)
Contract Number 582-7-72658 6
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ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES (during this reportperiod)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for COST COST
approval)
TOTAL EQUIPMENT EXPENDITURES(must agree with line 10e on Form 269a)
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR(NAME) FOR COST(THIS PERIOD) TASKS
TOTAL CONTRACTUAL EXPENDITURES(must agree with line 1Of on Form 269a)
LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR
EXPENDITURE.
Contract Number 582-7-72658 7
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ITEMIZATION OF CONSTRUCTION COSTS
CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE COST(THIS PERIOD) TASKS
IF
IF-
17-
OTAL CONSTRUCTION EXPENDITURES(must agree with line 10g on Form 269a)
'LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
Contract Number 582-7-72658 8
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ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED Should match description provided fora roval COST COST
OTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 269a)
OTHER EXPENDITURES (during this report period)
NUMBER DESCRIPTION UNIT TOTAL TASKS
PURCHASED COST COST
OTAL 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.
Contract Number 582-7-72658 9
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ITEMIZATION OF PERSONNEUSALARY AND TRAVEL COSTS
PERSONNEUSALARY EXPENDITURES (during this report period)
EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS
PERIOD
OTAL PERSONNEUSALARY EXPENDITURES (must agree with line 10a on Form 269a) Is
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
Contract Number 582-7-72658 10
Amendment#1
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 major tasks 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 major tasks 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 for the 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 order to 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).
Contract Number 582-7-72658
Amendment#1
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.
Contract Number 582-7-72658 12
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/17/2007 - Ordinance #17661-07-2007
DATE: Tuesday, July 17, 2007
LOG NAME: 52TCEQ PM2.5 REFERENCE NO.: **C-22253
SUBJECT:
Authorize Execution of Amendment No. One to City Secretary Contract No. 33768 with the Texas
Commission on Environmental Quality for the Operation of Local Air Pollution Particulate Emission
Monitoring Sites and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Amendment No. One to City Secretary Contract No. 33768 with
the Texas Commission on Environmental Quality (TCEQ) extending the contract time through August 31,
2008 and increasing the not to exceed amount from $34,000 to $70,727;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $36,727 in fiscal year 2007-2008, subject to receipt of an executed contract amendment;
and
3. Apply indirect cost at the most recently approved rate of 21.48 percent for the Environmental
Management Department.
DISCUSSION:
In 1998 the United States Environmental Protection Agency revised its measurement standards for
particulate matter (PM) emissions into the atmosphere. Since fiscal year 1999-2000, the Texas
Commission on Environmental Quality has contracted with the City for operation and maintenance of the
monitoring equipment provided by the TCEQ for three PM monitoring stations. The location of each station
is as follows:
Haws Athletic Center 600 Congress Street 2 monitors
Arlington Municipal Airport 5000 South Collins Street 1 monitor
The City is responsible for retrieving the sampling filters and data, sending filters and data for analysis, and
performing regular audit and maintenance activities on the equipment under the terms of the contract.
This amendment extends the term of the contract through August 31, 2008 and increases the not to
exceed amount of the contract from $34,000 to $70,727.
J
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/2007
Page 2 of 2
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/Centers
GR76 451543 052412120000 $36,727.00
GR76 5 $36,727.00
(VARIOUS) 0524121200?0
Submitted for Cily Manager's Office by: Libby Watson (6183)
Originating Department Head: Brian Boerner (8079)
Additional Information Contact: Michael Gange (6569)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/17/2007