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HomeMy WebLinkAboutContract 51485Contract Name: Local Air Program - City of Fort Worth SECRETARY CONTRACT N®. _514S 5 TCEQ Contract Number: 582-19.90043 Texas Commission on Environmental Quality CONTRACT SIGNATURE PAGE Contract Name: Local Air Program Contract Contract Number: 582-19-90043 Performing Party: City of Fort Worth Performing Party Identification Number: 17560005286 Maximum Authorized Reimbursement; $1,300,932.00 (Up to 67% of Total Program Cost) Effective Date: ® 09/01/2018 ® Date of last signature Expiration Date: ® 08/31/2022 ❑ Last day of Fiscal Year in which the Contract was signed ® If checked, this Contract requires matching funds. Match Requirement: 33% of Total Program Cost ❑ If checked, this Contract is funded with federal funds. CFDA Number: Federal Grant Number: This Contract is entered under: ❑ Gov't Code ch. 771 (Interagency) ® Gov't Code ch. 791(Interlocal) ® Health and Safety Code § 382.0622 ❑ Water Code § 5.124 (Grant) The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party, a state agency or local government of the State of Texas, enter this agreement (Contract) to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The Parties agree as follows: (a) to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing Party; (b) this Contract consists of all documents specified in the list of Contract Documents following this page; and (c) as authorized by TCEQ, Performing Party will conduct Contract Activities as part of its own authorized governmental functions and TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards (UGMS) and this Contract. Texas Commission on Environmental Quality (TCEQ) , Autho ' ed ' nature oby Baker Printed Name Executive Director Title le ZZ 4// Doifte Procurements,&Contracts Representative Robert M. Apolinario, CTCM, CTCD Printed Name Date ECr`G� OFFICIAL RECORD Envirot nWi OWPE` ARY Cry . Z�t.R FT. WORTH, TX CI�stCP4RyrN City of Fort Worth (Performing Party) 0-&-)Z,� Authorized Signature Ms. Valerie Washington Printed Name Assistant City Manager Title ql lad to Date APPROVED AS TO FORM AND LEGALITY Z s • 2 0 Mary J. ty Secretary I��' •. 4� ,•,y fJ�� ty Secretary Contract Name: Local Air Program - City of Fort Worth TCL•Q Contract Number: 5582-19.90043 CONTRACT DOCUMENTS LIST Cooperative Reimbursement Contract for State Agencies and Local Governments This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page. Documents on this list include all amendments. In the event of a conflict of terms, the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All Contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, .rules and regulations. • Contract Signature Page • Contract Documents List (this page) • Special Terms and Conditions • Scope of Work • General Terms and Conditions • Cost Budget (Incorporated by reference) • Notices, Project Representatives and Records Locations • Attachment A - Financial Status Report (FSR) • Attachment B - Cost Budget Form • Attachment C - Budget Revision Request • Attachment D - Release of Claims • Attachment E - Sample Work Plan Texas Commission on Page 2 of 34 Environmental Quality Contraft Name: Local Air Program - City of Fort Worth 1. Definitions TCEQ Contract Number. 582-19.90043 SPECIAL TERMS AND CONDITIONS 1.1. "Cost Share" or "Local Match" - The value of the third party in-kind contributions and the portion of the costs of a State assisted project or program not borne by the State. 1.2. "Total Program Cost" is the combined federal and state funding provided by TCEQ and the Cost Share provided by the PERFORMING PARTY applied towards allowable costs for this Agreement in a particular fiscal year. 1.3. "Source of Interest to the EPA" means any air pollution site that is a "Major Source" as defined in 40 C.F.R. § 70.2 and 30 T.A.C. §122.10. 1.4. A "Minor Change" is a written document which provides for minor changes in the work in accordance with the General Terms and Conditions, but which does not change the TCEQ Maximum Obligation, Contract Period, or Contract Terms and Conditions. This agreement supports a Local Air Program as defined in Section 382.0622(d), Texas Health and Safety Code. The combined federal share, derived from the Section 105 pass-through funding from the TCEQ and the state share, derived from the current Appropriations Act (including funds provided under this Agreement) for the PERFORMING PARTY's Local Air Program will not exceed 67% of the PERFORMING PARTY's Total Program Cost. If the PERFORMING PARTY does not provide sufficient Local Match, causing TCEQ's combined federal and state funding to exceed 67% of Total Program Cost, TCEQ will reduce allowable cost reimbursement such that the required Cost Share distribution is met. 3. Each request for payment must show the cumulative amount of Local Match provided by the PERFORMING PARTY for the fiscal year. The final request for payment must show that the 33%, or greater, Local Match has been provided, calculated based on the Total Program Cost. If the first quarter (September through November), second quarter (December through February), and third quarter (March through May) requests for payment do not reflect that the 33% Local Match has been provided, PERFORMING PARTY will provide the amount of the Local 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. 4. This agreement has a four-year term commencing on September 1, 2018, and will terminate on August 31, 2022. Texas Commission on Page 3 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number: 582-19-90043 SCOPE OF WORK 1. Administrative Regulations 1.1. Changes to Contract Documents. TCEQ may update, supplement, or remove the documents referenced in this Agreement upon 15 working days' notice. 1.2. Changes to Guidance Documents. TCEQ may update, supplement, or remove any or all of the guidance documents referenced in this Agreement. TCEQ shall promptly notify the PERFORMING PARTY in writing of any changes to the guidance documents, and will attach a copy of the updated documents. The PERFORMING PARTY shall implement changes to guidance documents within the time frames specified by TCEQ, no later than 30 days of receipt, whichever comes first. If the PERFORMING PARTY does not agree to comply with changes to guidance documents, the PERFORMING PARTY must decline to perform any work which requires use of these documents. If the PERFORMING PARTY declines to perform all or part of a task, TCEQ will not pay for that task. 1.3. Fiscal Analysis of Budget. Within 30 Days of the start of each fiscal year, the PERFORMING PARTY must submit documentation to the TCEQ showing the indirect rate, basis for indirect rate and list of current and future capital expenditures. If the PERFORMING PARTY does not utilize an indirect rate, it must say so in the provided documentation. 1A. Contract's Cost Budget: Within 30 Days of the start of each fiscal year, the PERFORMING PARTY shall provide a completed Cost Budget form found in Attachment B to this Agreement. The Cost Budget must reflect the Total Program Cost, including the PERFORMING PARTY's matching funds and TCEQ's obligation for the year. The PERFORMING PARTY is permitted to re -budget within the approved Cost Budget to meet any unanticipated requirements and may make limited program changes to the approved budget. For any proposed changes to the budget, the PERFORMING PARTY shall submit, in writing and for approval, a Budget Revision Request as found in Attachment C prior to encumbering the expense. Changes resulting in the need for additional funding, or 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 (10%), will require an amendment to the current contract and Cost Budget form. Requests for Payment. Quarterly, the PERFORMING PARTY shall submit requests for payment to the TCEQ Contract Manager in accordance with ARTICLE 4 of the General Conditions of this Agreement. I.S. Financial Status Report. Within 60 days of the last day of the quarter, each 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 of 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 in Attachment A of the Contract Documents. The requirements of this Section shall survive the termination of this Agreement. 1.6. The PERFORMING PARTY shall submit quarterly a current organizational chart, including the date of the latest revision, and the name and title of all staff utilized for this Agreement. Vacant positions and the date the vacancy began shall also be included in the chart. The Texas Commission on Page 4 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth r TCEQ Contract Number: 582.19-90043 organizational chart shall only be required in the Monthly Report if there were changes in any of the information since the last submittal. 1.7. Within the first quarter, or when available, the PERFORMING PARTY shall provide the TCEQ Contract Manager a copy of, or the link to, the annual independent financial audit for previous fiscal year required by the UGMS. If any deficiencies are noted in the audit report, the PERFORMING PARTY shall inform the TCEQ what directly impacts the LAP Program or the work performed under this agreement. 1.8. Annual Work Plan Development. TCEQ will provide a draft Work Plan, and the parties will make all reasonable efforts to agree on a final Work Plan by August 15 of each fiscal year for the upcoming year (September 151h for the initial year of this Contract). The Work Plan will be consistent with the direction and intent of the Compliance Monitoring Strategy for the TCEQ Air Programs. The Work Plan will cover an entire fiscal year of program activity. The Work Plan will show the entire fiscal year of program activity. The Work Plan will show the types of tasks or activities and the number of tasks to be completed within the fiscal year. A sample Work Plan can be found in Attachment E. Oversight of the Work Plan Activities is stated in Section 3 of this Scope of Work. 2. Performance Evaluations 2. 1, Program Evaluations. TCEQ will make ongoing evaluations of PERFORMING PARTY'S work throughout the Agreement term, which may include Work Product Evaluations, Consolidated Compliance and Enforcement Data System (CCEDS) evaluations, and/or Annual Performance Evaluations. 2.2. Work Product Evaluations. Evaluations will be conducted of PERFORMING PARTY's work utilizing standardized procedures and will typically be conducted by one or more persons designated with that task by the TCEQ Regional Representative or designee. Evaluations may include work product evaluations and joint oversight investigations. The TCEQ Regional Representative will perform a minimum of two joint oversight investigations per fiscal year of the contract period. A joint oversight investigation is an investigation in which a TCEQ Regional Representative accompanies the PERFORMING PARTY during an investigation for the primary purpose of oversight. TCEQ may independently audit investigations at entities which the PERFORMING PARTY investigated. Additionally, the TCEQ Regional Representative or designee will evaluate investigation reports submitted by the PERFORMING PARTY. TCEQ will provide written assessments of each work product evaluated, including work product evaluations and joint oversight investigation results to the PERFORMING PARTY's representative by the 14th working day of the month following the evaluation, or at another mutually agreed upon time. 2.2.1. Work Product Evaluation (WPE) meetings. The purpose of periodic program evaluations is to ensure ongoing program effectiveness. WPE meetings will be held at least quarterly. The meeting participants will include the TCEQ Regional Representative or designee, the TCEQ Air Section Managers or designees as appropriate, Waste Section Managers or designees as appropriate, the Contract Manager as appropriate, and the PERFORMING PARTY's representative. If the TCEQ work product evaluations conducted since the previous meeting show deficiencies or a trend toward unsatisfactory performance, the Parties will discuss the conditions that contributed to the deficiency or trend. The TCEQ Regional Representative or designee will document the meeting and provide meeting minutes or a meeting summary to the PERFORMING PARTY's representative and Contract Manager within three weeks of the meeting. 2.3. Unsatisfactory Performance. If the TCEQ Regional Representative or designees determines that a structural or procedural problem is the likely source of the deficiency or trend, the TCEQ Regional Representative will document this issue and notify the PERFORMING PARTY and Texas Commission on Page 5 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number. 582-19-90043 Contract Manager, in writing, of the suspected program deficiency or unsatisfactory performance within 30 days of the date of discovery. The PERFORMING PARTY shall provide a written response to TCEQ Regional Representative and Contract Manager within 30 days of receiving the notification. The PERFORMING PARTY shall either explain why no program deficiency should be found or describe a corrective action plan. For disputed findings, the PERFORMING PARTY shall include any new information in the explanation that was not previously presented. If requested by the TCEQ Regional Representative or designee, the PERFORMING PARTY shall provide a corrective action plan- Any corrective action plan shall include a statement of the problems addressed, measures to correct those problems, any structural or procedural measures that will help avoid similar problems, a timeline for implementing such measures, and milestones and metrics to track improvement. The TCEQ Regional Representative and Contract Manager will review the plan. If TCEQ approves the plan, the PERFORMING PARTY shall implement it immediately. 2.4. Correction to unsatisfactory performance. The TCEQ Regional Representative and Contract Manager will evaluate the PERFORMING PARTY'S progress under any corrective action plan approved under Paragraph 2.3 of this section. TCEQ will consider documentation submitted in support of the plan, subsequent work product evaluations, and demonstrations of progress in correcting the underlying cause of the unsatisfactory performance. The PERFORMING PARTY will demonstrate progress under corrective action plans during the Work Production Evaluation meetings. 2.4.1. Sanctions for unsatisfactory performance. TCEQ may avail itself of any remedies identified in ARTICLE 13 of the General Conditions of this Agreement after TCEQ makes a written finding to the PERFORMING PARTY of unsatisfactory performance. 2.4.2. If TCEQ notifies PERFORMING PARTY of deficiencies in the air program compliance and enforcement activities required by a previous Agreement between TCEQ and the PERFORMING PARTY, the PERFORMING PARTY shall, within 60 days, correct any similar deficiencies in the work performed under that Agreement and report to TCEQ any deficiencies that cannot be corrected within the 60 days. 2.5. CCEDS Performance Evaluation. The TCEQ Regional Representative will evaluate data quality and performance of work approved in the Consolidated Compliance and Enforcement Data System (CCEDS). 2.6. File Reviews: Original, finalized and signed Investigation reports must be forwarded by the PERFORMING PARTY to the Central File Room (CFR), directly or via a Regional Office. 2.7. Annual Performance Evaluation. TCEQ may choose to perform an Annual Performance Evaluation. The Annual Performance Evaluation will be based on (1) the PERFORMING PARTY's performance of the tasks required by this Agreement and applicable TCEQ guidance; (2) the questionnaire described in Paragraph 2.7.1; (3) the work product evaluations described in Paragraph 2.2; (4) the meeting reports described in Paragraph 2.2.1; and (5) the PERFORMING PARTY's documentation of compliance with the financial management requirements of this Agreement. 2.7.1. If TCEQ elects to conduct an Annual Performance Evaluation, the TCEQ Contract Manager will provide an Annual Performance Evaluation Questionnaire (APEQ) to be completed by the PERFORMING PARTY. Following the receipt of the APEQ the PERFORMING PARTY shall respond to the questionnaire. The response shall be sent to the TCEQ Contract Manager. Once the APEQ response is received, the TCEQ Contract Manager and PERFORMING PARTY will agree upon a date, time, and location for the Annual Performance Evaluation meeting. Texas Commission on Page 6 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth A TCEQ Contract Number. 582-19-90043 2.7.2. At the Annual Performance Evaluation meeting, the TCEQ Contract Manager will provide a final copy of the Annual Performance Evaluation Report to the PERFORMING PARTY. 2.7.3. Within 30 days of receipt of the final, signed Annual Performance Evaluation Report, the PERFORMING PARTY shall provide a written response to the TCEQ Contract Manager for review concerning any deficiencies or unsatisfactory performance noted in the Annual Performance Evaluation Report. The response shall include a description of the nature and extent of each deficiency's impact on data quality, the specific corrective actions taken or planned to address the deficiencies, actions taken or planned to prevent recurrence, a schedule, not to exceed 60 days from the date of receipt of the Report, to bring any' deficiencies up to TCEQ standards, and the means to document completion of each action. If any deficiency cannot be corrected within 60 days, the PERFORMING PARTY shall identify the limitations to timely correcting the issue, the specific corrective actions planned to address the deficiency, a provision for a final report, and a schedule for compliance with TCEQ standards. 2.7.4. Within 60 days of being notified of any deficiencies, or as instructed by the TCEQ the PERFORMING PARTY shall provide the TCEQ Contract Manager with a written report documenting the actions taken to correct the deficiencies. If the deficiencies are not corrected to the satisfaction of the TCEQ, TCEQ may withhold payment or take other actions permitted by law. 3. Requirements Applicable to All Work Activities. The following requirements apply to each Work Plan task (activity) identified.in the approved Work Plan. 3.1. TCEQ will not reimburse the PERFORMING PARTY for work not included in this Scope of Work, or which exceeds the quantities in the Work Plan unless prior written approval is obtained. 3.2. Responsibility of PERFORMING PARTY. In order to receive payment under this Agreement, the PERFORMING PARTY must fulfill all of the following subparagraphs, including investigation and enforcement or task handling, direct data entry, and training for each of the relevant work plan tasks outlined in the approved work plan: 3.2.1. Program. The PERFORMING PARTY shall implement and conduct an investigation for each work activity on the approved work plan with listed output greater than zero. The PERFORMING PARTY shall comply with the requirements of the most recent TCEQ Records Management procedures, Public Information Request procedures, and Enforcement procedures, in addition to the guidance documents and policies on the TCEQ ShareNet. 3.2.2. Work Plan Activities. TCEQ shall prepare and submit a detailed proposed Work Plan to the PERFORMING PARTY. PERFORMING PARTY shall review proposed work plan and select the number and type of investigations consistent with the TCEQ Compliance Monitoring Strategy and effecting maximum benefit for air pollution control. Onsite investigations at the same site in successive fiscal years may only be conducted if required by the Compliance Monitoring Strategy or approved by TCEQ. TCEQ may approve all or part of the activities in the proposed Work Plan. Upon approval of the Work Plan and list of sources required in 3.2.3.1, the TCEQ Contract Manager will issue a Notice to Proceed with a copy of the approved Work Plan, the list of sources, and work plan activity code description document. TCEQ will reimburse the PERFORMING PARTY's program costs for approved and agreed upon Work Plan completed activities. Texas Commission on Page 7 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number: 582.19-90043 3.2.2.1. The PERFORMING PARTY shall plan and conduct the number and type of Work Plan activities identified in the Notice to Proceed. The Parties may amend the Work Plan through a minor change as described in the Special Terms and Conditions. 3.2.3. 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 Programs, as applicable. This CCEDS generated list will be the only record of deliverables and will not be substituted by any form of recordkeeping, including but not limited to databases and excel spreadsheets. 3.2.3.1. Sources of Interest to EPA (major sources). The list of air pollution control subject sources shall include those sources which meet the definition of "Source of Interest to the EPA" as defined in the Special Terms and Conditions of this Agreement. The PERFORMING PARTY will submit this list, with the actual investigation type codes for the past five years and the type code proposed for the following fiscal year, with the proposed Work Plan by August 1 of each fiscal year (September 1" for the initial term of this Contract). The PERFORMING PARTY shall update the list of sources to identify changes to existing sources and the dates of those changes. The PERFORMING PARTY shall propose any new sources that should be added to the list. 3.2.4. All investigations completed by the PERFORMING PARTY shall be entered into CCEDS in accordance with the TCEQ guidance manuals available on FODWEB or ShareNet. Unless otherwise specifically stated in writing by TCEQ, an investigation is considered a "complete work task" only when it is approved in CCEDS. 3.2.5. Enforcement. 3.2.5.1. In accordance with the most current version of the FOSOP, 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 Contract Manager in writing within 14 calendar days so that the respective regional staff can take any necessary actions to address the issues, as long as the PERFORMING PARTY does not hold any other jurisdiction over the violation. 3.2.5.2. The PERFORMING PARTY shall refer cases requiring consideration for enforcement action to the TCEQ Enforcement Division within 60 days from the last day of the investigation in which the violation was documented, unless a different deadline is established in the Contract Documents or guidance documents for the enforcement action and related investigation type. 3.2.5.3. If enabling resolutions as required by Texas Water Code § 7.352 are in place, the PERFORMING PARTY may bring enforcement actions under Texas Water Code § 7.351. The PERFORMING PARTY must name TCEQ as necessary and indispensable party to any such action, in accordance with Texas Water Code § 7.353. 3.2.5.4. If approved and directed by TCEQ, the PERFORMING PARTY shall issue Field Citations in appropriate cases. 3.2.6. Database Usage. Unless otherwise specifically directed, all investigation and enforcement tasks performed under this Agreement shall be documented in CCEDS. In addition, all incidents reported to the PERFORMING PARTY shall be documented in CCEDS. CCEDS documentation shall comply with applicable guidance documents, including investigation guidance, enforcement guidance, CCEDS guidance, Field Operations Division Texas Commission on Page 8 of 34 Environmental Quality Contract Name: Local Air Program . City of Fort Worth 0 TCEQ Contract Number: 582-19.90043 Standard Operating Procedures (FODSOP), and Enforcement Division Standard Operating Procedures (EnfSOP). 3.2.6.1. TCEQ CCEDS Support. 3.2.6.1.1. TCEQ will provide phone support (512-239-6231) during normal business hours, Monday through Friday from 8am to Spm to guide PERFORMING PARTY'S technical personnel in troubleshooting application issues. 3.2.6.1.2. TCEQ will provide technical support, including on-site support, to correct technical problems in a timely manner. 3.2.6.1.3. TCEQ will provide a Remote Access Server (RAS) for access to CCEDS through a Virtual Private Network (VPN) connection. 3.2.6.1.4. TCEQ will configure all TCEQ network software to TCEQ standards. 3.2.6.1.5. TCEQ will provide instructions for installing the VPN software and connecting to the TCEQ RAS. 3.2.6.2. PERFORMING PARTY CCEDS support: 3.2.6.2.1. The PERFORMING PARTY is responsible for maintaining an internet connection in order to connect to the TCEQ RAS through VPN. 3.2.6.2.2. The PERFORMING PARTY is responsible for installing TCEQ approved VPN software. 3.2.6.3. New PERFORMING PARTY Staff. Through electronic mail, the PERFORMING PARTY will notify the TCEQ Regional Representative and the TCEQ Contract Manager of any new staff that will complete any of the requirements of this Agreement. The notification must include the new staff's name, electronic address, phone number, job title and start date. For new field staff, the notification must be sent prior to any onsite work being performed. The TCEQ Contract Manager shall request the TCEQ Information Resource Division to provide the new staff with appropriate access, including the agency reporting application, CCEDS reports, Central Registry, and the TCEQ Field Operations Division guidance on FODWEB. 3.2.6.4. Terminated PERFORMING PARTY Staff. The PERFORMING PARTY will notify the TCEQ Regional Representative and the TCEQ Contract Manager through electronic mail of the name and termination date for any staff person that has completed any of the requirements of this Agreement who is terminated or removed from work on this Agreement, within 5 days of the termination date. The TCEQ Contract Manager shall request the TCEQ Information Resources Division terminate all access for that person. 3.2.6.5. Quality and Timeliness. Timely, accurate, and complete data entry related to all Work Plan items is essential. If PERFORMING PARTY's data entry or reports are delayed because TCEQ data systems are unavailable, the work will not be considered untimely or deficient. 3.2.6.6. Database Training. At the request of TCEQ, the PERFORMING PARTY shall attend TCEQ-sponsored database application training. The PERFORMING PARTY will ensure that its staff is adequately trained and qualified to perform database work. 3.2.7. Monthly Reporting. The PERFORMING PARTY shall upload their monthly reports to the TCEQ ShareNet Page within 14 working days after the end of each calendar month. Some Texas Commission on Page 9 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number: 582-19-90043 reports are to be generated from BOEXI, if the data is available in that system. Monthly reporting should contain the following, if applicable: 3.2.7.1. A Year-to-date summary report of progress against the Work Plan specifying the number and type of Work Plan activities approved separated by month. 3.2.7.2. A list of approved investigations for the month to include sources investigated by name, regulated entity number, and investigation type code. 3.2.7.3. A list of any Notice of Violations and Notice of Enforcements initiated for the month. 3.2.7.4. Documentation, including all correspondence and associated lists, of Work Plan revisions made for the month with the approval date and approving parties of each change. 3.2.7.5. A summary report of enforcement initiated during the month, stating the type of enforcement, the. rules violated, and the resolution. 3.2.7.6. A summary report of Work PIan tasks approved more than 30 days after the deadline with an explanation of the delay, and what action has been taken to minimize similar delays. 3.2.7.7. A summary report of enforcement actions not completed within the prescribed timeframe and an explanation for the untimeliness, including the identification of any violation situation indicated to include a High Priority Violation that has not or will likely not meet the timeliness requirements. 3.2.7.8. Documentation, including all correspondence and memos, between the PERFORMING PARTY and the TCEQ seeking any enforcement variance requests described in the most current version of the TCEQ Enforcement Initiation Criteria guidance document on FODWEB, and responses to such requests. 3.2.8. Training and qualification for investigators may include: 3.2.8.1. Basic Investigator Training, as appropriate. 3.2.8.2. Annual TCEQ Air Investigators Training, as appropriate. 3.2.8.3. Visible Emissions Evaluator's Certification (required for key personnel who will be making opacity readings using EPA Method 9). 3.2.8.4. Training related to TCEQ database use, when available. 3.2.8.5. Training and certification of Emissions Evaluators performing stack test pretest meetings, observations and report reviews. 3.2.8.6. Training related to Complaint Investigations and Odor Protocol when made available to the PERFORMING PARTY. 3.2.8.7. Training related to the TCEQ Field Citation Program. Prior to implementing the Field Citation Program in accordance with Paragraph 3.2.5.4 of the Scope of Work section, the PERFORMING PARTY shall obtain training related to the TCEQ Field Citation Program. 3.2.8.8. 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 Texas Commission on Page 10 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number: 582-19-90043 submitted to TCEQ for review a minimum of 30 days prior to the date the 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, located on FODWeb, that the PERFORMING PARTY may choose to use. 3.2.8.9. It shall be the responsibility of the PERFORMING PARTY to identify and obtain any necessary safety training. 3.2.8.10. Prior approval must be obtained from the TCEQ Contract Manager in order to attend any TCEQ training. 3.2.9. Managers or manager -appointed representatives for the PERFORMING PARTY shall attend TCEQ-sponsored meetings In Austin, Texas, or teleconference calls, as scheduled. 4. Required Investigation and Enforcement programs: A complete task under each of these items shall include all of the general requirements of Section 3 of this Scope of Work section and any specific guidance listed below. For all investigation types: 4.1. The PERFORMING PARTY shall conduct investigations of the listed types within its jurisdiction, and as identified in the Notice to Proceed. The investigations received or referred to it shall be completed consistent with the plan of reviewing such reports as described in the TCEQ guidance documents, policy determinations, and definitions of terms on FODWEB. 4.2. It shall be the responsibility of the PERFORMING PARTY to acquire and maintain the equipment necessary for the investigation. 4.3. The PERFORMING PARTY shall conduct complete enforcement activities within the time frames established in the various, investigation protocols and the Enforcement Initiation Criteria, being particularly careful to meet any enforcement driven deadlines related to EPA's High Priority Violation policy that are reflected in the various investigation and enforcement guidance documents. Texas Commission on Page 11 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth 1. CONTRACT PERIOD r TCEQ Contract Number: 582-19-90043 GENERAL TERMS AND CONDITIONS Cooperative Reimbursement Contract for State Agencies and Local Governments 1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page. If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Amendments. This Contract is not subject to competitive selection requirements and may be amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a written amendment and agreement by both parties. 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement as shown on the Contract Signature Page. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is under no obligation to offer deadline extensions which extend to the maximum availability of the contract funding source. 2.4 Grants. If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 3. ALLOWABLE COSTS 3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. 3.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its AIlowable Costs for performing the Scope of Work. Performing Party's invoice shall conform to all reimbursement requirements specified by TCEQ. Texas Commission on Page 12 of 34 Environmental Quality Contract Name: Local Air Program - , City of Fort Worth TCEQ Contract Number. 582-19.90043 4.2. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.3. No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. 4.4. Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 4.5. State agencies/Institutions of Higher education. If the Contractor is a State agency or institution of higher education payments must be made via interagency transaction voucher (ITV), please provide a Recurring Transaction Index (RTI) number on the face of the invoice OR if payments are to be deposited into a local bank account, the following statement must be placed on the face of the invoice: "Funds to be deposited into local bank account." For additional information, please refer to the Texas Comptroller's Accounting Policy Statement (APS) 014. S. FINANCIAL RECORDS, ACCESS AND AUDITS 5.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this contract shall be retained for a period of three (3) years after date of submission of the final reimbursement request. 6. PERFORMING PARTY'S RESPONSIBILITIES 6.1 Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is furnished and performed at Performing Party's sole risk as to the means, methods, design, processes, procedures and performance. 6.2 Independent Contractor. The parties agree that the Performing Party is an independent contractor. Nothing in this Contract shall create an employee -employer relationship between Performing Party and TCEQ. Nothing In this Contract shall create a joint venture between TCEQ and the Performing Party. 6.3 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 6.4 No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Texas Commission on Page 13 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number. 582-19-90043 Performing Party's subcontractors, suppliers or other persons or organizations with a contractual relationship with the Performing Party. 7. TIME 7.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. 7.2 Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ TCEQ may withhold or suspend reimbursement, terminate the Contract for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of TCEQ). S. CONFLICT OF INTEREST Performing Party shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically, for work performed under this Contract by Performing Party or any related entity or individual, Performing Party shall promptly disclose in writing to TCEQ any actual, apparent, or potential conflicts of interest, including but not limited to disclosure of. i. Any consulting fees or other compensation paid to employees, officers, agents of Performing Party, or members of their immediate families, or paid by subcontractor or subrecipients; or ii. Any organizational conflicts of interest between Performing Party and its subcontractors or subrecipients under a subaward. No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination of this Contract. 9. DATA AND QUALITY 9.1 Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 9.2 Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ- approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non- reimbursement of expenses related to the associated activities. 9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in Texas Commission on Page 14 of 34 Environmental Quality Contract Name: focal Air Program City of Fort Worth TCEQ Contract Number: 582-19-90043 writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code Section 25.6. 10. INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise -wide license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, modify or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Contract, and associated user documentation. 11. INSURANCE AND INDEMNIFICATION 11.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12. TERMINATION 12.1 Termination for Cause. TCEQ may, upon providing 10 days' written notice and the opportunity to cure to the Performing Party, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2 Termination for Convenience. TCEQ may, upon providing 10 days' written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not Texas Commission on Page 15 of 39 Environmental Quality Contract Name: Local, Air Program - City of Fort Worth TCEQ Contract Number: 582-19-90043 performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. 12.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of TCEQ. 13. DISPUTES, CLAIMS AND REMEDIES 13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of Performing Party from liability under this Contract. 13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of Performing Party's nonconformance, TCEQ may do one or more of the following: 13.2.1. Issue notice of nonconforming performance; 13.2.2. Reject nonconforming performance and request corrections without charge to the TCEQ; 13.2.3. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 13.2.4. Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure Its nonconforming performance, if possible under the circumstances. 13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. 15. SURVIVAL OF OBLIGATIONS. Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four (4) years beyond the termination or completion of the Contract, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 16. CONTRACT INTERPRETATION 16.1 Definitions. The word "include" and all forms such as "including" mean "including but not limited to" in the Contract and in documents issued in accordance with the Contract, such as Work Orders or Proposals for Grant Activities (PGAs). Texas Commission on Page 16 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number: S82-19-90043 16.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 16.3 Delivery of Notice. Notices are deemed to be delivered three (3) working days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, facsimile transmission, email, or other commercially accepted means. 16.4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 16.5 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 16.6 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 16.7 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 16.8 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas, because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 16.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to the publication or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 16.10 Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 16.11 Compliance with Laws, TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 16.12 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 16.13 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 206.50 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. Texas Commission on Page 17 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number: 582-19-90043 NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION CONTRACT NO. 582-19-90043 PROJECT TITLE: LOCAL AIR PROGRAM 1. Representatives. The individual(s) named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All communications including official contract . notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Representatives. Either party may change its representative by unilateral amendment. 3. TCEQ Representatives TCEQ CONTRACT MANAGER (for Contractual Matters) Heidi Grube Contract Manaeer Texas Commission on Environmental Quality P.O. Box 13087 MC -174 Austin, Texas 78711-3087 Telephone No. (512) 239-1287 Facsimile No. (512) 239-2600 Email: Heidi.Grube@tceg texasgov TCEQ REGIONAL REPRESENTATIVE (for General Air Program Matters) Elizabeth Smith Air Section Manager Texas Commission on Environmental Quality 2309 Gravel Drive Fort Worth, "Texas 76118-6951 Telephone No. (817) 588-5838 Facsimile No. (817) 588-5702 Email: Elizabeth.Smith@tcea.texas.l,ov 4. Performing Party Representatives. For Contractual Matters Anthony Williams Environmental Supervisor City of Fort Worth Telephone No. (817) 392-5462 Facsimile No. (817) 392-6359 Email: Anthony.Williams@fortworthtexas.gov Texas Commission on Page 18 of 34 Environmental Quality TCEQ PROJECT MANAGER (for Technical Matters) Cynthia Gandee Field Support Team Leader Texas Commission on Environmental Quality P.O. Box 13087 MC -174 Austin, Texas 78711-3087 Telephone No. (512) 239-0179 Facsimile No. (512) 239-2600 Email: Cvnthia.Gandee@tcecl.texas.gov TCEQ REGIONAL REPRESENTATIVE (for PST Matters) Doug Reske PST Team Work Leader Texas Commission on Environmental Quality 2309 Gravel Drive Fort Worth, Texas 76118-6951 Telephone No. (817) 588-5842 Facsimile No. (81.7) 588-5702 Email: Doug.Reslce@tceg.texas.gov For Technical Matters Nixalis Benitez Senior Environmental Specialist City of Fort Worth Telephone No. (817) 392-8570 Facsimile No. (817) 392-6359 Email: Nixltlis.Benitez@fortworthtexas.gov Contract Name: Local Air Program City of Fort Worth TCEQ Contract Number: 582-19-90043 S. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is identified below: 6. Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract: The City of Fort Worth Code Compliance Department/Environniental Division 1000 Throckmorton Street Fort Worth, TX 76102-6311. Texas Commission on Page 19 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number: 582-19-90043 Attachment A: Financial Status Report (FSR) (To be submitted quarterly. See Section 1.5 of the Scope of Work) Texas Commission on Page 20 of 34 Environmental Quality Contract Name: Local Air Program - Clty of Fort Worth TCEQ Contract Number: 582.19-90043 Texas Commission on Environmental Quality FINANCIAL STATUS REPORT STATE AGENCY ORGANIZATION UNIT 1. TO WHICH REPORT IS SUBMITTED: 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE) : S. TCEQ CONTRACT NUMBER: 6. FINAL REPORT: YES 1 NO 7. ACCOUNTING BASIS: CASH ACCRUAL 8. TOTAL PROJECT/GRANT PERIOD: FROM TO 9. PERIOD COVERED BY THIS REPORT: FROM TO 10. BUDGET CATEGORIES: Approved Budget Project Cost This Report Cumulative Project Cost Balance *' a.Personnei/Salary b.Fringe Benefits c.Travel d.Supplies e.Equipment f.Contractuai g.Constructlon h.Other I.Total Direct Costs (Sum a - h) jAndirect 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 narrative. 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 award document. Signature of Authorized Certifying Official Typed or Printed Name and Title Telephone (Area code, number and ext.) Date Submitted TCEQ Form 20248 Revised (1112005) - Page 1 of 5 Texas Commission on Page 21 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this report period) TCEQ Contract Number: 582-19-JOD43 NUMBER ITEM DESCRIPTION UNIT PURCHASED Should match descri tion provided for approvalCOST TOTAL COST TASKS TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 20248) $ CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) FOR COST (THIS PERIOD) TASKS TOTAL CONTRACTUAL EXPENDITURES (must agree with line 10f on Form 20248) $ ' LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. TCEQ Form 20248 Revised (11/2005)- Page 2 of 5 Texas Commission on Page 22 of 34 Environmental Quality Contract Name: Local Air Program - Clty of Fort Worth ITEMIZATION OF CONSTRUCTION COSTS TCEQ Contract Number: 582-19.90043 TCEQ Form 20248 Revised (11/2005) - Page 3 of 5 Texas Commission on Page 23 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) TCEQ Contract Number: 582-19-90043 NUMBER PURCHASED ITEM DESCRIPTION UNIT Should match description provided forapproval) COST TOTAL COST TASKS TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 20248) $ OTHER EXPENDITURES (during this report period) NUMBER PURCHASED DESCRIPTION UNIT COST TOTAL COST TASKS TOTAL OTHER EXPENDITURES (must agree with line 10h on Form 20248) $ "LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. TCEQ Form 20248 Revised (11/2005) - Page 4 of 5 Texas Commission on Page 24 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS TCEQ Contract Number: 582-19-90043 PERSONNEL/SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY (THIS PERIOD TASKS TOTAL TRAVEL EXPENDITURES (must agree with line 10c on Form 20248 $ TOTAL PERSONNEUSALARY EXPENDITURES (must agree with line 10a on Form 20248) Is TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST (THIS PERIOD TASKS TOTAL TRAVEL EXPENDITURES (must agree with line 10c on Form 20248 $ *SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM TCEQ Form 20248 Revised (1112005) - Page 5 of 5 Texas Commission on Page 25 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth Attachment B: TCEQ Contract Number: 582-19-90043 Cost Budget Sheet (To be filled out within 30 days after the beginning of each fiscal year. See Section 1.4 of the Scope of Work.) Texas Commission on Page 26 of 34 Environmental Quality Contract Name: Local Air Program = City of Fort Worth TCEQ Contract Number: 582-19-90043 Cost Budget - Matching Funds Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: 2. Budget Category Total Project Costs Salary / Wages $ Fringe Benefits $ Travel $ Supplies $ Equipment $ Contractual $ Construction $ Other $ Total Direct Cost $ Indirect Costs $ Other In-kind Contributions $ Total Contract Cost $ Cost Share (33%) $ TCEQ Reimbursement Amount (67%) $ 3. Matching Funds. This Contract requires matching funds. Performing Party must match TCEQ expenditures by contributing % 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. 4. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is % of (check one): ❑ salary and fringe benefits ❑ modified total direct costs ❑ other direct costs base If other direct cost base, identify: This rate is less than or equal to (check one): ❑ Predetermined Rate—an audited rate that is not subject to adjustment. ❑ Negotiated Predetermined Rate—an experienced -based predetermined rate agreed to by Performing Party and TCEO.. This rate is not subject to adjustment. ❑ Default rate—a standard rate of ten percent of salary/wages may be used in lieu of determining the actual indirect costs of the service. Texas Commission on Page 27 of 34 Environmental Quality Contract Name: local Air Program - City of Fort Worth TCEQ Contract Number: 582-19-90043 5. Other. If Budget Category "Other" is greater than $ 25,000 or more than 10% of budget total, identify the main constituents: 6. Travel. In order to be reimbursable, travel costs must be specifically authorized in advance of the travel. Travel costs 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. 7. 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. 8. Budget Control. a. Cumulative transfers equal to or less than 10% of the Total Budget. Performing Party may transfer amounts between the approved direct cost budget categories so Iong as cumulative transfers from direct cost budget categories during the Contract Period do not exceed ten percent (10%) of the Total Budget amount. Performing Party must timely submit a Budget Revision Request (BRR) Form reflecting the revised budget. Upon approval by TCEQ, the BRR will be incorporated into this Contract as though it is a document revised under General Term and Condition Section 1.2. The 10% limit does not reset with the approval of each BRR. It resets when an amendment is signed by the parties reflecting changes to the budget. b. Cumulative transfers greater than 10% of the Total Budget. TCEQ must pre -approve in writing all budget revisions that result in the cumulative transfer from direct cost budget categories of funds greater than 10% of the Total Budget during the Contract Period. The Performing Party must request to amend the Contract. A contract amendment is required before Performing Party incurs these costs. c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre -approval in writing. 9. 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 unilaterally extend this deadline by e-mail. a. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met. 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 such as expenses for the invoice period, 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. 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 entered 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). Performing Party must fund all unreimbursed indirect costs from other funds. It is the Performing Party's responsibility to ensure that unreimbursed indirect costs are not charged to other projects which do no benefit from them, and that it uses funding sources that may be properly used to fund its unreimbursed costs. Texas Commission on Page 28 of 34 Environmental Quality Contract Name; Local Air Program - City of Fort Worth TCEQ Contract Number: 582-19.90043 Attachment C: Budget Revision Request Form (See Cost Budget, Budget Control Section a.) Texas Commission on Page 29 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number; 562-19-90043 BUDGET REVISION REQUEST FORM PuLpose: To document recipient organization's proposed budget changes to ensure project deliverables are met and fiscal accountability. Prior TCEQ review and approval is required before incurring specific costs resulting in cumulative transfers of more than io% of the total budget. Instructions: Complete i. - 8. The spreadsheet will total the amounts in 9., i., and k. i. Recipient Organization (Name & Complete Address Including Zip Code): 2. Grant/ Contract Title: 3. Payee Identification No.: 4. TCEQ Contract No.: 5. Total Project/ Grant Period: 6. Budget Categories: 7. Approved Budget 8. Change Requested (+ or -) 9. New or Revised Budget a. Personnel/Salaries b. Fringe Benefits c. Travel d. Supplies e. Equipment f. Contractual g. Construction It. Other L Total Direct Costs (sum a - h) j. Indirect Costs (—% x $ Salary) k. Total (sum i &j) Justification (Attach additional sheets, if necessary): 010 Budget Revision Request must contain all signatures to be approved/valid "'• Signature of Recipient's Representative Date Type or Printed Name and Title Signature of TCEQ Project Manager Date Type or Printed Name and Title Signature of TCEQ Contract Manager Date Type or Printed Name and Title Texas Commission on Page 30 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number: 582-19-90043 Attachment D: Release of Claims (Must be returned with last invoice per General Term and Condition Section 4.4) Texas Commission on Page 31 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth TCEQ Contract Number: 582.19-90043 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Release of Claims __-------- __----- (Contractor) releases the Texas Commission on Environmental Quality (TCEQ), its officers, agents, and employees from all claims arising out of or relating to TCEQ Contract Number 582-19-90043, except for Contractor's final invoice in the amount of S ---------- — and retainage withheld by TCEQ in the amount of $-------------- Contractor releases any and all liens related to the Contract, and relinquishes any right it may have to place liens related to the Contract. Contractor warrants that it has completed all Work described in the Contract. Executed on this $y: -------- (signature) (name) (title) day of _-__----_ 20__--. Texas Commission on Page 32 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth Attachment E: T'CEQ Contract Number. 582-19-90043 Sample Work Plan (Draft to be submitted by August 151" of each fiscal year. See Section 1.8 of the Scope of Work.) Texas Commission on Page 33 of 34 Environmental Quality Contract Name: Local Air Program - City of Fort Worth Local Government: Contract Number: Date Submitted: TCEQ Contract Number: 562-19-90043 Work Plan Form for Local Air Programs Work Activity Totals OPCC SFCI SPCI AIRCOMPL K),%M -V AIRFIIH AIRFIOS AIR MNSR AIRRCSPON BURNI I ION NMCL NMNC PMPRCH116 PMSI I 161H PMSII 16ON DECOMEACT, TOBEACT STIEACT The Items are defined in the FY19 Work Plan Activities Definitions document. Texas Conunission on Page 34 of 34 Environmental Quality 9/13/2018 M&C - Council Agenda City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/11/2018 - Ordinance No. 23367-09-2018 DATE: Tuesday, September 11, 2018 REFERENCE NO.: **C-28836 LOG NAME: 23TCEQ FY2019 COMPLIANCE GRANT SUBJECT: Authorize Acceptance and Execution of a Grant Agreement (TCEQ Contract #582-19-90043) between the City of Fort Worth and the Texas Commission on Environmental Quality (TCEQ) in an Amount Not to Exceed $1,300,932.00 for the Air Quality Compliance Investigation Program, Authorize Matching Funds in the Amount of $640,758.00, Apply indirect Costs at the Approved Percentage Rate, and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1.. Authorize the acceptance and execution of a grant agreement (TCEQ contract #582-19-90043) between the City of Fort Worth and the Texas Commission on Environmental Quality (TCEQ) for an amount not to exceed $1,300,932.00; 2. Authorize a cash match of $640,758.00 from the Environmental Operating Fund budget; 3. Apply an indirect cost rate of up to 16.99 percent in accordance with the terms of the TCEQ grant agreement; and 4. Adopt the attached appropriation ordinance Increasing estimated receipts and appropriations in the Operating Grant Fund (21002) in an amount not to exceed $1,941,690.00. DISCUSSION: Since Fiscal Year 1991, the City of Fort Worth has entered into periodic agreements with the Texas Commission on Environmental Quality (TCEQ) for the City to perform compliance investigations within the City of Fort Worth. The services provided include: complaint investigation; air permit review and comment; annual investigation of major sources; biennial/triennial investigation of gasoline dispensing facilities; and recurrent investigation of all other TCEQ permitted and regulated sources. This agreement is on a reimbursement basis and the contract term is from September 1, 2018 through August 31, 2022 with a maximum reimbursement amount of $1,300,932.00 over the four (4) year period. The City must provide matching funds of $640,758.00 that will start in Fiscal Year 2019 and consist of four equal installments out of the Environmental Operating Fund budget. Indirect costs will be applied at a rate up to 16.99 percent in accordance with the terms of the TCEQ grant agreement. This project is located in ALL COUNCIL DISTRICTS. This contract will be with a governmental entity, state agency or public institution of higher education: Texas Commission on Environmental Quality. FISCAL INFORMATION / CERTIFICATION. The Director of Finance certifies that upon approval of the above recommendations, and adoption of the attached http://apps.cfwnet.org/ecouncil/Printmc.asp?id=26147&print=true&DocType=Print 112 9/13/2018 M&C - Council Agenda appropriation ordinance, funds will be available in the Operating Grants Fund. Funds will be on a reimbursement basis from the Grantor after receipt of expenses as outlined In the executed grant agreement. FUND IDENTIFIERS (FIDs): TO Fund Department ccounj Project JProgram ctivity Budget I Reference # mount ID r ID JProgram Year Chartfield 2) FROM Fund Departmentccoun Project ctivity Budget Reference # mount ID r ID JProgram Year Chartfield 2 CERTIFICATIONS: Submitted for City. Manager's Office by_ Valerie Washington (6199) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Cody Whittenburg (5455) ATTACHMENTS 1.23TCEQ FYI COMPLIANCE GRANT A018,docx (Public) 2. TCEQ FYI Compliance Grant - Final 062718,pdf (CFW Internal) http://apps.cfwnet.orglecouncillprintrnc.asp?id=26147&print=true&DocType=Print 2/2 Contract Compliance Manager: By signing this document, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Anthony Williams NAME SIGN Environmental Supervisor TITLE 0 This form is N/A as No City Funds are associated with this Contract 1 Printed Name Signature OFFICIAL RECORD CITY SECRETARY F`. WORTH, TX