HomeMy WebLinkAboutContract 46973-A2 CITY SECRETARY
CONTRACT N0. 3 �
CONTRACT NUMBER 582-16-60018
AMENDMENT#2
The Texas Commission on Environmental Quality("TCEQ")and the City of Fort Worth
("PERFORMING PARTY"),agree to amend Contract#582-i6-60018 in accordance with
General Term and Condition No.1.2 and to extend the term of the Contract to August 31,2018
by exercising the second of two,one-year renewals per Special Term and Condition No.1 of the
Contract.In addition,the total compensation possible under the Contract is increased to
$1,238,457.24 for Fiscal Year(FY)2018 to perform work as described in paragraphs 1 and 2 of
the Scope of Work on page 11 of the Contract. The Contract is amended as follows:
TCEQ and the City of Fort Worth agree the total compensation possible under this Contract is
increased as follows:
1. The Maximum TCEQ Obligation is increased by$386,000.00 to$1,238,457.24. The total
compensation possible under this contract is:
Original Contract Amount(FY16) $423,298.62
Amendment#1(FY17 Renewal) $429,158.62
Amendment#2(FY18 Renewal) $386,000.00
Total Contract Amount(Maximum TCEQ Obligation) S1,2548,457.24
2. The TCEQ has reviewed and approved the budget submitted by the City of Fort Worth. The
Cost Budget for Fiscal Year 2018 is hereby included in its entirety by Attachment A of this
Amendment.
3. The Term of the Contract is extended to August 31,2018.
All other conditions and requirements of Contract Number 58246-60018 remain unchanged.
TCEQ: PERFORMING PARTY:
Texas Commission on Environmental Quality City of Fort Worth
By: By
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(Signature) (Signature)
Richard A.Hyde.P.E. Fernando Costa
(Printed Name) (Printed Name)
Assistant City Manager
Executive Director
(Title) (Title)
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CONTRACT NUMBER 582-i6-6ow8
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 $204,390.75
Fringe Benefits $77,137-07(37-74%)
Travel $3,000.00
Supplies $17,000.00
Equipment $0.00
Contractual $0.00
Construction $0.00
Other $24,000.00
Indirect Costs $60,472.18
Total $386,000.00
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:
r
This rate is less than or equal to(check one):
® Predetermined Rate—an audited rate that is not subject to adjustment.
❑ Negotiated Predetermined Rate—an experienced-based predetermined rate
agreed to by Performing Party and TCEQ.This rate is not subject to adjustment.
❑ Default rate—a standard rate of ten percent of salary/wages may be used in lieu of
determining the actual indirect costs of the service.
Contract No.582-16-60018 Amendment No.2
Page 2 of 4
CONTRACT NUMBER 582-i6-60018
3. Other. If Budget Category"Other"is greater than$25,000 or more than 10%of
budget total,identify the main constituents: ISS Leased Equipment,Cellular/mobile
Phone Service
4. Travel. In order to be reimbursable,travel costs must be specifically
authorized in advance of the travel. Travel costs 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.
5. 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.
6. Budget Control.
a. Cumulative transfers equal to or less than io%of the Total Budget.
Performing Party may transfer amounts between the approved direct cost budget
categories so long as cumulative transfers from direct cost budget categories
during the Contract Period do not exceed ten percent(10%)of the Total Budget
amount. Performing Party must timely submit a Budget Revision Request(BRR)
Form reflecting the revised budget. Upon approval by TCEQ,the BRR will be
incorporated into this Contract as though it is a document revised under General
Term and Condition Section 1.2.The 10%limit does not reset with the approval of
each BRR.It resets when an amendment is signed by the parties reflecting
changes to the budget.
b. Cumulative transfers greater than io%of the Total Budget. TCEQ must
pre-approve in writing all budget revisions that result in the cumulative
transfer from direct cost budget categories of funds greater than io%of the Total
Budget during the Contract Period. The Performing Party must request to amend
the Contract.A contract amendment is required before Performing Party incurs
these costs.
c. Performing Party may not transfer amounts to budget categories containing zero
dollars without TCEQ pre-approval in writing.
7. Invoice Submittal. Unless otherwise stipulated in the Contract,invoices must be
submitted quarterly and invoices shall be submitted within thirty(30)days after the
end of the fiscal quarter to the individual named in TCEQ Project Representatives
and Records Location. Final invoices shall be submitted within two(2)calendar
months after completing the Scope of Work activities. TCEQ may unilaterally extend '
this deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows how the budget
control requirement is being met.
8. 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 such as 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. Performing
Party shall maintain records subject to the terms of this Contract.
Contract No.582-i6-600i8 Amendment No.2
Page 3 of 4
CONTRACT NUMBER 582-16-60018
9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the
reimbursable rate entered 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).Performing Party must fund all
unreimbursed indirect costs from other funds.It is the Performing Party's
responsibility to ensure that unreimbursed indirect costs are not charged to other
projects which do no benefit from them,and that it uses funding sources that may be
properly used to fund its unreimbursed costs.
Contract No.582-16-6=8 Amendment No.2
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday,August 29, 2017 REFERENCE NO.: ""C-28348
LOG NAME: 23WHOLE AIR MONITORING GRANT TCEQ CONTRACT AMEND NO. 2 FYI
SUBJECT:
Authorize Execution of Second Amendment to City Secretary Contract No. 46973, an Intergovernmental
Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the Amount
of$386,000.00 for the Operation of Local Air Pollution Monitors,Apply Indirect Costs at Approved
Percentage Rate and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1, Authorize execution of second amendment to City Secretary Contract No.46973, an Intergovernmental
Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the
amount of$386,000.00 for the contract period of September 1, 2017,through August 31, 2018;
2.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$386,000.00, subject to receipt of an executed contract; and
3.Apply the indirect cost at the rate of 21.48 percent in accordance with the terms of the
Intergovernmental Cooperative Reimbursement Contract.
DISCUSSION:
The City of Fort Worth operates a comprehensive air quality program under five separate, but related
contracts with the Texas Commission on Environmental Quality(TCEQ). This overall program benefits the
City by ensuring that facilities are in compliance with air quality regulations and by supporting reliable data
collection for air pollutants. One of the five contracts, partially funded by the State of Texas, specifically
supports air compliance investigations for over 700 permitted facilities within Fort Worth. Four other
contracts,funded by the State of Texas and federal partners (e.g., United States Environmental Protection
Agency)support operations of different air quality monitoring instruments and related aspects of air
monitoring networks. If executed, this contract will provide for the whole air monitoring aspects of the
network.
This amendment to City Secretary Contract No. 46973(Initial Contract)will require the City of Fort Worth
(City)to operate local air pollution monitors to include retrieving the sampling filters and data, sending
filters and data for analysis, and performing regular audit and maintenance activities on the equipment
under the terms of the contract.The contract period will be September 1, 2017, through August 31, 2018,
with a not to exceed amount of$386,000.00 for reimbursement of expenses to the City.
DOCUMENT MBC N JAPPROVAL DATE;TCEQ AMOUNT
Initial Contract _T C-27374~F 07/27/2015 F $423,298.62_
Amendment C-27856 1 08/09/2016 1 $429,158.62
Amendment No. 2 Pending Pending $386,000.00 i
TOTAL $852,457.24
Logname:23 WHOLE AIR MONITORING GRANT TCEQ CONTRACT AMEND NO. 2 FYI Page 1 of 2
In 2003,the United States Environmental Protection Agency launched the whole air monitoring network
and designated the Texas Commission on Environmental Quality as the administering agency.Since the
inception of this monitoring program, the Texas Commission on Environmental Quality has contracted with
the City for operation and maintenance of the monitoring equipment.
This Agreement will serve ALL COUNCIL DISTRICTS.
This contract will be with a governmental entity, state agency or public institution of higher education:
Texas Commission on Environmental Quality.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance 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. The Code Compliance Department will be responsible for the collection and deposit of
funds due to the City. Prior to expenditure being made, the Code Compliance Department has the
responsibility to validate the availability of funds. No City of Fort Worth match funding is required with this
program. This is a reimbursement grant.
FUND IDENTIFIERS (FIDs):
TO
rt�
partment ccoun Project Program ctivity Budget Reference# moun
ID ID Year Chartfield 2
FROM
Fun Department ccoun Project Program ctivity Budget Reference# moun
ID ID Year (Cha old 2
CERTIFICATIONS:
Submitted for City Mananer's Office by: Fernando Costa (6122)
Orlainatina Department Head: Brandon Bennett (6345)
Cody Whittenburg (5455)
Additional Information Contact: Elmer DePaula (7251)
ATTACHMENTS
1. 23Whole Air Ordinance Admen No. 2 FY18.docx (Public)
2. 582-16-60018-Amendment 2- Final RA052617 (clean).Ddf (CFW Internal)
i
Logname:23WHOLE AIR MONITORING GRANT TCEQ CONTRACT AMEND NO. 2 FYI Page 2 of 2