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Home My WebLink AboutContract 35652-A3 CONTRACT NUMBER 582-8-72691 CONTRACT AMENDMENT STATE OF TEXAS § CITY SECRETARY COUNTY OF TRAVIS § CONTRACT NO._ CO' �35 AMENDMENT NUMBER 3 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 through FY 11. 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 $ 60,000.00 Contract Amendment No. 31 FYI $ 60,000.00 The Total Contract Amount $240,000.00 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: Two Hundred Forty Thousand Dollars and no cents $240,000.00 4. The Section titled "Term of Contract" is amended to extend the contract period through August 31, 2011. With this amendment, this section now reads: Article 4. TERM OF CONTRACT This Contract shall begin on 9/1/2007, and shall terminate on full performance, which is due on 8/31/2011,unless terminated early or extended in accordance with the terms of the Contract. 08 OFFICI,A�I`2� ORD -1 9- �I -SMRETARY FT.WORTH,TX Contract Number 582-8-72691 1 0"!-'??-1 O f 0 2 5 0 IN Amendment#3 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. All other conditions and requirements of Contract Number 582-8-72691 remain unchanged. RECEIVING AGENCY PERFORMING PARTY Texas Commission on Environmental Ouality City of Fort Worth By: By: / �•�o uthorized Signature Authorized Signature John Sadlier Fernando Costa Printed name Printed name Deputy Director, Assistant City Manager Office of Compliance and Enforcement Title // Title Date: 11?� 12 J 7 o Date: —-7 Z 1//0 R IAL RECORD SECRETARYWORTH,TX Contract Number 582-8-72691 2 Amendment#3 Texas Commission on Environmental Quality Contract 582-8-72691 APPROVED AS TO FORM & LEGALITY: By C2w Title: Assistant City Attorney ATTEST: a�0 0 By V -4 a�� Printed Name: Marty Hendrix S� 0 0 d o 0 % 0 d Title: City Secretary ��000 00 iK,a Date: 13� ID M & C: OFFICIAL,RECORD CITY SECRETARY FT.WORTH,TX. 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 Budget Personnel/Salary $3 7,127.88 Fringe Benefits 1 $10,440.36 Travel $0.00 Supplies $3 3 8.44 Equipment $0.00 Contractual $0.00 Other $1,875.66 Other-Third Party In-kind $0.00 Total Direct Costs $49,782.34 Authorized Indirect Costs2 $10,217.66 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 28.12%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 1.3.1.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 Contract Number 582-8-72691 3 Amendment#3 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX 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 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. OFFICIAL RECORD Contract Number 582-8-72691 4 CITY SECRETARY Amendment#3 FT.WORTH,TX 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.must be the FSR(Financial Status Report) and the PAR form. OFFICIAL,RECORD Contract Number 582-8-72691 5 CITY SECRETARY Amendment#3 FT.WORTH,TX 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 arrative. 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 ward document. Signature of Authorized Certifying official Typed or Printed Name and Title Telephone (Area code, number and Tate Submitted ext. ) OFFICIAL REGARD Contract Number 582-8-72691 6 CITY SECRETARY Amendment#3 �.WO 'T 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 a roval 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 1Of 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 7 1,0FF IC IAL RECORD Amendment#3 CITY SECRETARY L,. .FT�1NORT ,TX� ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE COST(THIS PERIOD) TASKS IF- -II_ 1E IF IF F Jr0_TA1 CONSTRUCTION EXPENDITURES(must agree with line 10g on Form 269a) 'LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. Contract Number 582-8-72691 8 ®FF`��®R® Amendment#3 CITY SECRIET�R� F WORTH,TX ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED Should match description provided forapproval) COST COST IF 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 LO-TAL OTHER EXPENDITURES(must agree with line 10h on Form 269a) $ 'LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED$500. OFFICIAL.RECORD Contract Number 582-8-72691 9 Amendment#3I SECI�ETAI�lI FT WORTH,TX ITEMIZATION OF PERSONNEUSALARY AND TRAVEL COSTS PERSONNEUSALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS PERIOD 1E rTL PERSONNEUSALARY EXPENDITURES (must agree with line 10a on Form 269a) Is 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 10 OFFICIAL RECORD Amendment#3 CITY SECRETARY EFT WORTH,TX 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 TCEO Financial Status Report(TCEO Form 269a)and any required TCEO 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 he various tasks or objectives supported. _ Contract Number 582-8-72691 11 ®FFiC1iAl-R�E�ARY Amendment#3 �� SECRET FORTWORTH INTEROFFICE MEMO TO: Tara Sims, Environmental Management Department FROM: Allison Tidwell, City Secretary's Office DATE: July 26, 2010 SUBJECT: AMENDMENT NO. 3 TO CITY SECRETARY CONTRACT NO. 35652 IN THE AMOUNT OF $60,000.00 FOR OPERATION OF OZONE MONITORING STATIONS (M&C C-24315) 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 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/13/2010 - Ord. No. 19212-07-2010 DATE: Tuesday, July 13, 2010 REFERENCE NO.: **C-24315 LOG NAME: 52TCEQ OZONE AMENDMENT 3 FY11 SUBJECT: Authorize the Execution of Amendment No. 3 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 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1.Authorize the City Manager to execute Amendment No. 3 to City Secretary Contract No. 35652 with the Texas Commission on Environmental Quality extending the contract period through August 31, 2011 and increasing the not to exceed amount from $180,000.00 to$240,000.00; 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 2010-2011, 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, 2011 and increases the not to exceed amount of the contract from $180,000.00 to $240,000.00. Air monitoring stations support community tracking of ozone air pollution in all Council Districts. 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. http://apps.cfwnet.org/ecouncil/printmc.asp?id=13709&print=true&DocType=Print 7/20/2010 Page 2 of 2 FUND CENTERS: TO Fund/AccounVCenters FROM Fund/Account/Centers 2)GR76 451543 052412209000 $60.000.00 2 GR7 5(VARIOUS) 052412209010 $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 3 FY11 AO.doc (Public) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13709&print—true&DocType=Print 7/20/2010