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HomeMy WebLinkAboutContract 35652 r�y &16��5 CONTRACT# 582-8-72691 THE STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT INTERAGENCYANTERLOCAL CATEGORY I Fort Worth Ozone Air Monitorin, Name of Project THIS AGREEMENT is entered into by and between: the Texas Commission on Environmental Quality, an agency of the State of Texas (hereinafter TCEQ), and The City of Fort Worth , an agency or political subdivision of the State of Texas (hereinafter PERFORMING PARTY), pursuant to the authority granted and in compliance with applicable provisions of the Interagency Cooperation Act, TEx. Gov'T. CODE ch. 771 and Intergovernmental Cooperation Act, TEx. Gov'T CODE ch. 791. TCEQ and PERFORMING PARTY, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK See attached Scope of Work. ARTICLE 2. PRICING AND PAYMENT See attached Contract Costs Budget(for payment based on reimbursement of actual costs) or Schedule of Fixed Rates (for payment at fixed rates based on the nearest practicable estimate of actual costs). ARTICLE 3. MAXIMUM AMOUNT OF CONTRACT The total amount of this Contract shall not exceed: Sixty Thousand Dollars and no cents $60,000.00 (Written amount) ($numerical amount) unless this Contract is amended in writing. It is expressly understood and agreed by the parties hereto that the performance on the part of the TCEQ of its obligations hereunder is contingent upon and subject to actual receipt by the TCEQ of sufficient and adequate funds from the sources contemplated by this Contract. ARTICLE 4. TERM OF CONTRACT This Contract shall begin on 9/1/07, or date of last contract signature, whichever is later, and shall terminate on full performance, which is due on 8/31 , 20 08 , unless terminated early or extended in accordance with the terms of the Contract. Contract Number 582-8-72691 ;a /,—A 7�IS TL S `,'a.�rn1..Ci III i t ARTICLE 5. CERTIFICATIONS 1. THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that (1)the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the parties, (2) the proposed arrangements serve the interest of efficient and economical administration of State Government, and(3) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder. 2. The TCEQ further certifies that it has the authority to contract for the above services by authority granted in the Current Appropriations Act, and TEX.WATER CODE§5.229. 3. PERFORMING PARTY further certifies that it has authority to perform the services contracted for herein. ARTICLE 6. CONTRACT DOCUMENTS The Contract Documents which comprise the entire Contract between TCEQ and PERFORMING PARTY concerning the Work consist of the following: 1. Scope of Work 2. Project Representatives /Records Location 3. Additional exhibits titled: Exhibit A-Release of Claims Form Exhibit B-Financial Status Report Form 4. One of the following(whichever is checked): X Contracts Costs Budget or ❑ Schedule of Fixed Rates (If neither is checked, or both are checked, this Contract is void) 5. General Conditions 6. One of the following (whichever is checked): ❑ Federal Conditions or X DELIBERATELY OMITTED (Federal Conditions are not incorporated into this Contract) (If neither is checked, or both are checked, this Contract is void) There are no Contract Documents other than those listed above in this Article. The Contract Documents may be amended,modified or supplemented only as provided in the General Conditions. Contract Number 582-8-72691 2 The undersigned bind themselves to the faithful performance of this Contract: TCEQ: PERFORMING PARTY: Texas Commission on Environmental Quality City of Fort Worth By: By: --, 4Aut orAut orized Sig gre Authorized Signature Steve Spaw, P.E. L4,5y Gt), rsc1, Printed Name Prinntted/ Name Director, Monitoring Operations Division Title Title Date: - 3 o °) Date: Contract#582-8-72691 3 State Contract Number 582-8-72691 APPROVED AS TO FORM & LEGALITY: By N�1 OQ �, 6 Kzl \j voTitle: Assistant City Attorney ATTEST: By 9A�� Printed Name: Marty Hendrix Title: City Secretary nn Date: IL M & C: I� 01 J�7u��l.�lGcli� rrSS�hr �1iU ' kSVUJ::J y GU. Scope of Work Fort Worth Ozone Air Monitoring A. Facts/Purpose The City of Fort Worth, Air Division of the Environmental Management Department will operate and maintain three continuous air monitoring stations (CAMS), two located in Tarrant County, and a third in Parker County. All three stations will be equipped with an ozone monitor and a meteorological tower to monitor for wind speed, wind direction, and temperature. B. TCEQ Responsibilities: 1. Provide all the required air monitoring equipment, parts, and supplies for the proper operation of the air monitoring stations. 2. If major repairs are needed, equipment will be shipped to the Ambient Monitoring Section (AMS) of the TCEQ in Austin and AMS staff will repair or replace the equipment as appropriate. 3. Technical support and training for the CAMS operators will be provided by the AMS staff in Austin and/or the TCEQ regional staff in Arlington. 4. The TCEQ regional staff in Arlington and/or in Austin will assist the City of Fort Worth staff in obtaining access to monitoring sites. 5. The TCEQ Quality Assurance staff from Austin will conduct annual performance and technical system audits of the air monitoring stations. 6. The TCEQ will monitor the status of the CAMS stations from Austin. C. Performing Party Responsibilities: 1. The Performing Party will provide two (one primary, one backup) electrical/mechanical grade technicians capable of operating and performing light maintenance on meteorological hardware and electronic monitoring equipment. Each individual will have the capability to use Digital Volt Meter(DVM) and PC computers. 2. The Performing Party staff will operate the air monitoring stations according to established standard operating procedures. 3. The Performing Party staff will be responsible for travel arrangements and expenses associated with the training and meetings. 4. The Performing Party will designate a project representative who will receive directions from TCEQ, manage the work being performed, and act on behalf of the City of Fort Worth as an Authorized Representative. Contract#582-8-72691 4 D. Qualifications and Experience 1. The Performing Party staff shall have at least six months experience with operation and maintenance of ambient air monitoring equipment. E. Description of Deliverables 1. The Performing Party will operate and maintain the CAMS stations according to the established guidelines for operating a CAMS station, including preventive maintenance according to schedule and two laboratory control checks (LCCs) each calendar quarter performed approximately six weeks apart. 2. In the case where an equipment failure requires a site visit by the CAMS operator, TCEQ requests that the visit be made on the same day but requires that the site visit be made by the next working day in order to minimize data loss. F. Schedule of Deliverables 1. Sign the Quality Assurance Project Plan (QAPP) for Ambient Air Monitoring in Texas for NAMS/SLAMSBorder, PM2.5 and PAMS Programs, annually. 2. Follow all required Quality Assurance/Quality Control (QA/QC) protocols. G. Acceptance Criteria 85% or greater data return per quarter or payment will be adjusted except for acts of God or any uncontrollable circumstance outside of the Performing Party's control. Contract#582-8-72691 5 PROJECT REPRESENTATIVES RECORDS LOCATION ARTICLE 1. PERFORMING PARTY The term"PERFORMING PARTY" as used in this Project Representatives/Records Location means either PERFORMING PARTY or CONTRACTOR, as applicable. ARTICLE 2. TCEQ PROJECT REPRESENTATIVE The individual named below is the TCEQ Project Representative, who is authorized to give and receive communications and directions on behalf of the TCEQ. All communications including all payment requests must be addressed to the TCEQ Project Representative or his or her designee. Kristin Bourdon Telephone No.: 512/239-0883 (Name) Network Coordinator 165 Facsimile No.: 512/239-1605 (Title) (Mail Code) Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 ARTICLE 3. PERFORMING PARTY PROJECT REPRESENTATIVE The individual named below is the PERFORMING PARTY Project Representative, who is authorized to give and receive communications and directions on behalf of the PERFORMING PARTY. All communications to the PERFORMING PARTY will be addressed to the PERFORMING PARTY Project Representative or his or her designee. T.C. Michael Telephone No.: 817/392-5455 (Name) Environmental Program Manager, Air Program Facsimile No.: 817-392-5435 (Title) 4200 South Freeway, #552 (Mailing Address) Fort Worth TX 76115-1406 (City) (State) (Zip Code) ARTICLE 4. SUBMITTAL OF PAYMENT REQUESTS Payment requests must be submitted to(whichever is checked): X the TCEQ Project Representative. ❑ the TCEQ Disbursements Section. (if neither box is checked,payment requests must be submitted to the TCEQ Disbursements Section). ARTICLE 5. 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: (Location) (Mailing Address) (City) (State) (Zip Code) Contract#582-8-72691 6 Contract Costs Budget ARTICLE 1. AUTHORIZED EXPENSE BUDGET 1.1. The authorized expenses, acquisitions, or expenditures under this Contract are as follows: Budget Category Budget Personnel/Salary $30,148.00 Fringe Benefits $7,432.00 Travel 0.00 Supplies $3,050.00 Equipment 0.00 Contractual 0.00 Other $11,298.00 Other-Third Party In-kind $ 0.00 Total Direct Costs $51,928.00 Authorized Indirect Costs2 $8,072.00 TCEQ Share $60,000.00 Grantee Cost Share 0.00 TOTAL COSTS $60,000.00 1. Fringe benefits shall be reimbursed at actual costs and shall not exceed 25% 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 PARTY 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 Contract#582-8-72691 7 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 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. apgV Contract#582-8-72691 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): ❑ 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, will be the FSR(Financial Status Report) and the PAR form. Contract#582-8-72691 9 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) GENERAL CONDITIONS ARTICLE 1. WORK PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the term "Work"means the entire completed undertaking, or the various separately identifiable parts thereof. Work includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any person or entity including PERFORMING PARTY's employees, agents, assigns, suppliers, and subcontractors. ARTICLE 2. AMENDMENT This Contract may be amended only by written agreement signed by both parties. ARTICLE 3. INSURANCE PERFORMING PARTY will require its contractors and their subcontractors to maintain insurance coverage sufficient to protect TCEQ against any and all claims that may arise out of or resulting from their performance of the Work and the other obligations undertaken in this Contract, and to maintain Workers Compensation Insurance which complies with Texas statutory requirements. ARTICLE 4. ACCEPTANCE, CORRECTIONS, WAIVER, WARRANTY, QUALITY 1. Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the TCEQ. 2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to the TCEQ. 3. Waiver. No waiver, whether expressed or implied, shall be construed as a continuing waiver unless it is specifically described in writing as a continuing waiver. 4. Warranty. All warranties implied by law are applicable to the Work. Nothing in this Contract nor any action of the TCEQ will act as a disclaimer of any warranty. All warranties are for a period of ONE YEAR from the date of acceptance unless a different period is stated in this Contract or in a written warranty. PERFORMING PARTY expressly warrants that the TCEQ will receive the benefits of third-party warranties (whether manufacturer or supplier) applicable to the Work. 5. Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract. If required by TCEQ, PERFORMING PARTY will furnish satisfactory evidence (which may include reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract. ARTICLE 5. PAYMENT 1. Payment Methods. TCEQ will reimburse PERFORMING PARTY's allowable costs of providing Work which is satisfactory, accepted by TCEQ, and in conformity with all requirements of this Contract and applicable law. 2. Reimbursement of Actual Cost as Incurred. This Contract contains a Contract Costs Budget indicating expected contract- related costs for the required Work. PERFORMING PARTY will be paid on the basis of reimbursement of actual costs. At the intervals specified in the Contract Costs Budget, PERFORMING PARTY may submit a request for reimbursement of the actual costs it has incurred. All such requests must be accompanied by supporting documentation as required by this Contract. PERFORMING PARTY agrees that the TCEQ's obligation to reimburse the PERFORMING PARTY's costs will remain within the Contract Costs Budget and that cumulative transfers among the budgeted direct cost categories will not exceed ten percent (10%) of the total reflected therein. a. If PERFORMING PARTY is a state agency as defined in GOv'T CODE, Chapter 791, then all reimbursement requests must be submitted to the TCEQ Project Representative on a State of Texas Interagency Transaction Voucher. All requests must be accompanied by a summary report or invoice showing the budgeted cost categories for the reported expenditures and indicating the amount remaining in each category. b. If PERFORMING PARTY is not a state agency, then all reimbursement requests must be submitted to the TCEQ Project Representative with a completed TCEQ Financial Status Report(TCEQ Form 269a) (See Exhibit B) and (as applicable) TCEQ Supplemental Financial Status Report Forms 269a-1, 269a-3, and 269a-4. A final Financial Status Contract Number 582-8-72691 10 Report must be submitted no later than 90 days following the termination date of this Contract. 3. Timely Payment Requests Required. TCEQ may refuse to pay any request submitted more than 90 days after the termination of this Contract. ARTICLE 6. SUBCONTRACTORS, OTHERS 1. Qualified Personnel. All employees and subcontractors employed by PERFORMING PARTY on or for the Work must have sufficient qualifications to perform the Work. 2. Objections. PERFORMING PARTY will not employ any particular subcontractor, supplier or other person or organization on or for the Work if TCEQ makes a reasonable written objection against such subcontractor, supplier, person, or organization. PERFORMING PARTY will not be required to employ any particular subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection. 3. Subcontracts. PERFORMING PARTY will include all provisions which may be necessary to accomplish all requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its subcontractors to do the same. ARTICLE 7. INTELLECTUAL PROPERTY 1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written, invented, first actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees, subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY hereby assigns to TCEQ a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish and modify such intellectual property and authorize others to do so for TCEQ purposes. Upon termination of this Contract, all data and information by PERFORMING PARTY will be furnished to TCEQ. 2. License of Existing Rights. PERFORMING PARTY grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise- wide license to use, copy, publish, and modify any intellectual property in the Work and to authorize others to do so for TCEQ purposes. PERFORMING PARTY shall secure all necessary intellectual property licenses from third parties and warrants that the Work and the intended use of the Work will not infringe any property rights of any third-party. PERFORMING PARTY agrees to require its contractors to indemnify and hold harmless TCEQ from damages arising from or related to any infringement of rights in intellectual property. To the extent permitted by law, PERFORMING PARTY agrees to indemnify and hold harmless TCEQ from damages arising from or related to any infringement of rights in intellectual property. ARTICLE 8. SEVERABILITY The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the contract will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. ARTICLE 9. SUSPENSION; TERMINATION 1. For Cause. In the event of PERFORMING PARTY's failure to perform the Work as required by the Contract, violation of applicable law, substantial or material default, or other cause, TCEQ may suspend the Work or terminate this Contract for cause. 2. Force Majeure. In the event of delay or failure of performance caused by force majeure, TCEQ may terminate this Agreement in whole or part upon seven(7) days written notice. 3. For Convenience. TCEQ may terminate this Contract for convenience and without cause upon seven (7) days notice. 4. Payment Adjustment. If the TCEQ terminates for convenience or because of force majeure, PERFORMING PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termination. ARTICLE 10. SURVIVAL OF OBLIGATIONS All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with this Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract. 14 ICI Contract Number 582-8-72691 ARTICLE 11. LAWS AND REGULATIONS PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except where otherwise expressly required by applicable law, TCEQ shall not be responsible for monitoring PERFORMING PARTY compliance with any applicable law. ARTICLE 12. AUDIT, ACCESS TO RECORDS The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract(including that performed by subcontractors), and shall retain them for at least three(3) years from the date of termination of this Contract. The TCEQ, the Texas State Auditor's Office, or any of their duly authorized representatives may review, audit, copy, or disclose the contents of such books or records at any time. ARTICLE 13. MISCELLANEOUS 1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the TCEQ to the Project Representative designated by the TCEQ. The PERFORMING PARTY will designate a Project Representative to receive all communications from the TCEQ. Both Project Representatives will be designated in writing (see Project Representatives/Records Location). 2. "Time is of the Essence" will apply to all time limits stated in the Contract. 3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in the Uniform Grant and Contract Management Standards (UGCMS), including those related to financial monitoring, auditing and record keeping. ARTICLE 14. DELINQUENT STATE TAXES The PERFORMING PARTY agrees that any payments due under this Contract will be applied towards any debt owed to the State of Texas. This requirement is not applicable to PERFORMING PARTIES who are state agencies as defined in Gov't Code, Chapter 791. ARTICLE 15. REMEDIES AND SANCTIONS 1. In accordance with Chapter 2261 Texas Government Code,the following Schedule of Remedies applies to this Contract in the event of substandard performance or other failure to conform to the requirements of the Contract or applicable law. a Reject the substandard performance and request corrections without charge to the TCEQ. b. Issue a notice of substandard performance or other non-conforming act or omission. C. Request and receive the return of any over payments or inappropriate payments. d. Reject associated reimbursement requests and suspend payments,pending accepted revision of substandard performance or non-conformity. Note: Funds may be retained by TCEQ for recovery of administrative costs or returned to funding source as authorized by agreements with the funding source and by state or federal law. e. Suspend all or part of the Work,pending accepted revision of substandard performance or non-conformity. f. Terminate the contract,demand and receive: return of all equipment purchased of contract funds,return of all unexpended funds,and repayment of expended funds. 2. If the TCEQ finds the PERFORMING PARTY's performance to be substandard,TCEQ may provide its written evaluation report to other governmental entities at any time. TCEQ may also provide its written evaluation report to the public as authorized by law. 3. TCEQ may avail itself of any remedy or sanction provided in this Contract or in law to recover any losses rising from or caused by the PERFORMING PARTY's substandard performance or any non-conformity with the Contract or the law. The remedies and sanctions available to TCEQ in this contract shall not limit the remedies available to the TCEQ under law. ARTICLEI6. DISPUTES,CLAIMS,REMEDIES Continuing the Contract Activities. Performing Party shall carry on the Contract Activities and adhere to the progress schedule during all disputes or disagreements with TCEQ unless ordered to stop the Contract Activities. No Contract Activities shall be delayed or postponed pending resolution of any disputes or disagreements. Payment not a Release.Neither payment by TCEQ nor any other act or omission other than an explicit written release constitutes a release of Performing Party from liability for losses under this Contract. Contract Number 582-8-72691 12 Cumulative Remedies. The rights and remedies provided to the TCEQ in this Contract, are in addition to, and are not to be construed in any way as a limitation of,any rights and remedies available under state and federal rules,regulations,and laws and at common law. ARTICLE 17. INSURANCE AND INDEMNIFICATION Insurance. Unless prohibited by law, the Performing Party shall require its contractors and suppliers to obtain and maintain during the Contract Term adequate insurance coverages 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,whether caused by the Performing Party or by the contractor(s)or by anyone directly or indirectly employed by either. The Performing Party shall insure the activity of its contractor in Performing Party's own policies. Unless specifically waived by the TCEQ, sufficient coverages shall include but are not limited to Workers Compensation and Employer's Liability Insurance,Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. Indemnification. To the extent authorized by law, the Performing Party shall require all contractors performing the Contract Activities on behalf of Performing Party to indemnify, defend, and hold harmless the TCEQ and Performing Party and their officers, employees and representatives from and against all losses, liabilities, damages, and other claims of any type arising from the performance of the Contract Activities by the Performing Party or its contractors,suppliers and agents,including those arising from a defect in design, workmanship, materials, or from infringement of any U.S. or foreign patent, trademark or copyright; or from a breach of applicable laws, regulations, safety standards or directives regardless of whether such acts or omissions are negligently or recklessly performed. The defense of the TCEQ shall be subject to the authority of the Office of the Attorney General of Texas to represent the TCEQ This covenant survives the termination of the Contract. ARTICLE 18. RELEASE OF CLAIMS Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work,or prior to settlement upon termination of this Agreement and as a condition to final payment/settlement,the PERFORMING PARTY shall execute and deliver to the TCEQ a release of all claims against the TCEQ arising under or by virtue of this Agreement. ARTICLE 19. BANKRUPTCY CLAUSE If the Contractor files for bankruptcy,immediately notify TCEQ in writing according to the Notice provisions AND send notification directly to TCEQ Bankruptcy Program. The Contractor's notice to the bankruptcy program must include the appropriate contract number(s). Contract Number 582-8-72691 13 Exhibit A TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Release of Claims hereby releases the Texas Commission on Environmental Quality(TCEQ), its officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ Contract Number Further certifies that all subcontractors, suppliers, employees and any party which has performed or provided service for this contract has been paid in full and satisfied. All services and tasks required to be completed under the referenced contract have been completed. Prompt payment, therefore, of any and all funds which may have been"retained"by TCEQ in accordance with said contract is requested. Executed on this day of , 20_. By: (signature) (name, typed or printed) (title) Contract Number 582-8-72691 14 Exhibit B Texas Commission on Environmental Quality FINANCIAL STATUS REPORT 1. STATE AGENCY ORGANIZATION UNIT TO WHICH REPORT IS SUBMITTED: 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE) 5. TCEQ CONTRACT NUMBER: 6. FINAL REPORT: YES NO 7. ACCOUNTING BASIS: CASH ACCRUAL 8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT: FROM TO FROM TO 10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance ** Budget This Report Project Cost a.Personnel/Salary b.Fringe Benefits c.Travel d.Supplies e.Equipment f.Contractual g.Construction h.Other i.Total Direct Costs (Sum a - h) j .Indirect 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 Date Submitted ext. ) Contract Number 582-8-72691 15 ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this reportperiod) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for COST COST approval) TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 269a) CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR(NAME) FOR COST(THIS PERIOD) IF TASKS TOTAL CONTRACTUAL EXPENDITURES (must agree with line 1 Of on Form 269a) LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. Contract Number 582-8-72691 16 RUB, YEu e ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE COST(THIS PERIOD) TASKS IF- OTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 269a) 'LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. Contract Number 582-8-72691 17 ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER I ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED Should match description provided forapproval) COST COST TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 269a) is OTHER EXPENDITURES (during this report period) NUMBER DESCRIPTION UNIT TOTAL TASKS PURCHASED COST COST LOT-ALOTHER EXPENDITURES (must agree with line 1 Oh on Form 269a) $ IL 'LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED$500. Contract Number 582-8-72691 18 ITEMIZATION OF PERSONNEUSALARY AND TRAVEL COSTS PERSONNEUSALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS PERIOD TOTAL PERSONNEUSALARY EXPENDITURES (must agree with line 10a on Form 269a) $ TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST(THIS PERIOD TASKS TOTAL TRAVEL EXPENDITURES (must agree with line 10c on $ Form 269a * SUBSTANTIATING DOCUMENTATION (time sheets,travel receipts, etc.)MAY BE REQUIRED TO BE ATTACHED TO THIS FORM Contract Number 582-8-72691 19 Financial Status Report Preparation Instructions 1. The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a completed, legible TCEQ Financial Status Report(TCEQ Form 269a)and any required TCEQ Supplemental 269a forms. Unless directed otherwise in the Contract,the PERFORMING PARTY shall submit such payment request documents by not later than twenty-one(21) days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters(September-November; December- February, March-May;June-August). Each Financial Status Report shall indicate,for each budget sub-category the PERFORMING PARTY'S project expenditures for the period in question,the cumulative expenditures with respect to each budget sub-category, and the balance remaining in each budget sub-category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the"Equipment"or"Contractual"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach,for each reimbursable cost listed on Supplemental Form 269a-1, legible documentation that(1)serves to further identify the specific piece of equipment received or the services provided, (2)clearly identifies the vendor or subcontractor who provided the equipment or services, and (3)that confirms the reimbursable amount listed on the form. In the case of equipment purchases,the attached documentation shall be either a purchase order marked"received/paid"or a vendor-submitted invoice similarly marked. In the case of subcontractor provided services,the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due"amount from previous invoices. 3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-2 and identified with respect to the major tasks or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. In addition,the PERFORMING PARTY shall attach,for each reimbursable cost listed on Supplemental Form 269a-2, legible documentation that(1)serves to further identify the specific cost, (2)clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3)that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked"received/paid"or an invoice similarly marked. In the case of subcontractor provided construction services,the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due"amount from previous invoices. 4. All requests for the reimbursement of expenditures that fall within either the"Supply'or"Other'categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-3 and identified with respect to the major tasks or objectives, set forth in the Scope of Work,that such expenditures support or satisfy. In addition,for any single-listed item or service costing more than$500,the PERFORMING PARTY shall attach,for each reimbursable cost listed on Supplemental Form 269a-3, legible documentation that(1)serves to further identify the specific items or services, (2)clearly identifies the vendor or subcontractor who provided the items or services,and (3) that confirms the reimbursable amount listed on the form. Although issued purchase orders and/or invoices marked "received/paid"represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 5. All requests for reimbursement of expenditures that fall within either the"Personnel/Salary"or"Travel"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-4 and identified with respect to the major tasks or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 269a-4 with respect to reported "Personnel/Salary"expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, all costs listed on Form 269a-4 must be supported by attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel-related costs, includes the following: (1) legible copies of the PERFORMING PARTY-approved travel vouchers, signed by the employees who traveled, and (2)for any travel-related expenses under this contract borne directly by the PERFORMING PARTY(and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required)separate receipts showing, at a minimum,the traveler's name,the travel location, and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective,the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order. �-- the various tasks or objectives supported. JJV J5 j� Contract Number 582-8-72691 20 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/17/2007 - Ordinance #17660-07-2007 DATE: Tuesday, July 17, 2007 LOG NAME: 52TCEQ OZONE REFERENCE NO.: **C-22252 SUBJECT: Authorize Execution of an lnterlocal Agreement with the Texas Commission on Environmental Quality for the Operation of Ozone Monitoring Stations and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an lnterlocal Agreement with the Texas Commission on Environmental Quality to operate three continuous air monitoring stations for the period September 1, 2007 through August 31, 2008; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $60,000.00 in fiscal year 2007-2008, subject to receipt of an executed contract. DISCUSSION: The Department of Environmental Management operates and maintains three continuous air monitoring stations for the Texas Commission on Environmental Quality (TCEQ). One is located in the Keller, Texas, area, another is near Annetta, Texas, in Parker County, and the third is located in the northwest corner of Tarrant County. All three stations are equipped with an ozone monitor and a meteorological tower to monitor wind speed, wind direction, and temperature. These monitors are part of the state initiative for Environmental Monitoring for Public Access and Community Tracking of ozone air pollution in the Fort Worth/Dallas area. The TCEQ provides all the air monitoring equipment, parts, and supplies for the proper operation of the air monitoring stations, and is contracting with the City of Fort Worth for the operation and maintenance of these monitoring stations. The City will be responsible for retrieving the sampling data, sending it for analysis, and performing regular audit and maintenance activities on the equipment. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in the current grant operating budget, as appropriated, of the Grants Fund and will be reimbursed after expenditures are made. The Environmental Management Department, Air Quality Section will be responsible for requesting reimbursement of grant eligible expenditures. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451543 052412207000 $60,000.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/19/2007 Page 2 of 2 GR76 5 $60,000.00 (VARIOUS) 052412207010 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Michael Gange (6569) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/19/2007