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HomeMy WebLinkAboutContract 37450CONTRACT NUMBER 582-7-72674 C"IN NTRACT AMENDMENT STATE OF TEXAS § CONTRACT ENO Y3A20 COUNTY OF TRAVIS § AMENDMENT NUMBER 3 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 for one additional year and adjust the contract amount accordingly so that monitoring activities will continue. 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: One million, two hundred sixtheight thousand, one hundred forty-six dollars and no cents $1,268,146.00 (Written Amount) (Numerical Amount) 2. 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. 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. 01=i+lOIAL RECORD CITY SECRETARY T. WORTH, TX RECEIVING AGENCY Date: Authorized Signature Carlos Rubinstein Printed name De ut Executive irector Title t/ox Contract Number 582-7-72674 Contract Amendment #3 By: PERFORMING PARTY f itv of Fnrt Wnrth Charles W. Daniels Printed name Assistant City Manager Title Date: / D ®FI=ICIA�. RECORD CITY SECRETARY T. WORTH, TX APPROVED AS TO FORM &LEGALITY: Title: Assistant City Attorney ATTEST: Printed Name: Marty Hendrix Title: City Secretary Date: I r 9 l 0? Texas Commission on Environmental Quality Contract 582-7-72674 0�� tP;iA� RECORD ClT�'` SECRETARY �i: WORTH, TX 7 Attachment A Contract Costs Budget ARTICLE 1. AUTHORIZED EXPENSE BUDGET 1.1. The authorized expenses, acquisons, or expenditures under this Contract are as follows: Personnel/Salary Fringe Benefitsl 'ravel Supplies Equipment Contractual Other Other - Third Party In -kind Total Direct Costs Authorized Indirect Costs2 TCEQ Share Grantee Cost Share TOTAL COSTS Fringe Ratei Indirect Rate 2 FY07 Budget FY08 FY09 :06,579.00 $190,000.00 $210,000.00 34,370.00 44,500.00 52,500.00 6,000000 79000.00 7,000.00 23,103.00 279375.00 3000.00 30,000000 60,000.00 60,000.00 0.00 0.00 0 49,833900 38,130.00 431000.0O 0.00 $ o.0o $ 0.00 $349,885.00 $51,756.00 $367,005.00 $42,000.00 $402,500.00 $55,000.00 $401,641.00 $409,005.00 $457,500.00 0.00 0.00 0.00 $4019641.00 $4099005900 $457,500.00 20.82% 19.46% 25.00% 21.48% 21.48% 21.48% 1. Fringe benefits shall be reimbursed at actual costs and shall not exceed the above stated percentage of total direct personnel/salary costs for the applicable period of the Term of the Contract. Prior to the termination date of this Contract, an audited fringe rate which is different from the above stated percentage of total direct personnel/salary costs for the applicable period of the Term of the Contract may be accepted by Commission. If cumulative transfers among the budgeted cost categories caused by this approved, change in fringe rate exceed ten percent (10%) of the total costs, the Commission and PERFORMING PARTY must negotiate a new contract budget and incorporate such into this Contract by way of a contract amendment. The PERFORMING PARTY agrees to reimburse the Commission any overpayments received as a result of the above stated rate being higher than the approved final audited fringe rate for the period under consideration. Nothing in this section, or the results of any fringe rate audit or final fringe rate approval, shall cause the Commission to owe the PERFORMING PARTY more than the "Total Costs" or result in a reduction in the deliverables set forth in the Scope of Work. If the final fringe rate is higher than the provisional rate, an adjustment may be made in a future year contract. Contract Number 582-7-72674 Contract Amendment #3 ciry s�cRErARx T. WORTH, TX 3 2. The indirect rate currently authorized (for the purpose of calculating amounts to be reimbursed by the TCEQ) shall not exceed the above stated percentage for the applicable period of the Term of the Contract, subject to the provisions outlined in the Indirect Cost Rate section of this Article. TCEQ and Performing Party agree that costs shall not be categorized as both indirect costs and as "other" direct costs. To facilitate this end, Performing Party shall provide to TCEQ a quarterly narrative of expenditures under the indirect cost category. If a particular cost has been categorized as both indirect and direct (other), then Performing Party shall return the overpaid costs to TCEQ, or TCEQ will count the overpaid cost as an offset against future invoices. 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. 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 Contract Number 582-7-72674 Contract Amendment #3 OFFICIAL RECORD GIN SECRETARY �; WORTH, TX 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. 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 Contract Number 582-7-72674 Contract Amendment #3 OFFICI�� RECORD CITY SECRETARX FT. WORTH, TX 11 5 X Other (specify) Quarterly to be received within iu 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 #3 OFFICIAL RECc�RD CITY SECR�T�RY mT, WOR "H, TX C City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/29/2008 -Ord. No. 18203-07-2008 DATE: Tuesday, July 29, 2008 LOG NAME: 52TCEQ BIO#3 REFERENCE NO.: **C-22944 SUBJECT: Authorize Execution of Amendment No. 3 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. 3 to City Secretary Contract No. 33784 with the Texas Commission on Environmental Quality (TCEQ) extending the contract time through August 31, 2009 and increasing the not to exceed amount from $895,181 to $1,268,146; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund in the amount of $372,965 in FY 2008-2009, subject to receipt of an executed interlocal agreement amendment; and 3. Apply indirect cost at the rate of 21.48 percent 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, 2009 and increases the not to exceed amount of the contract from $895,181 to $1,268,146. 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. Funds will be reimbursed by grantor after expenditures are made. TO Fund/Account/Centers FROM Fund/Account/Centers Logname: 52TCEQ_BIO#3 Page 1 of 2 2) GR76 451543 052412119000 $372,965,00 2) GR76 5 $372,965,00 (VARIOUS) 052412119030 Submitted for City Manager's Office by� Charles Daniels (6183) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) Logname: 52TCEQ_BIO#3 Page 2 of 2