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Home My WebLink AboutContract 37449CONTRACT NUMBER 582-7-72658 CONTRACT AMENDMENT STATE OF TEXAS § CifiY uECRETARY COUNTY OF TRAVIS § CONTRACT NO, AMENDMENT NUMBER 2 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 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. IL 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 Contract Amendment No. 2 $ 36,728.00 The Total Contract Amount $107,455.00 2. .Article 2 (relating to Pricing and Payment) contains a 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 3 (Maximum Amount of Contract) is amended to reflect that the contract amount shall not exceed: Il 4. The Section titled "Term of Contract," is amended to extend the contract period through August 31, 2009. 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 8/31/2009, unless terminated early or extended in accordance with the terms of the Contract. 5. 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 Be OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Number 582-7-72658 1 Amendment #2 All other conditions and requirements of Contract Number 582-7-72658 will remain unchanged. RECEIVING AGENCY Texas Commission on Environmental Quality An ho d Signature John Sadlier Printed name DeputkDirector, Office of Compliance. Title and Enforcement Date: �' �r 1 70 'D�'FIC�AL RECORD CITY SECRETARY � FT: WORTH, TX i By: PERFORMING PARTY City of Fort Worth orized Signature Charles W. Daniels Printed name Assistant City Manager Date: Contract Number 582-7-72658 2 Amendment #2 Texas Commission on Environmental Quality Contract 582-7-72658 APPROVED AS TO FORM &LEGALITY: Title: Assistant City Attorney ATTEST: Pri Title: City Secretary Date: 41 9102 M&C: ";aG4- 4 -� WORTH, TX Attachment A Contract Costs Budget ARTICLE L AUTHORIZED EXPENSE BUDGET 1.1. The authorized expenses, acquisitions, or expenditures under this Contract are as follows: Budget Category Budget Personnel/Salary $14,204900 Fringe Benefitsl $028.00 Travel $1000.00 Supplies Equipment Contractual Other Other - Third Party In -kind Total Direct Costs Authorized Indirect Costs2 'TCEQ Share Grantee Cost Share TOTAL COSTS $40Q0.00 $0.00 $91580900 $0.00 $0.00 $32,812.00 $36,728.00 $0.00 $3 6,728.00 $3,916.00 1. Fringe benefits shall be reimbursed at actual costs and shall not exceed 29 % 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 Mana emen relating to Indirect Cost Rates. 1.3.2. FT: WORTH, TX shall maintain all indirect rate records for the Commission's inspection or s request. Contract Number 582-7-72658 3 Amendment #2 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. OFFICIAL RECORD CITY SECRETARY 1=T. WORTH, TX Contract Numbe;��? �'—s$--�-•-•---d 4 Amendment #2 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 TCEO will be the FSR (Financial Status Report) and the PAR form. Payment requests may be submitted at quarterly intervals except for March 1 — 31, 2008, which must be submitted by April 30, 2009. �.J�'�fCtAL REC®RD SECRETARY FT WORTH, TX Contract Number 582-7-72658 5 Amendment #2 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: 5. TCEQ CONTRACT NUMBER: 6. FINAL REPORT: YES NO 7. ACCOUNTING BASIS: CASH ACCRUAL 8. TOTAL PROJECT/GRANT PERIOD: FROM 10. BUDGET CATEGORIES: 11 ignature of Authorized Certifying fficial yped or Printed Name and itle (Area code, number and a.Personnel/Salary b.Fringe Benefits c.Travel d.Supplies e.Equipment f.Contractual g.Construction h.Other i.Total Direct Costs (Sum a - j.Indirect Costs k.Total (Sum of Approved Attachment B 4. RECIPIENT ORGANIZATION (NAMr: ANll C:UMYL�'1'� ADDRESS, INCLUDING ZIP CODE) : 9. PERIOD COVERED BY THIS REPORT: FROM Project Cost This Report TO Cumulative I Balance ** Protect Ctos t (Itemize) on the appropriate supplemental form all component expenses comprising the to each of these categories. ase attach receipts, as required, in accordance with Attachment B of your contract. ative balances in any of the budget categories should be explained in a brief accompanying rative. TIFICATION I certify to the best of my knowledge and belief that this report is correct and plete and that all outlays and unliquidated obligations are for the purposes set forth in the rd document. OFFICIAL RECORD CITY SECRETARY to Submitted Contract Number 582-7-72658 Amendment #2 G ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES durin this re ort eriod NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED COST COST (Should match description provided for aDDroval) 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 10f on Form 269a) LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Number 582-7-7265'�� I Amendment #2 ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE COST (THIS PERIOD) TASKS OTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 269a) *LEGIBLE DOCUMENTATION MQAJ=` � it� ALL LISTED EXPENDITURES. CITY MOM DV Contract Number 582-7-72658 F�: WpRTH� TX I 8 ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER PURCHASED ITEM DESCRIPTION Should match descri tion rovided forapproval)COST (must agree with line 10d on Form 269a) UNIT TOTAL COST $ TASKS TOTAL SUPPLY EXPENDITURES ETHER EXPENDITURES (during this report period) NUMBER PURCHASED DESCRIPTION UNIT COST TOTAL COST TASKS OTAL OTHER EXPENDITURES (must agree with line 10h on Form 269a) $ IL r Ar]r KI KAAN/ oC J Cn oC ATTA r'Lno YDFnInITI IRFC THAT I=n1 JAI `LEGIBLE RECEIPTS OR OTHLFi ti 5u5l HIv I IH I nvu vv�.Urv� ii4 1 r-+� ��IN jvl� j r-, 1 1 ��p I --j i �-•• �1 ••-• • -• �-- -- OR EXCEED $500. OFFICIAL RECORD CITY SECRETAR'` FT. WORTH, Ti Contract Number 582-7-72658 �— �t 9 Amendment #2 ITEMIZATION OF PERSONNEUSALARY AND TRAVEL COSTS PERSONNEUSALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION AL PERSONNEUSALARY EXPENDITURES (must agree with line 10a on Form 269a) TRAVEL EXPENDITURES (during this report period) SUBSTANTIATING DOC Contract Number 582-7- Amendment #2 SALARY (THIS I TASKS PERIOD travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM 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 269a4 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 269a4 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 suppoxts-orsatistres7rfcre it breakdown that particular expenditure by sp �� various tasks or objectives s ` I�I��;li�� CITY SECRETARY Contract Number 582-7-72658 FT. WORTH, TX Amendment #2 — one task or objective, the PERFORMING PARTY need not task or objective but may simply identify, in relative cost order, the 11 S n, City of Fort Worfh, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/29/2008 -Ord. No. 18207-07-2008 DATE: Tuesday, July 29, 2008 LOG NAME: 52TCEQ PM2.5 #2 REFERENCE NO.: *C-22947 SUBJECT: Authorize Execution of Amendment No. 2 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. 2 to City Secretary Contract No. 33768 with the Texas Commission on Environmental Quality (TCEQ) extending the contract time through August 31, 2009 and increasing the not to exceed amount from $70,727.00 to $107,455.00; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund in the amount of $36,728.00 in fiscal year 2008-2009, 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 Arlington Municipal Airport 600 Congress Street 5000 South Collins Street 2 monitors 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, 2009, and increases the not to exceed amount of the contract from $70,727.00 to $107,455.00. Logname: 52TCEQ_PM2.5 #2 Page 1 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 Grant Fund. Funds will be reimbursed by grantor after expenditures are made. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451543 052412120000 $36,728.00 2) GR76 5(VARIOUS) 052412120030 $36128.00 Submitted for City Manager's Office bv: Charles Daniels (6183) Originating Department Head. Brian Boerner (6647) Additional Information Contact. Michael Gange (6569) Logname: 52TCEQ_PM2.5 #2 Page 2 of 2