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Home My WebLink AboutContract 38885-A1 (2)CONTRACT NUMBER 582-10-86411 AMENDMENT NUMBER 2 CllY SECRET~~--P\g- coNtAACT NO . .,Jt;l..~~-- The Texas Commission on Environmental Quality (TCEQ), and the City of Fort Worth, agree to amend Contract No. 582-10-86411. This amendment adjusts the budget categories shown in the original budget and adds the operation of the canister sampler at Johnson County to the Scope of Work. The total contract amount will not change. The revised Contract Costs Budget is hereby included in its entirety by Attachment A of this Amendment. The Scope of Work contains a Contract Costs Budget Sheet. The TCEQ has reviewed and approved the revised FYl 1 budget submitted by the City of Fort Worth. The budgeted amounts in the categories of Fringe Benefits, Other, Other (Grantee Cost Salary Share) and Authorized Indirect Costs are hereby amended as reflected in Attachment A. All other conditions and requirements of Contract Number 582-10-86411 remain unchanged. RECEIVING AGENCY Texas Commission on Environmental Quality By:~6 V;?Z Authorized Signatur~ David W. Bower, P .G. Printed name Director, Field Operations Support Division Title Date: _ _,_7/;d ____ l/( ______ _ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Number 582-10-86411 Amendment No . 2 1 PERFORMING PARTY City of Fort Worth Authorized Signature Fernando Costa Printed name Assistant City Manager Title AP PROVED AS TO FORM AND LEGALITY: ~h-/1--- Ass ls tan t City Attorne y ·-· --· ------- NO M&C REQUIRED oa -02 -11 A]0 :42 I N • 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 Original FY 10 Revised FY 10 Amended Budget Budget Amount Personnel/Salary $52,822.00 $52,822.00 Fringe Benefitsl $9,132.00 $13 ,483.00 (-$5322.00) Travel $2 ,500.00 $2 ,500.00 Supplies $4,500.00 $4,500.00 Equipment $0.00 $0 .00 Contractual $0.00 $0.00 Other $21 ,205.00 $15,920.00 (-$6 ,466.00) Other (Grantee Cost Salary $0.00 $0.00 $50 ,962.00 Share) Total Direct Costs $90,159.00 $89,225.00 $49,818.00 Authorized Indirect Costs2 $13 ,308.00 $14,242.00 $1 ,144.00 TCEQ Share $] 03 ,467.00 $103,467.00 Grantee Cost Share $50,961.00 $50,961.00 TOTAL COSTS $154,428.00 $154,428.00 Revised FY 11 Budget $52,822.00 $18 ,805.00 $2,500.00 $4,500.00 $0.00 $0.00 $9,454.00 $50,961.00 $139,042.00 $15 ,386.00 $103,467.00 $50,961 .00 $154,428 .00 l. Fringe benefits shall be reimbursed at actual costs and shall not exceed 35.62 % 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. l. The PERFORMING PARTY shall comply with 0MB 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 directl y charged to the Commission. If the Contract Number 582 -10-86411 Amendment No. 2 2 indirect rate audit is not provided to the Commission within the earlier of30 days after receipt of the auditor 's report or nine months after the end of the audit period, Option Two (below) will apply . (i) ln accordance with 0MB 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 assign ed 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) 1n 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 Budg et 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. lfthe final indirect rate is higher than the provisional rate , an adjustment may be made in a future year contract. Option Two : 1.3.4 . lndirect Cost Rates. The PERFORMING PARTY shall comply with 0MB 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 PAR TY 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): o monthly o upon completion of deliverables specified herein (see ). o upon completion of all Work X Other (specify) Quarterly to be received within 30 days after the end of the quarter. Included with th e invoice which shall be provided in a format acceptable to the TCEO, must be the FSR (Financial Status Report) and the PAR form . Contract Number 582-10-86411 Amendment No. 2 3 Bryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, P.G., Executive Director RECEIVED AUG O 1 2011 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution Mr. T.C. Michael City of Fort Worth Environmental Management Dept. 1000 Throckmorton Street Fort Worth, Texas 76102 July 29, 2011 RE: Contract Number: 582-10-86411 (105 Pass Thru) Amendment No. 2 Dear Mr. Michael: Enclosed are executed original copy of the above referenced contract Amendment between the Texas Commission on Environmental Quality (TCEQ) and the City of Fort Worth. Please retain this copy for your files. If you require additional information regarding this contract, please contact Lloyd Lawrence at 512/239-5901. Sincerely, Enclosures OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • www.tceq.texas.gov How is our customer service? www.tceq.texas .gov/goto/customersurvey