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i 0=!Thy Texas Commission on Environmental Quality (TCEQ), and the City of Fort
Worth, agrees to amend Contract No. 582-15-50123 to extend the term of the
contract and increase the total compensation possible under the contract to
include funding for FY16. The City of Fort Worth 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 §382.0622.
1. The total compensation possible under this contract is increased as follows:
CITY 15 .Clic.\'‘,67-4AN
(CONTRACT RI
TCEQ CONTRACT NUMBER 582-15-50123
AMENDMENT NUM
The Original Contract Amount
Contract Amendment No. 1 (FY16)
The Total Contract Amount
ER
$275,233.00
$27F,2T1.00
$550,466.00
2. The Maximum Amount of Contract is increased to $550,466.00
3. The Term of Contract is extended to August 31, 2016.
4. Beginning on September 1, 2015, reimbursement for contract activities will no
longer be determined through a fixed estimated cost per task. The
reimbursement will be based on allowable costs approved by TCEQ.
5. Paragraph 2 of the Special Terms and Conditions is amended to read as
follows:
Each request for payment must show the cumulative amount of
match provided by the PERFORMING PARTY for the fiscal year.
The final request for payment must show that the 33% local match
has been provided, calculated based on the Total Program Cost. If
the first quarter (September 2015 through November 2015), second
quarter (December 2015 and February 2016), and third quarter
(March 2016 and May 2016) requests for payment do not reflect that
the 33% local match has been provided, PERFORMING PARTY shall
provide the amount of the match shortage and a statement each
quarter acknowledging that it anticipates meeting the 33% local
match requirement by the time the final request for payment is
submitted.
6. Paragraph 1.3 of the Scope of Work in the Administrative Regulations section
is amended to read as follows:
Fiscal Analysis of Budget. PERFORMING PARTY must submit
documentation to the TCEQ showing how it will provide matching funds
30 days before the beginning of each fiscal year. Documentation shall also
include the indirect rate, basis for indirect rate, list of current and known
future expenses, and an itemized breakdown of direct charges. If the
PERFORMING PARTY does not utilize an indirect rate, it must say so in
the documentation.
7. Paragraph 1.4 of the Scope of Work in the Administrative Regulations section
is amended to read as follows:
Contract Number 582-15-50123 1 of 9
Amendment # 1
OFFICIAL RECORD
CITY SECRETARY
1T.1111ORT!i, TX
9
TCEQ CONTRACT NUMBER 582-15-50123
Contracts Cost Budget. The PERFORMING PARTY shall use the
Cost Budget form in Attachment C to this Agreement for any
proposed changes to the Budget. The Cost Budget must reflect the
Total Program Cost including the PERFORMING PARTY's
matching funds and TCEQ's obligation for the year.
PERFORMING PARTY is permitted to re -budget within the
approved direct cost budget to meet any unanticipated
requirements and may make limited program changes to the
approved budget. Certain types of changes require the prior written
approval of TCEQ, including any change resulting in the need for
additional funding, and any cumulative transfers among direct cost
categories which exceed or are expected to exceed the total costs for
the current year's budget by ten percent (io%).
Any request shall be in writing to TCEQ and TCEQ shall promptly
review, approve, or disapprove the request in writing.
8. Paragraph 1.6 of the Scope of Work in the Administrative Regulations section
is amended to read as follows:
Financial Status Report. Each quarterly request for payment must
be accompanied by a quarterly Financial Status Report (FSR). The
FSR form is Attachment A to this Agreement The approved budget
column of the FSR will come from the Cost Budget. The
PERFORMING PARTY will indicate the Match Amount on the FSR.
The FSR includes on a separate line, the total amount that is being
matched by the PERFORMING PARTY.
The PERFORMING PARTY shall submit the final FSR with the
fourth quarter invoice for each fiscal year. With each FSR, the
PERFORMING PARTY shall submit a list of property purchased
wholly or partially with funds from this Agreement and having a
unit acquisition cost of $5,000 or more. This requirement for a
final FSR is in addition to the FSR required to be submitted with
each invoice. The FSR Form Instructions are Attachment B of the
Contract Documents. The requirements of this Section shall
survive the termination of this Agreement.
9. Paragraph 1 7 of the Scope of Work in the Administrative Regulations section
is amended to read as follows:
Within 3o days after the beginning of each fiscal year, the
PERFORMING PARTY shall submit to the TCEQ Contract Manager
a copy of the annual independent financial audit required by the
UGMS. The PERFORMING PARTY is required to note any and all
deficiencies noted in the audit report that directly impacts the LAP
Program or the work performed under this agreement.
10. Paragraph 18 of the Scope of Work in the Administrative Regulations section
is amended to read as follows:
Contract Number 582-15-50123 2 of 9
Amendment #1
TCEQ CONTRACT NUMBER 582-15-5oi23
The PERFORMING PARTY shall implement and maintain the
quality control procedures on FODweb and/or ShareNet.
11. Paragraph 1.9 of the Scope of Work in the Administrative Regulations section
is amended to read as follows:
Annual Work Plan Development. TCEQ will provide a draft Work
Plan by August 1 of each fiscal year, and the parties will make all
reasonable efforts to agree on a final Work Plan by August 15 of
each fiscal year. The Work Plan will be consistent with the
direction and intent of the Compliance Monitoring Strategy for the
TCEQ Air and/or Stage II programs. The Work Plan will cover an
entire fiscal year of program activity. The Work Plan will show the
types of tasks or activities, the number of tasks to be completed
within the fiscal year. A sample Work Plan can be found in
Attachment D. Beginning in Fiscal Year 2016, the Work Plan will no
longer include fixed payment amounts. Oversight of the Work Plan
Activities is stated in Section 3 of this Scope of Work.
12. Paragraph 3.2.3 Work Plan Activities in the Requirements Applicable to All
Work Activities section is amended to read as follows:
List of Sources. The TCEQ shall develop and maintain a list of
sources subject to recurring planned investigations by applying the
Compliance Monitoring Strategy for the Air and Waste Programs,
as applicable
3.2.3.1 Reserved.
3.2.3.2 Stage II list If approved and directed by the TCEQ the
PERFORMING PARTY shall maintain a list of Stage II
facilities. The List of All Facilities shall identify all motor
vehicle fuel dispensing facilities within the PEFORMING
PARTY's territorial jurisdiction where Stage II vapor
recovery equipment was required by TCEQ rules. This
list shall be maintained as the fiscal year progresses, but
must be made as accurate as possible prior to Work Plan
development in any fiscal year.
13. Paragraph 3.2.5.1 of the Scope of Work in the Requirements Applicable to All
Work Activities section is amended to read as follows:
The PERFORMING PARTY shall initiate an appropriate enforcement
action on every air violation it detects while performing any investigation
under this Agreement. If the PERFORMING PARTY identifies any non -air
violations, it shall notify the TCEQ Regional Representative and TCEQ
Project Manager in writing so that the respective regional staff can take
any necessary actions to address the issues.
14. Paragraph 3.2.9.E of the Scope of Work in the Requirements Applicable to All
Work Activities section is amended to read as follows:
Contract Number 582-15-5o123 3 of 9
Amendment #i
TCEQ CONTRACT NUMBER 582-15-50123
A Professional Development Plan (PDP) shall be maintained for all
investigators on an annual basis. All changes to the Personal Development
plan (PDP) must be submitted to TCEQ for review a minimum of 3o days
prior to the date Performing Party seeks to utilize the proposed PDP. All
proposed changes to the PDP must be approved by TCEQ The TCEQ will
provide a sample PDP that the PERFORMING PARTY may choose to use
15. The Cost Budget Sheet is amended as follows:
Contract Number 582-15-50123 4 of 9
Amendment #1
TCEQ CONTRACT NUMBER 582-15-50123
Cost Budget Sheet (Fiscal Year 2016)
Cost Budget — Matching Funds
Cooperative Reimbursement Contract
for State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed in fiscal year
2016 are as follows:
Budget Category
Salary / Wages
Fringe Benefits
Travel
Supplies
Equipment
Contractual
Construction
Other
Total Direct Cost
Indirect Cost
Other In -kind Contributions
Total Contract Cost
Cost Share (33%)
TCEQ Reimbursement Amount (up to
67%)
Total Project Costs
$
$
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 % of (check one):
n salary and wages
modified total direct costs
P1 other direct costs base
Contract Number 582-15-50123 5 of 9
Amendment #1
$
$
TCEQ CONTRACT NUMBER 582-15-50123
If other direct cost base, identify:
This rate is less than or equal to (check one):
approved predetermined rate
I1 experienced -based predetermined rate
default rate
4. Other. If Budget Category "Other" is greater than $25,000 or more than io%
of budget total, identify the main constituents:
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 and Transfers. Notwithstanding any contrary provision
of any Cost Budget, the following provisions apply to every Cost Budget
incorporated into or approved under this Contract:
6.i Cumulative Annual Transfers Up To io% of the Cost Budget Total. The
Performing Party may transfer up to ten percent of the annual Cost Budget
Total among direct cost categories by submitting a Revised Cost Budget.
However, the ten percent limit is cumulative, and the Performing Party
may not transfer into direct cost categories containing zero dollars without
TCEQ pre -approval.
6.2 Cumulative Annual Transfers Greater Than io% of the Cost Budget Total.
TCEQ must approve all budget revisions that transfer more than ten
percent of the annual Cost Budget Total among direct cost categories
before the Performing Party incurs the increased costs. If the Cost Budget
is incorporated into the Contract, TCEQ approval must be in the form of a
Contract Amendment.
6.3 Calculation of Cumulative Annual Transfer. The cumulative annual
transfer is equal to the sum of the amounts of increase of each direct cost
category from the incorporated or approved Cost Budget. The amount by
which any direct cost category has decreased is not included in this
calculation.
6.4 All invoices must clearly show how this budget control requirement has
been met.
6.5 At a minimum, invoices must show expenses for the invoice period
including the city's match to the requested amount, 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.
Contract Number 582-15-50123 6 of 9
Amendment #1
TCEQ CONTRACT NUMBER 582-15-50123
7. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices
must be submitted to the TCEQ individual named in 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 extend this deadline by unilateral contract agreement.
8. Grant Chargeback Invoices. In the case of an invoice for grant activities
being paid during the second fiscal year for which the funds were
appropriated, ALL INVOICES MUST BE SUBMITTED IN SUFFICIENT TIME
FOR TCEQ REVIEW, NECESSARY CORRECTIONS, TCEQ APPROVAL AND
SUBSEQUENT PRESENTATION TO THE COMPTROLLER BEFORE THE
END OF THE FISCAL YEAR
9. Travel. In order to be reimbursable, travel costs must be specifically
authorized in advance of the travel. Travel costs including per diem, 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.
10. 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.
Performing Party shall maintain records subject to the terms of this Contract.
11. Indirect Costs. Performing Party's indirect costs will be reimbursed at the
reimbursable rate shown 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).
12. Indirect Rates Authorized under UGMS. The following rates are
authorized under UGMS:
12.1 Approved Predetermined Rate. An approved predetermined
rate is an indirect cost rate agreed to within the preceding 24
months in a signed indirect rate negotiation agreement with
the applicable federal cognizant agency, state single audit
coordinating agency, major state funding agency, or another
state agency designated by the Governor. An approved
predetermined rate shall be expressed as a percentage of the
direct cost base specified in the signed indirect rate
negotiation agreement.
12.2 Experience -Based Predetermined Rate. An experienced -based
predetermined rate is an indirect cost rate agreed to between TCEQ and
Performing Party where there is no approved predetermined rate and
Contract Number 582-15-50123 7 of 9
Amendment #1
TCEQ CONTRACT NUMBER 582-15-50123
there is sufficient cost experience and other pertinent facts to enable the
parties to reach an informed judgment (a) as to the probable level of
indirect costs in the Performing Party's programs during the term of the
Contract, covered by the negotiated rate, and (b) that the amount
allowable under that rate would not exceed actual indirect costs. An
experience -based predetermined rate shall be expressed as a percentage
of either (a) salary or wages, or (b) modified total direct costs Modified
total direct costs are total direct costs less "extraordinary or distorting
expenditures," usually capital expenditures, sub -awards, contracts,
assistance payments (e.g., to beneficiaries), and provider payments.
The direct cost base selected should result in the fair distribution of
indirect costs among all state and federal grants and contracts affected,
as well as other Performing Party activities that share in the indirect
costs.
12.3 Default Rate. A default rate is an indirect of ten percent (10%) of
direct salary and wages to be used where (a) there is no approved or
experienced -based predetermined rate, and (b) the Performing Party
represents that its actual indirect costs equal or exceed ten percent
(10%) of salary and fringe.
13. Adjustment of Indirect Rates. A reimbursable rate is intended to be
final. Performing Party acknowledges that TCEQ's budget is limited and
funds may not be available to reimburse any increase in indirect costs.
Performing Party waives any right it may have to upward adjustment of its
indirect rate and agrees to contribute any such increase to the successful
performance of this Contract (if matching funds are required, Performing
Party may claim such costs as all or part of its match). TCEQ waives any right
it may have to a downward adjustment of Performing Party s indirect rate,
unless the reimbursable rate is greater than the Performing Party's actual
indirect costs. If the latter case, if reasonably feasible, a compensating
adjustment shall be carried forward to this Contract or a future contract If
not feasible, where permitted by law TCEQ and Performing Party may identify
additional services to be performed by Performing Party as a compensating
adjustment, or Performing Party shall reimburse TCEQ the excess indirect
costs paid.
All other conditions and requirements of Contract Number 582-15-50123 remain
unchanged.
Contract Number 582-15-50123 8 of 9
Amendment #1
RECEIVING AGENCY
Texas Commission on
En i ; nmental Quai4ty
By:
Authorized Signature
Stephanie Bergeron Perdue.
Printed Name
Deputy Executive Director
Title
gigt(Tot5
Date
Contract Number 582-15-50123
Amendment # 1
rw
TCEQ CONTRACT NUMBER 582-15-50123
PERFORMING PARTY
City of Fort Worth
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
9of9
•
Authorized Signature
f&nandc Coda.
Printed Name
ASS/. Ott /1,7thiger
Title
Date
APPROVED AS TO POKt a AND LEGALITY:
Assistant City Attorney A rni
ary J. Kdfer, City S
C.:- A- 97trf(1+
contract Author i zstio*
a/ ism
Date
,II, 21)16
9/11/2015 M&C Review
CITY COUNCIL AGENDA
Official site of the City of Foit Worth, Texas
FORT Woni
COUNCIL ACTION: Approved on 8/11/2015 - Ordinance No. 21823-08-2015
REFERENCE ** 20TCEQ COMPLIANCE GRANT
DATE: 8/11/2015N®.: C-27414 LOG NAME AMENDMENT NO 1 FY16
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 to State Funded Grant Agreement with the Texas
Commission on Environmental Quality in the Amount of $275,233.00 for Fiscal Year 2016
Compliance Monitoring for Air Quality, Authorize In -Kind Match in the Amount of
$135,563.00, Apply Indirect Costs at Approved Percentage Rate for the Total Project in the
Amount of $410, 796.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Amendment No. 1 to State Funded Grant Agreement with the Texas
Commission on Environmental Quality for the City to provide air pollution control services
within the City of Fort Worth and accept the grant funds in the amount of $275,233.00;
2. Authorize the use of $135,563.00 from the General Fund as an in -kind match for this Agreement;
3. Apply an indirect cost rate of up to 21.48 percent in accordance with the terms of the State Funded
Grant Agreement; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $410,796.00 in Fiscal Year 2016.
DISCUSSION:
Since Fiscal Year 1991 and 1992, the City of Fort Worth (City) has entered into an annual Agreement
with the Texas Commission on Environmental Quality (TCEQ) for the City to provide certain air
pollution control services within Fort Worth. The services provided include complaint investigation, new
source review and comment, annual inspections at select major Volatile Organic Compound (VOC)
sources, used car dealership inspections and Stage II Vapor Recovery System inspections at area gas
stations.
On July 22, 2014, (M&C C-26868) the City Council authorized the execution of a State Funded Grant
Agreement with the Texas Commission on Environmental Quality for Fiscal Year 2014-2015. The initial
Agreement period began on September 1, 2014 and ends on August 31, 2015 with the option to renew
the Agreement for three additional one-year periods upon written consent of the parties.
Upon full execution of the first contract amendment, the Agreement will continue from September 1,
2015 through August 31, 2016, with a limit in the amount of $275,233.00 for reimbursement of
expenses to the City with the option to renew the Agreement for two additional one-year periods upon
written consent of the parties by an amendment to this Agreement. This Agreement requires an
additional in -kind match of $135,563.00. The new total not to exceed reimbursable amount from TCEQ
will be $550,466.00. The City must provide matching funds such that the combined federal and state
share of the total funding for the City of Fort Worth Local Air Program shall not exceed 67 percent. A
portion of the Air Quality Section's General Fund Budget for Fiscal Year 2016 will be used for the
required in -kind match.
http://apps.cfwnet.org/counciIj acket/mc_review.asp?ID=21268&councildate=8/11/2015 1/2
9/11/2015 M&C Review
Initial Contract C®26868 7/22/2014
Amendment
No. 1
Upon approval and acceptance of the grant, City funds will be expended before receipt of grant funds.
Approval Grant
Document M&C No. In -Kind Total
Date Amount
$275, 233.00 $135, 563.00 $410, 796.00
Pending Pending $275,233.00 $135,563.00 $410,796.00
* Total $550,466.00 $271,126.00 $821,592.00
This project is located in ALL COUNCIL DISTRICTS
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director 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.
TO Fund/Account/Centers
3) GR76 488279 020412725000
3) GR76 451543 020412725000
GR76 5(VAR I OU S) 020412725030
3) GR76 517040 020412725040
$135.563.00
$275.233.00
$275.233.00
$135.563.00
Submitted for City Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Derek Senter (5454)
ATTACHMENTS
20TCEQ COMPLIANCE GRANT AMENDMENT NO 1 FY16 GR76 AO docx
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21268&councildate=8/11/2015 2/2