HomeMy WebLinkAboutContract 38799-A1 CONTRACT NUMBER 582-10-86405
CONTRACT AMENDMENT
STATE OF TEXAS §
COUNTY OF TRAVIS § CITY SECRET
C4wma NC .9-d x
AMENDMENT NUMBER I
The Texas Commission on Environmental Quality(TCEQ), and the City of Fort Worth hereby agree t.o
amend Contract No. 582-10-864D5, as shown below. This Amendment will extend the contract period for uric
additional year and adjust the contract amount accnrdingly so that mcnituring activities will continue.
1. TCEQ and the City of Fort Worth agree that the total conzpensat.ion pcssible under this contract is as
fcllows:
T1re Original Contract Amount $ 410,500.00
Contract Amendment No. 1 367,627_23
Total Contract Amount $ 778,127.23
2. Article 2(Pricing and Payment)contains a Contract Costs Budget Sheet. The TCEQ Kis reviewed and
approved the budget submitted by the City of Fort Worth. The Contract Costs Budget is hereby
included iii its entirety by Attachmeut.A of this Amendment
3. Article 3 (Maximum Amount of Contract) is :amended to reflect that the contract amount shall not
exceed:
Seven Huudr.ed Seventy-Ei_lZ�t Thausar�d One�Itzudred Twenty-seven Dollars and Twent -Three
Cents. 778.127.23
4. The Section titled "Term of Contract," is amended to extent] the contract period through August 31,
2011. With this amendment, this section now reads:
Article 4, TERAI OF CONTRACT
This Contract shati begin on 91I12009. and shall termivate on full performance, which is due on
8/31/2011, uuless t.errninated early or extended in accordance with the terms of the Contract.
OFFICIAL RECORD i
CITY SECRETARY
FT.WORTH; 1 X
,7-1Z- 1D D04 ; 37 IN
Contract Number 582-10-$6405
Coutract Amendment #1 1
All other conditions and requirements of Contract Number 582-10-86405 will remain unchanged.
RECEIVING AGENCY PERFORMING PARTY
Texas Commission on Environmental Ouality Ci(v of Fort Worth
By: By:
orized Signature Authorized Signature
Zak-Covar Fernando Costa
Printed name Printed name
Deputy Exec time Director Assistant City Manager
Title Title '
Date: Date: mat/fa
APPROVED AS TO FORM & LEGALITY:
By /4� /I-
Title: Assistant City Attorney
ATTEST:
a X000 00
a pa Y r
OF By
co S
O
o s Printed Name: Ma
a Hendrix
S4p Title: City Secretary
Date: I t D
OFFICIAL RECORD 4 M R C: t--CA4�
CITY SECRETARY
FT.WORTH, TX
Contract Number 582-10-86405
Contract Amendment#1 2
CONTRACT BUDGET FOR ACTUAL COST REIMBURSEMENT
ARTICLE 1. AUTHORIZED EXPENSE BUDGET
1.;. The authorized expenses, acquisitions,or expenditures under this Contract are as follows:
Bu_ degory FY 10 Budget FY 11 Budget
Personnel/Salary $226,000.00 $179345.56
Fri ngc Benefits 1 $56.000.00 $49.212.42
Travel .$7,000.00 $5,625.00
Supplies $33,000.00 $22,150.00
Equipment $0.00 $30,000-00
Contractual $0.00 $0.0{7
Other 528,000.00 $32,200.00
Other- Third Party In-kind $0.00 $0.00
Total Direct Costs $350.000.00 $31 9,532.98
Authorized Indirect Costs2 $60,500.00 $49,094.25
TCEQ Share $410,500-00 $367,627.23
Grantee Cost Share $0.00 $0.00
TOTAL COSTS 410,500.00 $367,627.23
Fringe Rate' 24.78% 27.44%
Indirect Rate'" 21.46% 21.48%
1, Fringe benefits shall be reimbursed at actual eosts and shall not exceed the above stated
percentage of total direct personncllsalary rests for the applicable period of the term of the
Contract. Prior to the termination dale of this Contract, an audited fringe rate which is different
from the above slated percentage of total direct personnel/salary costs For the applicable period of
the term of the Contract may he accepted by Commission. If cumulative transfers arnona the
budgeted cost categories caused by this approved change in fringe rate exceed tcn percent(I0%)of
the total costs, the Commission and PERFORMING PARTY must negotiate a new contracr budget
and incorporate such into this Contract by way of a contract amendment.
The PERFORMING PARTY agrees to reimhurse the Commission any ovcrpayrnents received as a
result of the above stared 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
ate approval,shall cause the Commission to owe the PERFORMING PARTY more than the"Total
Costs" or result in a reduction in the deliverables as set forth in the Scope of Work. If the final
fringe rate is higher than the provistonul rate, an adjustment may be made in a future year contract.
2. The indirect rate currently authorized (for the purpose of calculating amounts to be
reirnbursed by the TCEQ)shall not exceed the ahove stated percentage for the applicable period of
the term of the Contract,subject to the previsions outlined in the Indirect Cost Rate section of this
Article.
---T EQ and Perforiuing Party agree that costs slrall not be categorized as hnlh indirect costs and as
0FF{C1A'....RECORD her" direct costs.To facilitate this end, Pcrforrning Panty shall provide to TCEQ a quanerly
CITY SECRETARIES
a ative of expenditures under the lndircct cost category. If a particular cost has been categorized
)both indirect and direct(other), then Performing Party shall return the overpaid casts to TCEQ,
FT.WORTH,T)(or TCEQ will connt the overpaid cost as an offset against future invoices.
Contract Number 582-10-8(405
Conn•act Amendment#1 3
1.2. The PERFORMING PARTY is responsible,throughout the term of Ihk Contract. for tracking and ertsuring
shat expenditure amounts wader this Conirac.t rem:tir within the various hudgeted cost categories as set i'urtrr irr this
Article. If, after taking into consideration the requirements set forth in this Artiele,the PERFORMING PARTY
determines that changes or adjustments lit any a:the currenl cost category aitvounts arc 1ikc'y to be necessary,the
PERFORMING PARTY shell suhrttil a Budgct Revision form to the TCEQ for review and approval.
1.3. Indirect Cast Rate: The Commission and the PERFORMING PARTY mast climse One of the Following
options relating to indirect rate, and identify ittat.option clearly in the comra�:t bud,-cr.. If no option is selected,
indirect rate will NOT bz: reimbersed.
option One: X
1.3.1. Thr- PERFORMING PARTY shall comply with OMB Circular A-87 and the Uniform Grant
Management Standards(UGMS)relating to Indirect Cost Rates,
1.3.:.The PERI-GRMING PARTY shall maintain all indirect rate records For the Commission's inspectiLm
or;uhmir records as per the agency's regnest.
1.5.3. The PERFORMING PANTY atgrcvs to utili7c -he provisional rate as established below and agrees to
conduct au indirect rate audit. A Final indirect rate will be established based on the actual allowable costs,as
provided in UGMS, for the period as esi'Vished by an a.adit conducted by a cutrent.ly liccnsed independent
certified public accountant and Nubm:uec to the PERFORMING PARTY and the Commission.This indirect
rate audit may be conducted at the san-ic time as any ether audit required of the PERFORMING PARTY.The
cost of tfie indirect rate audit wilil be aeconrttcd for within the indirect rate, and not directly charged to the
Commission. If the indirect rate audit is not provided to the Con'.mission within the earlier of thirty 00)driys
after receipt of the auditor's report or nine [9) months after the end of the andit period. Opion Two(below)
will appjy.
6)In accordance with OMB Circular A-87 and the UGMS,when the PERFORMING PARTY has a
federal cognizant agency or,a state coordinating agcncy, the PERFORMING PARTY must submit the
indirect rate approved by the federal cognizant agency or date coordinating agency within the past twenty
four (24)months as the provisional indirect rate.
(ii) .Alternatively, if the PERFORMING PARTY does not have atr 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
acaordar-ce wirh UGMS-
(iii) In the event,prior to the termination date ol-this Contract. art aud:tcd indirect rate which is
different from the initial provisional indirect rate set forth in this Section is accepted by Commission, :he
Commission and PERFORMING PA PITY may negotiatc anew contract budget and incorporate such into
this Contract by way of a contract change.
Ov` The provisional rate will be included :n the Antherized Expense Budget and shall remain in
effect subject to determination of a final indirect rate whist, is hased nn an audit of the contract period,
performed by a currently licensed independent cerlified public accountant,which specifically examines awl
reports the indirect rate For the PERFORMING PARTY's accounting period(s)covered urtdc. this Contract.
(v)The PERFORMING PARTY agrees to re:mbursc the Commission any overpayments reccive J
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, nr the results of any;ndirect cost autlit or rival iadit-ct rate
approval, shall cause the Commission to owe the PER'.rORMING PARTY more 1.tan the"Total Obligat33n
Amount" or result in a reduction in the deliverables set forth in die Scope eF West. 1 F the final in{]lrcct rate is
higher than the Provisional rate,an acdju:su-iem may be made in a frtture year contract.
Optio,r.Two.-
cot Cost Rates. The PERFORMING PARTY shall comply with OMB Circular A-97 and rt e
OFFICIAL '
ant Management Standards(UGMS) relating io ]ndirect Cost Rates.
CITY SECRETA&I
l FTCV9 tTAAer�8L-10-86405
-- net-r4-metydrrfent 9 1 4
1.3.5. The PERFORMING PARTY shall mainlain all indirect rate records For(lie Commission's inspection
or submit records as per the agency's request.
1.3.6. PERFORMING PARTY agrees to an indirect rate of I.en percent (10%) or less of(lie direct salary and
wage costs of providing the service, in accordance with UGMS P.lrt II, Attachment E, P;jragraph E.2.d. No
aucit of this rate will be required by the Commission.
Option.Three:
1.?.7. PERFORMING PARTY agrees to direct bill all costs and not require indirect cost for the Contract.
L)_8 When the PERFORMING PARTY applies for foal payiieni, the PERFORMING PARTY will
certify on a written form provided by TCEQ that[he PERFORMING PARTY has not engaged in the
lobbying of the Federal Government or in litigation against [lie United States uriless authorized under
existing law.
ARTICLE ;'.. SUBMITTAL OF P.AYMFNT RE-QUESTS
Payment requests must be submitted at the interval specified below(whicliever is checked; if none are cliecked,
payment requests must be submitted monthly; if more than oiic(I)is checked, invoices must be submitted when Llnth
requirements are met):
❑monthly
U upon ct;ntlaletian of deliVCrablCS specified herein (see i.
El upon completicrn of all Work
X Other(specify) uarterl to he received within rhirt 3U da s after the end of the fiscal carter.
Included_wirh_the invoice which shall he provided in a forma[aecept�ble to the TCE[�, will he the FSR
F(nancia: Status Report).grid the PAR Form. _
OFFICIAL RECORD]
CITY SECRETARY
FT WORTH. i X
Contract Number 582-10-86405
Contract.Amendment.4 1
Page 1 of?
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/11/2010 -Ord. No. 19141-05-2010
DATE: Tuesday, May 11, 2010 REFERENCE NO.: **C-24214
LOG NAME. 52TCE❑ BID 2010#1
SUB.lECT:
Authorize the Execution of Amendment No. 1 to City Secretary Contract No. 38799 an Interlocal
Agreement with the Texas Commission on Environmental Quality for the Operation of Local Air Pollution
Monitors in the Amount of$367,627.23 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 38799 with the
Texas Commission on Environmental Quality extending the Contract time through August 31, 2011, and
increasing the not to exceed amount from$410,500.00 to$778,127.23;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$367,627.23 in Fiscal Year 2010-2011, 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 Texas Commission on Environmental Quality (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, 2011, and increases the not to
exceed amount of the Contract from$410,500.00 to$778,127.23.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services 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.
FUND CENTERS:
TO Fun /AceountlCenters FROM Fund/ _ccountlCenters
Z) —451543 02412374000 1�T 2
2�R76 5[VARIOtJSI. 052412.. 70 X367 627.23
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13486&printrtrue&DocType=Print 5/26/2010
Page 2 of 2
CERTIFICATIONS:
Submitted for_City AAana er's Officey: Fernando Costa {5122}
Originating De artrnAWt_J4ead: Brian Boerner (5647)
A dition ll I formation Contact: Michael Gange (6569)
ATTACHMENTS
�1. 52TQEQ_61_Q_2Q1 Q 1 AO..doc (Public)
http:l/apps.cfwrnet.orglecouncii/printme.asp?id=13486&printrtrue&DocType=Print 5i2612010