HomeMy WebLinkAboutContract 35652-A2 CONTRACT NUMBER 582-8-72691
CONTRACT AMENDMENT
STATE OF TEXAS §
COUNTY OF TRAVIS n�ETAFY
AMENDMENT NUMBER 2
The Texas Commission on Environmental Quality(TCEQ), and the City of Fort Worth hereby agree to
amend Contract No. 582-8-72691, as shown below. This amendment increases the total compensation
possible under the contract in order that the City of Fort Worth may continue to operate and maintain three
continuous air monitoring stations.
1. TCEQ and the City of Fort Worth agree that the total compensation possible under this contract is
increased as follows:
The Original Contract Amount $ 60,000.00
Contract Amendment No. 1 $ 60,000.00
Contract Amendment No. 2, FY10 $ 60,000.00
The Total Contract Amount $180,000.00
2. Article 2 (relating to Pricing and Payment) contains a Contract Costs Budget Sheet. 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. Article 3 (Maximum Amount of Contract) is amended to reflect that the contract amount shall not
exceed:
One Hundred Eighty Thousand Dollars and no cents $180,000.00
4. The Section titled "Term of Contract," is amended to extend the contract period through August 31,
2010. With this amendment, this section now reads:
Article 4.TERM OF CONTRACT
This Contract shall begin on 9/l/2007, and shall terminate on full performance, which is due on
8/31/2010,unless terminated early or extended in accordance with the terms of the Contract.
5. Article 5 of the General Conditions (relating to Payment) requires that invoices be provided in a
format acceptable to the TCEQ. TCEQ has attached a Financial Status Report (FSR) which is an
acceptable format for invoice submittals and has included a template in this Amendment as
Attachment B.
L� OFFICIAL RECORD
ITY SECRETARY
WORTH,TX
Contract Number 582-8-72691 1
Amendment#2
All other conditions and requirements of Contract Number 582-8-72691 will remain unchanged.
RECEIVING AGENCY PERFORMING PARTY
Texas Commission on Environmental Quality City of Fort Worth
By: By: tArw�
Aut orized Signature Authorized Signature
John Sadlier Fernando Costa
Printed name Printed name
Deputy Director, Assistant City Manager
Office of Compliance and Enforcement
Title ii Title
Date: O 12 Date:
APPROVED AS TO FORM & LEGALITY:
By �'"�/ �'�_. �✓� . CL(�
Title: Assistant City Attorney
ATTEST:
By
Printed Name: MartV Hendrix
Title: CitV Secretary
OFFICIAL RECORD Date: 41 O q
CITY SECRETARY M & C:
WORTH,TX
Contract Number 582-8-72691 2
Amendment#2
Attachment A
Contract Costs Budget for FY10
ARTICLE 1. AUTHORIZED EXPENSE BUDGET
1.1. The authorized expenses, acquisitions, or expenditures under this Contract are as follows:
Budget Category Budget
Personnel/Salary $33,075.00
Fringe Benefits l $8,980.00
Travel 0.00
Supplies $3,050.00
Equipment 0.00
Contractual 0.00
Other $5,862.00
Other-Third Party In-kind 0.00
Total Direct Costs $50,967.00
Authorized Indirect Costs2 $9,033.00
TCEQ Share $60.000.00
Grantee Cost Share 0.00
TOTAL COSTS $60,000.00
1. Fringe benefits shall be reimbursed at actual costs and shall not exceed 27.5 % 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.
L2. 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
1.3.1. The PERFORMING PARTY shall comply with OMB 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 directly charged to the Commission.If the
Contract Number 582-8-72691 3
Amendment#2
indirect rate audit is not provided to the Commission within the earlier of 30 days after receipt of the auditor's
report or nine months after the end of the audit period,Option Two(below)will apply.
(i) In accordance with OMB 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 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 accordance with
UGMS.
(iii) In 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 Budget 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.If the final indirect rate is higher than the
provisional rate, an adjustment may be made in a future year contract.
Option Two:
1.3.4.Indirect Cost Rates.The PERFORMING PARTY shall comply with OMB 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 PARTY 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):
❑ monthly
❑ upon completion of deliverables specified herein(see ).
❑upon completion of all Work
X Other(specify) Quarterly to be received within 30 days after the end of the quarter. Included with the
invoice which shall be provided in a format acceptable to the TCEO, will be the FSR(Financial Status Report)
and the PAR form.
Contract Number 582-8-72691 4
Amendment#2
Attachment B
Texas Commission on Environmental Quality
FINANCIAL STATUS REPORT
1. STATE AGENCY ORGANIZATION UNIT
TO WHICH REPORT IS SUBMITTED:
2. GRANT/CONTRACT TITLE:
3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE
ADDRESS, INCLUDING ZIP CODE)
5. TCEQ CONTRACT NUMBER:
6. FINAL REPORT: YES NO
7. ACCOUNTING BASIS: CASH ACCRUAL
8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT:
FROM TO FROM TO
10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance **
Budget This Report Project Cost
a.Personnel/Salary
b.Fringe Benefits
c.Travel
d.Supplies
e.Equipment
f.Contractual
g.Construction
h.Other
i.Total Direct Costs (Sum a - h)
j.Indirect Costs
k.Total (Sum of i & j)
*List (Itemize) on the appropriate supplemental form all component expenses comprising the total
for each of these categories.
Please attach receipts, as required, in accordance with Attachment B of your contract.
**Negative balances in any of the budget categories should be explained in a brief accompanying
-narrative.
11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and
complete and that all outlays and unliquidated obligations are for the purposes set forth in the
award document.
Signature of Authorized Certifying
Official
Typed or Printed Name and
Title
Telephone (Area code, number and ate Submitted
ext. )
Contract Number 582-8-72691 5
Amendment#2
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES (during this reportperiod)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for COST COST
approval)
TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 269a)
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR(NAME) FOR COST(THIS PERIOD) TASKS
TOTAL CONTRACTUAL EXPENDITURES (must agree with line 1 Of on Form 269a)
LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR
EXPENDITURE.
Contract Number 582-8-72691 6
Amendment#2
ITEMIZATION OF CONSTRUCTION COSTS
CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE COST(THIS PERIOD) TASKS
IF-
IF-
IE
7F-
1!5��—C—ONSTRUCTION EXPENDITURES (must agree with line 10g on Form 269a) IF
'LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
Contract Number 582-8-72691 7
Amendment#2
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED Should match description providtd fora royal COST COST
TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 269a) $
OTHER EXPENDITURES (during this report period)
NUMBER DESCRIPTION UNIT TOTAL TASKS
PURCHASED COST COST
TOTAL OTHER EXPENDITURES(must agree with line 1 Oh on Form 269a) $
"LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL
OR EXCEED$500.
Contract Number 582-8-72691 8
Amendment#2
ITEMIZATION OF PERSONNEUSALARY AND TRAVEL COSTS
PERSONNEUSALARY EXPENDITURES (during this report period)
EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS
PERIOD
�EAL:PERSONNEIJSALARY EXPENDITURES (must agree with line 10a on Form 269a) $
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION REASON COST(THIS PERIOD TASKS
OTAL TRAVEL EXPENDITURES (must agree with line 10c on $
Form 269a
* SUBSTANTIATING DOCUMENTATION (time sheets,travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM
Contract Number 582-8-72691 9
Amendment#2
Financial Status Report Preparation Instructions
1. The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract,shall
submit, a completed, legible TCEQ Financial Status Report (TCEQ Form 269a)and any required TCEQ Supplemental 269a
forms. Unless directed otherwise in the Contract,the PERFORMING PARTY shall submit such payment request documents by
not later than twenty-one (21)days after the close of each state fiscal year quarter. The reporting periods shall also correspond
to the State of Texas fiscal year quarters (September-November; December-February, March-May;June-August). Each
Financial Status Report shall indicate,for each budget sub-category the PERFORMING PARTY'S project expenditures for the
period in question,the cumulative expenditures with respect to each budget sub-category, and the balance remaining in each
budget sub-category following reimbursement of the amount being requested. A quarterly Financial Status Report is required
even if no expenses were incurred during the report period.
2. All requests for reimbursement of expenditures that fall within either the"Equipment"or"Contractual"categories of the Contracts
Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the
major tasks or objectives, set forth in the Scope of Work,that such expenditures support or satisfy. In addition, the
PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-1, legible documentation that
(1)serves to further identify the specific piece of equipment received or the services provided, (2)clearly identifies the vendor or
subcontractor who provided the equipment or services, and (3)that confirms the reimbursable amount listed on the form. In the
case of equipment purchases,the attached documentation shall be either a purchase order marked"received/paid"or a vendor-
submitted invoice similarly marked. In the case of subcontractor provided services,the documentation shall consist of a dated
invoice that shows the amount billed to the PERFORMING PARTY and any"past due"amount from previous invoices.
3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the
Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-2 and identified with respect
to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition,the
PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-2, legible documentation that
(1)serves to further identify the specific cost, (2)clearly identifies the vendor or subcontractor who provided the construction
related materials or services, and(3)that confirms the reimbursable amount listed on the form. The attached documentation
shall be either a purchase order marked"received/paid"or an invoice similarly marked. In the case of subcontractor provided
construction services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING
PARTY and any"past due"amount from previous invoices.
4. All requests for the reimbursement of expenditures that fall within either the"Supply'or"Other"categories of the Contracts Cost
Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-3 and identified with respect to the major
tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition,for any single-listed
item or service costing more than$500,the PERFORMING PARTY shall attach, for each reimbursable cost listed on
Supplemental Form 269a-3, legible documentation that(1)serves to further identify the specific items or services, (2)clearly
identifies the vendor or subcontractor who provided the items or services,and (3)that confirms the reimbursable amount listed
on the form. Although issued purchase orders and/or invoices marked"received/paid" represent the preferred types of
documentation for purposes of this section,the PERFORMING PARTY may substitute/attach other records or documents that
provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or
similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming
documentation when submitting reimbursement requests to the TCEQ.
5. All requests for reimbursement of expenditures that fall within either the"Personnel/Salary"or`Travel"categories of the
Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-4 and identified with respect
to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. Although no
supporting documentation is required to be attached to Supplemental Form 269a-4 with respect to reported"Personnel/Salary'
expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can
serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, all costs
listed on Form 269a-4 must be supported by attached documentation that identifies the name of the traveler's, and that
substantiates the reported reimbursable costs. Documentation,for the purpose of substantiating travel-related costs, includes
the following: (1) legible copies of the PERFORMING PARTY-approved travel vouchers,signed by the employees who traveled,
and (2)for any travel-related expenses under this contract borne directly by the PERFORMING PARTY(and thus for which
reimbursement by the PERFORMING PARTY to the traveler was not required)separate receipts showing, at a minimum,the
traveler's name,the travel location, and the travel date(s).
6. When a single expenditure supports or satisfies more than one task or objective,the PERFORMING PARTY need not
breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the
various tasks or objectives supported.
Contract Number 582-8-72691 10
Amendment#2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/14/2009 - Ord. No. 18703-07-2009
DATE: Tuesday, July 14, 2009 REFERENCE NO.: **C-23636
LOG NAME: 52TCEQ OZONE AMENDMENT 2 FY10
SUBJECT:
Authorize Execution of Amendment No. 2 to City Secretary Contract No. 35652 in the Amount of
$60,000.00 with the Texas Commission on Environmental Quality for the Operation of Ozone Monitoring
Stations and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 35652 with the
Texas Commission on Environmental Quality extending the contract period through August 31, 2010, and
increasing the not to exceed amount from $120,000.00 to $180,000.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$60,000.00 in Fiscal Year 2009-2010, subject to receipt of an executed
contract amendment; and
3. Apply indirect cost at the rate of 21.48 percent in accordance with the terms of the Interlocal
Agreement.
DISCUSSION:
The Environmental Management Department operates and maintains three continuous air monitoring
stations for the Texas Commission on Environmental Quality (TCEQ). One station is located in the Keller
area, another is near Annetta in Parker County and the third is located in the northwest corner of Tarrant
County. All three stations are equipped with an ozone monitor and a meteorological tower to monitor wind
speed, wind direction and temperature. These monitors are part of the state initiative for Environmental
Monitoring for Public Access and Community Tracking of ozone air pollution in the Fort Worth/Dallas area.
The TCEQ provides all the air monitoring equipment, parts and supplies for the proper operation of the air
monitoring stations and is contracting with the City of Fort Worth for the operation and maintenance of
these monitoring stations. The City will be responsible for retrieving the sampling data, sending it for
analysis and performing regular audit and maintenance activities on the equipment.
This Amendment extends the term of the contract through August 31, 2010, and increases the not to
exceed amount of the contract from $120,000.00 to $180,000.00.
FISCAL INFORMATION / 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 Fund/Account/Centers FROM Fund/AccountlCenters
2) GR76 451543 052412207000 $60,000.00
2)GR76 5(VARIOUS) 052412207030 $60,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating_Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
1. 52TCEQ OZONE AMENDMENT.2 FY10 AO REVISED.doc (Public)
FORTWORTH
INTEROFFICE MEMO
TO: Tara Sims, Environmental Management
FROM: Allison Tidwell, City Secretary's Office
DATE: July 22, 2009
SUBJECT: AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 35652 FOR
OPERATION OF OZONE MONITORING STATIONS
These documents are being forwarded to you for original signatures from the Texas Commission on
Environmental Quality. All signed copies of the contract must be returned with original signatures
for final processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 4 sets
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/14/2009 - Ord. No. 18703-07-2009
DATE: Tuesday, July 14, 2009 REFERENCE NO.: **C-23636
LOG NAME: 52TCEQ OZONE AMENDMENT 2 FY10
SUBJECT:
Authorize Execution of Amendment No. 2 to City Secretary Contract No. 35652 in the Amount of
$60,000.00 with the Texas Commission on Environmental Quality for the Operation of Ozone Monitoring
Stations and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 35652 with the
Texas Commission on Environmental Quality extending the contract period through August 31, 2010, and
increasing the not to exceed amount from $120,000.00 to $180,000.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $60,000.00 in Fiscal Year 2009-2010, subject to receipt of an executed
contract amendment; and
3. Apply indirect cost at the rate of 21.48 percent in accordance with the terms of the Interlocal
Agreement.
DISCUSSION:
The Environmental Management Department operates and maintains three continuous air monitoring
stations for the Texas Commission on Environmental Quality (TCEQ). One station is located in the Keller
area, another is near Annetta in Parker County and the third is located in the northwest corner of Tarrant
County. All three stations are equipped with an ozone monitor and a meteorological tower to monitor wind
speed, wind direction and temperature. These monitors are part of the state initiative for Environmental
Monitoring for Public Access and Community Tracking of ozone air pollution in the Fort Worth/Dallas area.
The TCEQ provides all the air monitoring equipment, parts and supplies for the proper operation of the air
monitoring stations and is contracting with the City of Fort Worth for the operation and maintenance of
these monitoring stations. The City will be responsible for retrieving the sampling data, sending it for
analysis and performing regular audit and maintenance activities on the equipment.
This Amendment extends the term of the contract through August 31, 2010, and increases the not to
exceed amount of the contract from $120,000.00 to $180,000.00.
FISCAL INFORMATION / 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 Fund/Account/Centers FROM Fund/AccounVCenters
2) GR76 451543 052412207000 $60,000.00
Z) 276 •5(VARIOUS) 052412207030 $60,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
ATTACHMENTS
1. 52TCEQ.OZONE AMENDMENT 2 FY1_0 AO REVISED_doc (Public)
J