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Home My WebLink AboutContract 43696-A2 i f CITY SECRETARY CONTRACT NO. i OFFICIAL RECORD CITY SECRETARY CONTRACT NUMBER 582-13-30017 :FT. WORTIH, TX - - :AMENDMENT#2 is The Texas Commission on Environmental Quality("TCEQ")and the City of Fort Worth ("PERFORMING PARTY"),agree to amend Contract#532-13-30017 to Mdse the Special Terms and Conditions,to exercise the second of two one-year renewal options renewing the contract through August 31,2015,and to increase the contract funding amount for_Fiscal Year 2015. The Contract is amended as follows: 1. The Maximum TCEQ Obligation is increased by$398,522.01 to$1,x28,597.01. The total compensation possible under this contract is: FY13,Original Contract Amount $348,624.00 FY14,Amendment#1 $381,457,00 FY15,Amendment#2 $398,522.01 2. The TCEQ.has reviewed and approved the budget submitted by the City of Fort Worth, including the negotiated indirect rate for the contract period. The Budget for Actual Cost Reimbursement is hereby included in this entirety by Attachment A of this Amendment. 3. The"Sp ecialTezrns and Conditions"are revised to add Item No.7 concerning Budget Control and Transfers, and is hereby included in its entirety.byAttachment B of this Amendment. 4. Total Contract Axaount(Maximum TCEQ Obligation) $1,128,597.01 5. The Term of the Contract is extended to August 31,2o15. All other conditions and requirements of Contract Number 582-13-30017 remain unchanged. a TCEQ: PERFORMING PARTY: s Texas Commission on Environmental Quality City of Fort Worth (Signature) U (Signature) Ramiro Garcia,Jr. Fernando Costa (Printed Name) (Printed Name) Deputy Director, Assistant City Manager Office of Compliance and EnforaMent (Title) (Title) (Dates' (Date Signed) � F® �oo°° uo� t APPROVED AS'I'D FONM AND LEGALITY �� - �y ®0 P�o ?� �J $ tia'ct d 5$20 1 , Ul�l�f�t City tltits,.77t 'Arfinxime st l�to oOOUOOO°°°� i Alt4k RECEIVED A 4 Ronald P. Gonzales,As City Secretary . . (ontruotmamm City of Port Worth Whole Air Monitoring TCEQ Coritract Numbe:6V243�800Y Attachment CONTRACT BUDGET FOR ACTUAL COST REIMBURSEMENT 22. CONTRACT BUDGET 22.1 Budget. Authorized budgeted expenditures for Work Performed are asfollows, NP $ 2G2,100.00 ` / 232 Indirect Cost Rate. 22.2.1. The Indirect cost rate may bmn rate that has been determined byo federal cognizant agency or bye state coordinating agency or may be a rate negotiated and agreed on by the ' parties. ' 22.2.2 Federal and State Agency Rate.The requirements applicable to federal and state agency rates-are contained In Circulars of the federal Office of Management A-87 and Budget and UGMS, Performing Party shall provide TCEQ with documentation of the federal or state agency determination. 22.2.3. Negotiated Predetermined Final Raba, TCE0nnd the Performing 9arb/ may negotiate a pmadaLonn|nmd Onm| indirect toot rohy for the term of the contract based on the cost experience and other pertinent facts that are sufficient to enable the parties to reach an Informed judgment (1) as to the probable level of Indirect costs in the Performing Partyms programs during the term of the Contract, covered by the negotiated ra.te,:and (2) the amount allowable under that predetermined rate would not exceed the tndlrectcosts as determined under the federal or state agency rate. The negotiated predetermined Indirect cost rate for the term ofthkscontract, |oducUog renewals and extensions is final and (a not subject to change /n the rate ur the amount except ao agreed bythe parties/nwritten contract amendment. lf the negotiated pnodeterm|nedfina| rate |s |uaothontha hadana{ or state agency determilned rate, the Porh/nning Party May claim the difference in the resulting amount oso matching contribution, 22.2.4. The indirect rate of the Performing Party for this contract lm21.48% mftotal Person nel/8m|mq/ and F,[o0m. 22,3 Budget Control and Transfers. Curnu|nUvotrann[$ry among the budgeted direct cost categories must not exceed ten percent(1896) VyUieourrontTuto| Budgetedamount. IyYVorkOrdmrsana [ndudadin this Contract, cumulative transfers among the budgeted direct cost categories must not exceed Lan percent (1O96) uy the current Total Budgeted amount for each Work Order. ' 23.4 Submittal of Payment Requests, Unless otherwise stipulated in the Contract, payment requests must be aUb[n|bad quarterly and Invoices shall be submitted within th|rty (30) .days after the end of the fiscal quarter, End of fiscal year invoices 8hoUhH submitted within 60 days nf the last working day in. August for each fiscal year that isto be Invoiced, unless a later time is otherwise approved in writfrigby TCED. Iof I ) i Contract Name:City of Fort worth whore Air Monitoring Contract Number 582-13-30017 i Attachment B Special Terms and Conditions Stem 7 supersedes Stem.22.3 of Contract Budget for Actual Cost Reimbursement form effective EY1g. 7 Budget Control and Transfers.Notwithstanding any contrary provision of any Cost Budget,the following.provisions apply to every Cost Budgetincorporated into or approved tinder this Contract; 7.1 Cumulative Annual Transfers Up To Ito% 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.subrnitting a Revised Cost Budget.However,.the ten percent limit is cumulative,and the Performing Panty may not transfer into direct cost categories t containing zero dollars without TCLQ pre-approval. 7.2 Cumulative Annual.Transfers Greater Than i o% 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 Patty incurs the increased costs.If the Cost Budget is incorporated into the Contract,TCEQ approval must be in the form of a Contract Amendment. 7.3 Calculation of Cumulative Annual Transfer.The cumulative animal 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 its not included in this calculation. 7.4 All invoices must clearly show how this budget control requirement has been met. 9 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F4R_ T COUNCIL ACTION: Approved on 8/12/2014 - Ordinance No. 21371-08-2014 DATE: 8/12/2014 REFERENCE NO.: **C-26916 LOG NAME: 20TX COMM ENVIR QUALITY_610_2015 CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Execution of Amendment No. 2 to the Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality in the Amount of$398,522.01 for the Operation of a Whole Air Monitoring Network, for the Contract Period Extending from September 1 2014 Through August 31, 2015, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No. 2 to the Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality for the operation of the whole air monitoring network in the amount not to exceed $398,522.01 for the contract period September 1, 2014 through August 31, 2015; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$398,522.01 in Fiscal Year 2014-2015, subject to receipt of an executed contract; and 3. Apply indirect cost at the rate of 21.48 percent in accordance with the terms of the Intergovernmental Cooperative Reimbursement Agreement. DISCUSSION: The Texas Commission on Environmental Quality (TCEQ) has contracted with the City for operation and maintenance of monitoring equipment provided by the TCEQ for the whole air monitoring network. The City is responsible for retrieving the sample filters, delivering the filters to the lab for analysis, and performing regular audits and maintenance activities on the equipment. Contract Amendment No. 2 adds a new contract term from September 1, 2014 through August 31, 2015 and increases the amount reimbursable to the City in the amount of$398,522.01 for the said period. This Agreement will serve ALL COUNCIL DISTRICTS. Document M&C No. Approval Date Amount Initial Contract C-25695 July 10, 2012 $348,624.00 Amendment No. 1 C-26289 June 4, 2013 $381,451.00 Amendment No. 2 Pending Pending $398,522.01 TOTAL]- OTAL $1,128,597.01 http://apps.cfwnet.org/council_packet/me_review.asp?ID=20152&councildate=8/12/2014 8/13/2014 M&C Review Page 2 of 2 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) $398,522.01 GR76 451543 020412619000 2) GR76 5 $398,522.01 (VARIOUS) 020412619030 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael Gange (6569) ATTACHMENTS 20TX COMM ENVIR QUALITY BIO 2015.doc http://apps.cfwnet.org/council_packet/mc review.asp?ID=20152&councildate=8/12/2014 8/13/2014