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Home My WebLink AboutContract 40719-A1 (2) Contract Number 582-11-86421' AMENDMENT NUMBER 1 CITY SECRETARY CONTRACT NO.-'--:--�� lot The Texas Commission on Environmental Quality (TCEQ), and the City of Fort Worth agree to amend Contract No. 582-11-86421 to extend the term of the contract and increase the total compensation possible under the contract to include funding for FY12. The City of Fort Worth will continue to operate and maintain the PM 2.5 Samplers. 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 $ 30,712.66 Contract Amendment No. 1,FYI $ 33,730.87 The Total Contract Amount $ 64,443.53 2. 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. The Maximum Amount of Contract is increased to$64,443.53. 4. The Term of Contract is extended to August 31, 2012. All other conditions and requirements of Contract Number 582-11-86421 remain unchanged. OFFICIAL RECORD RECEIVING AGENCY CITY SECRETARY PERFORMING PARTY Texas Commission on Envir nnfeTA u Cityo'Fort Worth !>> -- I1 By: FT By: yAuthorized Signature Authorized Signature � David W.Bower,P.G. 01 Printed name Printed name U Director,Field Operations Support Division A,�-4 t kL�Lk� 0^W Title ,Tit e 0 Date: 24/6 Date: -Z( A1 Atted.by: APPROVED A5 TO FORM AND UGALITY: oo �l� �Rd+'� o° o�°o��d - Marty I-tends �o off; Assistant Uty At�ofac: Contract Number 582-11-864-21 ��t� po°ooa000d°°oo Amendment#1 ��aEX� ab 08-02-11 P939 5-h1I Attachment A Contract Costs Budget for FY12 ARTICLE 1. AUTHORIZED EXPENSE BUDGET 1.1. The authorized expenses, acquisitions, or expenditures under this Contract are as follows: Budget Category Budget Personnel/Salary $18,789.23 Fringe Benefits $7,783.76 Travel $250.00 Supplies $325.00 Equipment $0.00 Contractual $0.00 Other $875.00 Other-Third Party In-kind $0.00 Total Direct Costs $28,022.99 Authorized Indirect Costs2 $5,707.88 TCEQ Share $33,730.87 Grantee Cost Share $0.00 TOTAL COSTS $33,730.87 1. Fringe benefits shall be reimbursed at actual costs and shall not exceed 41.43 % 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 PART`." 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 2 Contract Number 582-11-86421 Amendment#1 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): a 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 TCEQ,must be the FSR(Financial Status Report) and the PAR form. Payment requests must be submitted at quarterly intervals except for March 1—31,2012, which must be submitted by April 30,2012. Contract Number 582-11-86421 3 Amendment#1 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT RTii COUNCIL ACTION: Approved on 7/12/2011 - Ordinance No. 19751-07-2011 REFERENCE ** 201NTERGOVERMENTAL DATE: 7/12/2011 NO.: C-24993 LOG NAME: COOPERATIVE REIMBSMT AGRMT, ADM NO.1 CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Execution of Amendment No. 1 to an Intergovernmental Cooperative Reimbursement Agreement in the Amount Not to Exceed $33,730.87 with the Texas Commission on Environmental Quality for the Operation of Local Air Pollution Particulate Emission Monitoring Sites and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute Amendment No. 1 to an Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality for the period of September 1, 2011 through August 31, 2012 in the amount not to exceed $33,730.87; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$33,730.87 in Fiscal Year 2011-2012, subject to receipt of an executed contract amendment; and 3. Apply indirect cost at the most recently approved rate of 21.48 percent for the Transportation and Public Works Department. DISCUSSION: It is recommended that the Contract Amendment be approved for continued air quality monitoring services. The Texas Commission on Environmental Quality (TCEQ) has contracted with the City for operation and maintenance of monitoring equipment provided by the TCEQ for three particulate matter monitoring stations. The location of each station is as follows: Haws Athletic Center 600 Congress Street Two COUNCIL DISTRICT monitors 2 Arlington Municipal 5000 South Collins One monitor Arlington, Texas Airport Street At each station, 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. This Contract Amendment period begins September 1, 2011 and ends August 31, 2012, with a limit of$33,730.87 for reimbursement of expenses to the City of Fort Worth 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. On July 13, 2010, City Council (M&C C-24316) authorized the execution of a State Funded Grant http://apps.cfwnet.org/council_packet/me_review.asp?ID=1527 8&eouncildate=7/12/2011 6/12/2014 M&C Review Page 2 of 2 Agreement with the Texas Commission on Environmental Quality for Fiscal Year 2010-2011 with a maximum amount of$30,712.66 (City Secretary Contract No. 40719). This agreement period began September 1, 2010 and will end August 31, 2011 with the option to renew the agreement for three additional one year periods upon written consent of the parties by an amendment to this agreement. This is for 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 FROM Fund/Account/Centers 2) GR76 451543 020412121000 $33,730,87 2) GR76 5 $33,730.87 (VARIOUS) 020412121020 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael Gange (6569) ATTACHMENTS 20INTERGOVERMENTAL COOP REIMBSMT AGRMT Not A011.doc http://apps.cfwnet.or g/council_packet/me_review.asp?ID=15278&councildate=7/12/2011 6/12/2014