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HomeMy WebLinkAboutContract 51485-A1 n $00. CITYSECR�o TCEQ CONTRACT NUMBER 562-1.9-90043 Amendment Number 1 AMENDMENT NUMBER i The Texas Commission on Environmental Quality(TCEQ),and the City of Fort Worth (Performing Party),agree to amend the cost budget sheet for Contract Number 582-19-90043 in accordance with General Terms and Conditions, Section 1.2.This amendment revises the Fiscal Year 2019 (FY19) Cost Budget Sheet to move$16,134.00 (3.32% of total budget)across various categories to balance the current fringe benefits requirements so that Performing Party can perform a computer refresh for four employees($2,000.00 per workstation X 4 workstations),and to renegotiate Indirect Cost Rate from 16.99%to 12.66%. Performing Party will continue to conduct air pollution control services performed within the jurisdiction of the City of Fort Worth in accordance with the Texas Health and Safety Code§382.o622. 1. The total compensation possible under this contract is as follows: The Original Contract Amount(FY19 —FY22) $1,300,932.00 Contract Amendment No. 1 Mic)Bu ,et Revision) $0.00 The Total Contract Amount $1,300,932.00 2. The Maximum Amount of Contract remains$1,300,932.00 3. The Indirect Cost Rate is lowered from 16.99%to 12.66%. 4. The FY19 Cost Budget Sheet is revised and included in its,entirety as Attachment A and is effective upon execution of this Amendment. All other conditions and requirements of Contract Number 582-19-9oo43 remain t unchanged. RECEIVING AGENCY PERFORMING PAR Texas Commission on City of Fort orth Environment Quality By: By: Aut io 'zed SigWature Authorized Signature Kristi Mills-Jurach, P.E. Valerie Washington Printed Name Printed Name Manager.Program Support Section Assistant City Manager Title Title Date o X��t�r 1 r-'T: ;{: Date ! AS by: Approved as to Form and Legality Mary J. d , �i cre ay Christa Lopez-Reynold j Contract Number 582-19-90043 ge y of 4 Amendment 1 . Senior Assistant City AttorneAly SECRETARY FT WORTH,TX ATTACHMENT A Cost Budget -Matching Funds Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: Current Budget Cost Amount of Cost Proposed Budget Budget Category Information Change Cost Information Salary/Wages $283,500.00 $500.00 $284,000.00 Fringe Benefits $112,500.00 $7,500.00 $120,000.00 Travel $7,142.60 $134.00 $7,276.60 Supplies $6,000.00 $8,000.00 $14,000.00 Equipment $0.00 $ $0.00 Contractual $0.00 $ $0.00 Construction $0.00 $- $0.00 Other $9,000 $- $9,000.00 Total Direct Cost $418,142.60 $16,134.00 $434,276.60 Indirect Costs $67,280.40 ($16,134.00) $51,146.40 Other In-kind $0.00 �- $0.00 Contributions Total Contract $485,423.00 $ $485,423.00 Cost Cost Share (33%) $160,190.00 $ $160,190.00 TCEQ S_ Reimbursement $325,233.00 $325,233.00 Amount(67%) 2. Matching Funds. This Contract requires matching funds. Performing Party must match TCEQ expenditures by contributing 33%of the total project costs as shown above. Each invoice must demonstrate that the Performing Party is contributing the required match for the period specified on the invoice. 3. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 12.66%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): Contract Number 582-19-90043 Page 2 of 4 Amendment 1 ❑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. 4. Other. If Budget Category"Other" is greater than $25,000 or more than 10%of budget total, identify the main constituents: S. 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. 6. 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. 7. Budget Control. a. Cumulative transfers equal to or less than 10%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 10%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 10%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. 8. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to the individual named in TCEQ Project Representatives and Records Location at monthly intervals. 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. 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 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. 10. 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 Contract Number 582-19-90043 Page 3 of 4 Amendment 1 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 Number 582-19-90043 Page 4 of 4 Amendment 1 Contract Compliance Manager: By signing this document, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. a Anthony Williams NAME SIG Environmental Supervisor TITLE 0 This form is N/A as No City Funds are associated with this Contract Printed Name Signature EWORTH, 4L RECORD CITSECRETARY TX