HomeMy WebLinkAboutContract 40719-A3 (2)TCEQ CONTRACT NUMBER 582-11-86421
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AMENDMENT NUMBER 3
CITY SECRETARY I �'
CONTRACT N0.
The Texas Commission on Environmental Quality (TCEQ), and the City of Fort Worth,
agree to amend Contract No. 582-11-86421 to extend the term of the contract and
increase the total compensation possible under the contract to include funding for FY14.
The City of Fort Worth will continue to operate and maintain the PM2.5 samplers in the
Fort Worth, Texas area.
1. The total compensation possible under this contract is increased as follows:
The Original Contract Amount $30,712.66
Contract Amendment No. 1(FY12) $33,73o•87
Contract Amendment No. 2(FY13) $33,275.00
Contract Amendment No. s3(FY14) $36 oo0 oc
Total Contract Amount $133971$•53
2. 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. The Maximum Amount of Contract is increased to $133,7i8.53•
4. The Term of Contract is extended to August 31, 2014
ber 582-11-86421 remain
unchanged.
All other conditions and requirements of Contract Num
RECEIVING AGENCY
Texas Commission on
Environmental Quality
By:
Authorized
Ramiro Garcia, Jr.
Printed Name
Deputy Director,
Office of Compliance &Enforcement
Title
12Lt11:)
i�
ERFORMING PARTY
P
City of Fort Worth
Authorized Signature
Fernando o to
Printed Name
A4SlS an i � Manager
Title
Date
t.FFlli3�'ET} A5 TQ PdRM kiVi� LEGALITY:
RECEIVED MAR 2 9
TCEQ CONTRACT NUMBER 582-11-86421
Attachment A
Cost Budget
Cooperative Reimbursement Contract
for State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
Budget Category
Cost for Work to be
Performed
Salary / Wages
$18,400.00
Fringe Benefits
$9,384.00
Travel
$0.00
Supplies
$523.00
Equipment
$0.00
Contractual
$0.00
Construction
$ 0.00
Other
$1725.00
Indirect Costs
$5,968.00
Total
$36,000.00
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is
21.48% of (check one):
® salary and fringe benefits
❑ modified total direct costs
❑ other direct costs base
If other direct cost base, identify:
This rate is less than or equal to (check one):
® approved predetermined rate
❑ experienced -based predetermined rate
❑ default rate
3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of
buAget total, identify the main constituents:
Contract Number 582-1i-8642i
Amendment #3
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TCEQ CONTRACT NUMBER 582-11-86421
16 Budget Categories. The Budget Categories above have the definitions,
requirements and limitations stated in UGMS. Construction costs are not
reimbursable without prior, specific written authorization from TCEQ.
5. Budget Control. Actual costs to be reimbursed for each line item above must not
exceed ten percent (10%) over the budgeted amount for that line item. Total costs to
be reimbursed must be at or less than the total specified. All invoices must be
submitted in a format that clearly shows how this requirement is being met. At a
minimum, invoices must show expenses for the invoice period, year-to-date
expenses, projected totals for the year (or applicable contract period), percent of
budget spent to date, and percentage of budget projected to be spent.
6. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be
submitted to the individual named in TCEQ Project Representatives and Records
Location at quarterly intervals, except March 1— 31, 2014 which must be submitted
by April 30, 2014. Invoices shall be submitted within one (1) calendar month after
the end of the quarter. Final (4th quarter) invoices shall be submitted within two (2)
calendar months after completing the Scope of Work activities. TCEQ may extend
this deadline by unilateral contract agreement.
�. Grant Chargeback Invoices. In the case of an invoice for grant activities being
paid during the second fiscal year for which the funds were appropriated, ALL
INVOICES MUST BE SUBMITTED IN SUFFICIENT TIME FOR TCEQ REVIEW,
NECESSARY CORRECTIONS, TCEQ APPROVAL, AND SUBSEQUENT
PRESENTATION TO THE COMPTROLLER BEFORE THE END OF THE FISCAL
YEAR.
8. Travel. In order to be reimbursable, travel costs must be specifically authorized in
advance of the travel. Travel costs, including per diem, will be reimbursed only in
the amount of actual costs, up to the maximum allowed by law for employees of the
State of Texas at the time the cost is incurred.
9. Supporting Records. Performing Party shall submit records and documentation
to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ
may reject invoices without appropriate supporting documentation. TCEQ has the
right to request additional documentation. Performing Party shall maintain records
subject to the terms of this Contract.
10. Indirect Costs. Performing Party's indirect costs will be reimbursed at the
reimbursable rate shown above (if no reimbursable rate is shown above, indirect
costs are not reimbursable under this Contract). The reimbursable rate must be less
than or equal to the rate authorized under UGMS. To the extent that the
reimbursable rate is lower than Performing Party's actual indirect costs, Performing
Party is contributing its unreimbursed indirect costs to the successful performance of
this Contract, and waives any right it may have to reimbursement of those costs (if
this Contract requires matching funds, Performing Party may claim its
unreimbursed indirect costs as part or all of its match).
11. Indirect Rates Authorized under UGMS. The following rates are
authorized under UGMS:
Contract Number 582-11-86421
Amendment #3
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TCEQ CONTRACT NUMBER 582-11-86421
11.1 Approved Predetermined Rate. An approved predetermined rate
is an indirect cost rate agreed to within the preceding 24 months in
a signed indirect rate negotiation agreement with the applicable
federal cognizant agency, state single audit coordinating agency,
major state funding agency, or another state agency designated by
the Governor. An approved predetermined rate shall be expressed
as a percentage of the direct cost base specified in the signed
indirect rate negotiation agreement.
11.2 Experience -Based Predetermined Rate. An experienced -based
predetermined rate is an indirect cost rate agreed to between TCEQ and
Performing Party, where there is no approved predetermined rate and there is
sufficient cost experience and other pertinent facts to enable the parties to
reach an informed judgment (a) as to the probable level of indirect costs in the
Performing Party's programs during the term of the Contract, covered by the
negotiated rate, and (b) that the amount allowable under that rate would not
exceed actual indirect costs. An experience -based predetermined rate shall be
expressed as a percentage of either (a) salary and wages, or (b) modified total
direct costs. Modified total direct costs are total direct costs less
"extraordinary or distorting expenditures," usually capital expenditures,
subawards, contracts, assistance payments (e.g., to beneficiaries), and
provider payments. The direct cost base selected should result in the fair
distribution of indirect costs among all state and federal grants and contracts
affected, as well as other Performing Party activities that share in the indirect
costs.
11.3 Default Rate. A default rate is an indirect often percent (lo%) of direct
salary and wages, to be used where (a) there is no approved or experienced -
based predetermined rate, and (b) the Performing Party represents that its
actual indirect costs equal or exceed ten percent (1o%) of salary and fringe.
12. Adjustment of Indirect Rates. A reimbursable rate is intended to be final.
Performing Party acknowledges that TCEQ's budget is limited and funds may not be
available to reimburse any increase in indirect costs. Performing Party waives any
right it may have to upward adjustment of its indirect rate, and agrees to contribute
any such increase to the successful performance of this Contract (if matching funds
are required, Performing Party may claim such costs as all or part of its match).
TCEQ waives any right it may have to a downward adjustment of Performing Party's
indirect rate, unless the reimbursable rate is greater than the Performing Party's
actual indirect costs. If the latter case, if reasonably feasible, a compensating
adjustment shall be carried forward to this Contract or a future contract. If not
feasible, where permitted by law TCEQ and Performing Party may identify additional
services to be performed by Performing Party as a compensating adjustment, or
Performing Party shall reimburse TCEQ the excess indirect costs paid.
Contract Number 582-11-8642i
Amendment #3
0
Iv1&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT �'�ORfiI I
COUNCIL ACTION: Approved on 3/26/2013 -Ordinance No. 20672-03-2013
REFERENCE ** 20PM 2.5 CONTRACT
DATE: 3/26/2013 NO : C-26164 LOG NAME: AMENDMENT # 3
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 3 to the Intergovernmental Cooperative
Reimbursement Agreement with the Texas Commission on Environmental Quality for the
Operation of a Local Air Pollution Particulate Emission Monitoring Site at Haws Athletic
Center, 600 Congress Street, in an Amount Not to Exceed $36,000.00 for Fiscal Year 2014
for a Total Contract of $133,718.53, Apply Indirect Costs at Approved Percentage Rate and
Adopt Appropriation Ordinance (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Amendment No. 3 to the Intergovernmental Cooperative
Reimbursement Agreement with the Texas Commission on Environmental Quality for the operation of
a local air pollution particulate emission monitoring site, at Haws Athletic Center, 600 Congress Street
in an amount not to exceed $36,000.00 for a total contract in the amount of $133,718.53 for the
period of September 1, 2013 through August 31, 2014;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $36,000.00 in Fiscal Year 2014 subject to receipt of executed contract
amendments; and
3. Apply indirect cost at the most recently approved rate of 21.48 percent for the Transportation and
Public Works Department.
DISCUSSION:
The Texas Commission on Environmental Quality (TCEQ) has contracted with the City for operation
and maintenance of monitoring equipment provided by the TCEQ for one particulate matter
monitoring station. The station is located at Haws Athletic Center, 600 Congress Street (Council
District 2). 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.
Contract Amendment No. 3 adds a new contract term from September 1, 2013 through August 31,
2014 and increases the amount reimbursable to the City by $36,000.00 for said period.
Document
M&C No.
Approval Date
Amount
Initial Contract
�C-24316 �
July 13, 2010 �
$ 30,712.66�
Amendment No.1 1
C-24993 �
July 12, 2011 �
$ 33,730.87
Amendment No. 2
�C-25650
June 12, 2012
$ 33,275.00
Amendment No. 3 �
Pending
Pending
$ 36,000.00
TOTAL
$ 133,718.53
All other terms of the initial Agreement remain unchanged.
http://apps.cfwnet.org/council�acket/mc review.asp?ID=18157&councildate=3/26/2013 6/12/2013
IvI�C Review Page 2 of 2
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations 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
2) GR76 451543 020412121000
2) GR76 5
(VARIOUS) 020412121030
$36,000.00
$36,000.00
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Michael A. Gange (6569)
ATTACHMENTS
20PM 2.5 CONTRACT AMENDMENT #3 A013.doc
HAWS25MC.pdf
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18157&councildate=3/26/2013 6/12/2013