HomeMy WebLinkAboutContract 45912-A1 (2)•
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RECEIVED C S. FORT WORTH - PM2.5
SEP 1 1 2015
MY 0F FORT WOK [tl
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CITY SECRETARY w.
9 'he Texas Commission on Environmental Quality (TCEQ) and the City of Fort Worth
- (City) agree to amend Contract No. 582-15-5o040 to extend the term of the contract by
exercising the first of three, one-year, renewals and increase the total. compensation
possible under the contract to include funding for FY16. The City will continue to
operate and maintain two continuous ambient monitoring stations (CAMS o3 ro and
CAMS oo61) in Arlington and Fort Worth, Texas TCEQ.
�. TCEQ and the City agree that the total compensation possible under this contract is
increased as follows:
The original Contract Amount (FY15) $ 36,101. 67
Contract Amendment No, i (FY16) $ 26,101.67
The Total Contract Amount $ 72,203.34
2. TCEQ has approved the Cost Budget Sheet, hereby included in its entirety by
Attachment A of this Amendment.
3, The Maximum um Amount of the Contract 1s increased to $72,2 03.34.
4. The Term. of Contract is extended to August 31, 2016.
All other conditions and requirements of Contract Number 582--15-5o0 .a remain
unchanged.
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CATY SECRETARY g
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CONTRACT NO.
TCEQ CONTRACT NUMBER 582-15-450040
AMENDMENT #1
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AMENDMENT NUMBER .
Texas Conunission ox�.
Environmental Quality
City of Fort Worth
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Authorized Signature Authorized Signature
Richard C. Chism
Printed Name
Director,
Monitoring Division
Title
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Date
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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APPROVED AS TO FORM AND. LEGALITY:
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CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT NUav BER 582-15-50040
AMENDMENT #1
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
Salary / Wages
Fringe Benefits
Travel
Supplies
Equipment
Contractual
Construction
Other
Indirect Costs
Total
Cost for Work to be
Performed
$18,300.65
$9,937.47
$o.00
$1,073.00
$o.00
$o.00
$o.00
$725.00
$6,065.55
$36,i0Y.67
2 Indirect Cost Reimbursable Rate The reimbursable rate for this Contract is
21.48% of (check one):
® salary and fringe benefits
(l modified total direct costs
n other direct costs base
If other direct cost base, identify:
This rate is less than or equal to (check one):
❑ approved predetermined rate
experienced -based predetermined rate
LI default rate
3. Other. If Budget Category "Other" is greater than $25,000 or more than in% of
budget total, identify the main constituents:
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CITY OF FORT WORTH -- PM2.5
TCEQ CONTRACT NUMBER 582-15-50040
AMENDMENT #I
4. 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,
5. 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:
5.� 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.
5 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.
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.
5.4 All invoices must clearly show how this budget control requirement has been
met.
5.5 At a minimum, invoices must show expenses for the invoice period, year-to-
date expenses projected totals £oi the year (or applicable contract period),
percent of budget spent to date, and percentage of budget projected to be spent.
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 extend this deadline by unilateral contract agreement.
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.
8. 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.
5.3
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CITY OF FORT WORTH - PM2.5
TCEQ CONTRACT NUMBER 582-15-50040
AMENDMENT #1
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.
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 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).
11. Indirect Rates Authorized under UGMS. The following rates are
authorized under UGMS.
11.1 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.
11.2 Experience -Based Predetermined Rate, An experienced -based
predetermined rate is an indirect cost rate agreed to between TCEQ and
Performmg Party, where there is no approved predetermined rate and there is
sufficient cost experience and othei 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 and wages, or (b) modified total
direct costs. Modified total direct costs are total direct costs less
"extraordinary or distorting expenditures," usually capital expenditures,
subawards, contracts, assistance payments (e.g., to beneficiaiies), 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.
1.1.3 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 appioved or expeiienced-
based predetermined rate, and (b) the Performing Party represents that its
actual indirect costs equal or exceed ten percent (10%) of salary and fringe.
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CITY OF FORT WORTH - P1VI2.5 - TCEQ CONTRACT NUMBER 58245-50040
AMENDMENT #1
12. 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
conti.ibute 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. Tf 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.
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MVI&C Review Page 1 of 2
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
FORT WoRTI
COUNCIL ACTION: Approved on 8/18/2015 - Ordinance No. 21835-08-2015
DATE: 8/18/2015 REFERENCE NO.: **C-27421 LOG NAME:
2OTCEQ PM2.5
FY 16
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 45912, an
Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on
Environmental Quality for the Operation of Local Air Pollution Particulate Emission
Monitoring Sites in the Amount of $36,101.67 for a Total Contract Amount of $72,203.34,
Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Amendment No. 1 to City Secretary Contract No. 45912, an
Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on
Environmental Quality with an amount not to exceed $36,101.67 for the contract period September 1,
2015 through August 31, 2016;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of $36,101.67 in Fiscal Year 2016, 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 Purchase Agreement.
DISCUSSION:
In 1998 the United States Environmental Protection Agency (EPA) revised its measurement
standards for Particulate Matter (PM) emissions into the atmosphere. Since Fiscal Year 1999-2000,
the Texas Commission on Environmental Quality (TCEQ) has contracted with the City for operation
and maintenance of the monitoring equipment provided by the TCEQ for three PM monitoring
stations. The location of each station is as follows:
Haws Athletic Center 600 Congress Street
Arlington Municipal Airport 5000 South Collins Street
2 monitors
1 monitor
The City is responsible for 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.
Document II M&C No. II Approval Date �I
Ilnitial Contract 11 C-26930 8/26/2014 II
(Amendment No. 1 11 Pending II Pending
TOTAL II
Amount
$ 36,101.67
$ 36,101.67
$ 72,203.341
http://apps.cfwnet.org/council_packet/mc review.asp?ID 213 67&councildate 8/18/2015 9/1 1/2015
M&C Review Page 2 of 2
The Agreement period begins September 1, 2015 and ends August 31, 2016, with a limit of
$36,101.67 for reimbursement of expenses to the City of Fort Worth in this contract term 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.
The Haws Athletic Center monitors are located in COUNCIL DISTRICT 2.
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.
TO Fund/Account/Centers
2) GR76 451543 020412744000 $36,101.67
2) GR76 5 $36,101.67
(VARIOUS) 020412744020
FROM Fund/Account/Centers
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Michael Kazda (8136)
ATTACHMENTS
20TCEQ INTERGOVERNMENTAL COOPERATIVE REIMBURSEMENT AMENDMENT NO 1
GR76 AO docx
HAWS25MC ndf
http://apps.cfwnet.org/council packet/mc_review.asp?ID=21367&councildate=8/18/2015 9/11/2015