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HomeMy WebLinkAboutContract 40719-A2 TCEQ CONTRACT NUMBER 582-11-86421 OFFICIAL RECORD CITY SECRETARY AMENDMENT NUMBER 2 CITY SECRETARY I0-fi Z FT. WORTH, TX CONTRACT NO. The T xas�Comm�i nvironmental 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 FY13. 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) $33,730•87 Contract Amendment No. 2WIR) $33,275.00 The Total Contract Amount $97,718•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 TCEQ has made revisions to the Special Terms and Conditions. The revised Special Terms and Conditions 1s Attac ment B of this amendment. 4. The Maximum Amount.of Contract is increased to $97,71$•53• 5. The Term of Contract is extended to August 31, 2013. All other conditions and requirements of Contract Number 582-11-86421 remain CJ unchanged. r N RECEIVING AGENCY PERFORMING PARTY Z Texas Commission on City of Fort Worth Environmental Quality Y: Y• o Authorized Signature Authorized Signature Ct Richard C. Chism Fernando Costa _ aw Printed Name Printed Name r. 2 rf)k 0 T„ice Director, w Field Operations Support Division Assistant City Manager Title Title rr11 / Date Dp 00 0,00 0000 r � '�° 0 APPROVED AS TO FORM AND LEGALI`rY-a AWSW b ntract Number�2-1 r$21 00 04 1 ten e # o °off 0 o°° 0000°°o *p Assistant City Attocney May J. Ida ity Secretary 4C,,tk. '����� I�S Irz TCEQ CONTRACT NUMBER 582-11-86421 Attachment A Contract Costs Budget for FY13 ARTICLE x. AUTHORIZED EXPENSE BUDGET 1.1 The authorized expenses, acquisitions, or expenditures under this Contract are as follows: Budget Category Budget Personnel/Salary $18,o67.36 Fringe Benefits $8,130.31 Travel $0.00 Supplies $325.00 Equipment $0.00 — -Contractual $0:00 — --- Other $1,125.07 Other -Third Party In-kind $0.00 Total Direct Costs $27,647.74 Authorized Indirect Costs $5,627.26 TCEQ Share $33,275.00 Grantee Cost Share $0.00 TOTAL COSTS $33,275.00 1. Fringe benefits shall be reimbursed at actual costs and shall not exceed 45/6 of total direct personnel/salary costs for the term of the Contract without written approval of the TCEQ Project Representative. 2. Indirect Cost Rate: 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. NEGOTIATED PREDETERMINED INDIRECT COST RATE TCEQ and the Performing Party may negotiate a predetermined indirect cost rate for the term of the contract where the cost experience and other pertinent facts available are deemed sufficient to enable the contracting panties to reach an informed judgment (1) as to the probable level of indirect costs in the Contract Number 582-11-86421 2 Amendment#2 TCEQ CONTRACT NUMBER 582-11-86421 Performing Party's programs during the term of the contract, covered by the negotiated rate, and (2) the amount allowable under that predetermined rate would not exceed the actual indirect costs. 3. BUDGET CONTROL AND TRANSFERS Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (1o%) of the current Total Budgeted amount. 4. 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 (jupon completion of deliverables specified herein(see upon completion of all Work ® Other (specify)Quarterly to be received within 3o days after the end of the quarter. Included with the invoice which shall be provided in a format acceptable to the TCEQ, must be the FSR(Financial Status Report) and the PAR form Payment requests must be submitted at quarterly intervals except for March 1 —RI, 201., which must be submitted b�pril 30, 2013. Contract Number 582-11-86421 3 Amendment#2 TCEQ CONTRACT NUMBER 582-11-86421 Attachment B SPECIAL TERMS AND CONDITIONS 1. These conditions add to, or in the case of conflicts, supersede and take precedence over the general conditions set forth in this agreement. 2. Contract Period. This Contract Agreement shall commence when fully executed, or on September 1, 2010,whichever is later, and shall terminate on full performance, which is due on August 31, 2011, unless terminated early or renewed in accordance with the terms of the Contract. TCEQ may renew this Contract for three(3) additional periods of twelve (12) months each. 3. Pricing must remain firm for the initial term of the Contract. 4. TCEQ reserves the option to add or subtract like items or services, including additional site locations during the term of the Contract including any renewals and/or extensions. 5. Performing Party must exercise reasonable and prudent care for TCEQ equipment. Performing Party may be required to replace or relf burse TCEQ for equipment lost or damaged due to its acts or omissions. Contract Dumber 582-11-86421 4 Amendment#2 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTIJ Lf 011 i4z- COUNCIL ACTION: Approved on 6/12/2012 -Ordinance No. 20241-06-2012 REFERENCE ** 20PM 2.5 CONTRACT DATE: 6/12/2012 NO.: C-25650 LOG NAME: AMENDMENT#2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Amendment No. 2 to the Current Intergovernmental Cooperative Reimbursement Agreement in an Amount Not to Exceed $33,275.00 for Fiscal Year 2012- 2013 for a Total Contract of$97,718.53 with the Texas Commission on Environmental Quality for the Operation of a Local Air Pollution Particulate Emission Monitoring Site at Haws Athletic Center, 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. 2 to the current Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality in an amount not to exceed $33,275.00 for a total contract of$97,718.53 for the period of September 1, 2012 through August 31, 2013; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$33,275.00 in Fiscal Year 2013 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. On July 12, 2011, (M&C C-24993) the City Council authorized the execution of a State Funded Grant Agreement with the Texas Commission on Environmental Quality for Fiscal Year 2011-2012 with a maximum amount of$33,730.87 (City Secretary Contract No. 40719-A1). This Agreement period began September 1, 2011 and will end August 31, 2012 with the option to renew the Agreement for two additional one year periods upon written consent of the parties by an amendment to this Agreement. Contract Amendment No. 2 increases funding by $33,275.00 in Fiscal Year 2013 for reimbursement of expenses to the City of Fort Worth during the contract period from September 1, 2012 to August 31, 2013 and allows the option for one renewal upon written consent of the parties by an amendment to this Agreement. The total not to exceed amount of the overall contract is increased to $97,718.53. This project is for ALL COUNCIL DISTRICTS. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1687l&councildate=6/12/2012 6/12/2014 M&C Review Page 2 of 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 FROM Fund/Account/Centers 2) GR76 451543 020412121000 $33,275.00 2) GR76 5 $33,275.00 (VARIOUS) 020412121030 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael A. Gange (6569) ATTACHMENTS 20PM 2.5 CONTRACT AMENDMENT NO.2 A012.doc Map HAWS25MC.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=16871&councildate=6/12/2012 6/12/2014