HomeMy WebLinkAboutContract 44722 (2)Co. Name: Local Air Program
CITY SECRETARY
CONTR O:.gQyM
Texas Commission on Environmental Quality
Cooperative Reimbursement Contract for
State Agencies and Local Governments
CONTRACT SIGNATURE PAGE
Contract Name:
Contract Number:
Performing Party:
Performing Party Identification Number:
Maximum Authorized Reimbursement:
Local Air Program
582-14-40027
City of Fort Worth
17560005286 ow
$275,233.00
Effective Date: E 09/003 ❑ Date of last signature
Expiration Date: E 08/304 ❑ Last day of Fiscal Year in which the Contract was signed
E If checked, this Contract requires matching funds. Match Requirement:
❑ If checked, this Contract is funded with federal funds.
CFDA Number:
Federal Grant Number:
This Contract is entered under:
33%
❑ Gov't Code ch. 771 ❑ Gov't Code ch. 791 ❑ Water Code § 5.124
E Tex. Water Code § 5.229 and Health and Safety Code § § 382.0622 and 382.111 —
382.115
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)
By:
Authorized Si;. ature
Ramiro Garcia. Jr.
Printed Name
Deputy Director
Office of Compliance and Enforcement
Title
7 Procurements
Date
City of Fort Worth
(Performing�Party))
6:4Attk-
/ By: / i�" /W14?QO .
X / (Tim, C%C
ContractIRepresenfative
Jeanette Vrabel
Printed Name
Date
OFFICIAL RECORD
CITY UNWARY) AUG 2 0 2013
FT. WORTH, TX
Authorized Signature
Fernando Costa
Assist IinCftY anage r
Title
7/31/i3
/ Date
APPROVED AS TO FORM AND LEGALITY:
AIL I A I I 1 -\-------
A istant City Attorney
Co. Name: Local Air Program Co. Number: 582-14-40027
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 and marked by
an "X." 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
❑ Federal Section (Including Federal Conditions and Completed Forms)
• Scope of Work
• General Terms and Conditions
Choose One
Fixed Payment Amounts
❑ Cost Budget
• Notices, Project Representatives and Records Locations
❑ TCEQ — Approved Contract Work Plan
❑ TCEQ — Approved Performing Party Proposal
• Attachment A: Financial Status Report
❑ Attachment B:
❑ Attachment C:
❑ Attachment D
Page 2 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
SPECIAL TERMS AND CONDITIONS
1. This agreement supports a Local Air Program as defined in Section 382.0622, Texas Health
and Safety Code. The combined federal and state share of the funding for the
PERFORMING PARTY's Local Air Program (including the state funds under this
Agreement) shall not exceed 67% of the PERFORMING PARTY's total cost for the program.
The PERFORMING PARTY must provide matching funds such that 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, shall not exceed 67%, or the total
amount of this Agreement will be reduced proportionately so that this condition is met.
2. "Source of Interest to the EPA" means any air pollution site that is a Major Source. "Major
Source" is defined in 4o C.F.R. § 70.2 and 3o T.A.C. § 122.10.
3. 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 involve a change in
the Contract Price, Contract Period, or Contract Terms and Conditions.
4. This agreement shall have a term commencing on September 1, 2013 and shall terminate on
August 31, 2014. Both Parties have an option to renew the agreement for 3 additional 1 year
periods upon written consent of the Parties by an amendment to this agreement.
Page 3 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
SCOPE OF WORK
The PERFORMING PARTY shall perform the following tasks by the deadlines indicated in this
Scope of Work section. The purpose of this agreement is for PERFORMING PARTY to assist
TCEQ with Clean Air Act enforcement.
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 3o 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 Fixed Payment. Within 3o days after the beginning of each
fiscal year, the PERFORMING PARTY will submit documentation to the TCEQ
showing how it will provide matching funds for its share of the State Compliance
Agreement funds as required by ARTICLE 1 of the Special Terms and Conditions
of this Agreement. Documentation shall also include the indirect rate, basis for
indirect rate, list of current and known future expenses, and an itemized
breakdown of direct charges. If the PERFORMING PARTY does not utilize an
indirect rate, it must say so in the documentation.
1.4 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.
1.5 Reserved.
1.6 Financial Status Report. Each quarterly request for payment must include a
quarterly Financial Status Report (FSR). 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 $5000 or more. TCEQ will provide a Form and Instructions for the FSR.
1.7 The PERFORMING PARTY shall submit a copy of the annual independent
financial audit required by the UGMS to the TCEQ Contract Manager for each
fiscal year of the contract period.
1.8 The PERFORMING PARTY shall implement and maintain internal quality
control procedures to ensure completeness and accuracy of all Agreement
deliverables.
Page 4 of 30
' Co. Name: Local Air Program Co. Number: 582-14-40027
1.9 Annual Work Plan Development. PERFORMING PARTY will submit a draft
Work Plan by August 1 of each fiscal year, and the parties will make all reasonable
efforts to agree on a final Work Plan by August 15 of each fiscal year. The Work
Plan will be consistent with the direction and intent of the Compliance
Monitoring Strategy and the Risk -based Investigation Strategy for the TCEQ Air
and/or Stage II programs. To the extent practicable, the PERFORMING PARTY
will implement the Work Plan so that one-fourth of the Work Plan activities is
completed each quarter. PERFORMING PARTY will submit a schedule of per -
task fixed payment amounts as part of its Work Plan, in a format approved by
TCEQ.
2. Performance Evaluations
2.1 Program evaluations. TCEQ will make ongoing evaluations of PERFORMING
PARTY's work throughout the Agreement term. 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. Evaluations may include file reviews, work
product evaluations and joint oversight investigations. The TCEQ Regional
Representative will perform a minimum of one file review and two joint oversight
investigations per fiscal year. A joint investigation is an investigation in which a
TCEQ 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 will evaluate investigation
reports submitted by the PERFORMING PARTY as required in 4.2.8.5
Investigation Reports or activity results.
TCEQ will provide written assessments of each work product evaluated, including
file reviews, work product evaluations and joint oversight investigation results to
the PERFORMING PARTY's representative by the 7th working day of the month
following the evaluation, or at another mutually agreed time.
2.2 Program evaluation meetings. The purpose of periodic program evaluations is to
ensure ongoing program effectiveness. Program evaluation meetings will be held
at least quarterly during the Agreement term. The meeting participants will
include the TCEQ Regional Representative or designee, the TCEQ Air and Waste
Section Managers or designees, and the PERFORMING PARTY's representative.
Standing topics for each meeting will include:
• Updates on progress made on the Work Plan;
• Updates on program implementation issues;
• Work plan development for future years;
• Discussions on progress implementing corrective action plans, if any, and;
• Work product evaluations conducted by TCEQ.
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 within three weeks of the meeting.
Page 5 of 30
° Co. Name: Local Air Program Co. Number: 582-14-40027
2.3 Unsatisfactory Performance. If the TCEQ Regional Representative 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, in writing, of the suspected program deficiency or
unsatisfactory performance within 3o days of the date of discovery.
The PERFORMING PARTY shall provide a written response to TCEQ within 30
calendar 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. 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. TCEQ will review
the plan. If TCEQ approves the plan, the PERFORMING PARTY shall implement
it immediately.
2.4 Correction to unsatisfactory performance. TCEQ 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 periodic program evaluation meetings.
2.5 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.
2.6 CCEDS Performance Evaluation. TCEQ will evaluate performance of work
approved in the Consolidated Compliance and Enforcement Data System
(CCEDS).
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 6o calendar days, correct any similar deficiencies in the work performed
under that Agreement and report to TCEQ any deficiencies that cannot be
corrected within the 6o days.
2.7 Annual Performance Evaluation. TCEQ will evaluate the work completed and
approved in CCEDS each fiscal year. 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 2.1;
(4) the meeting reports described in Paragraph 2.2; and (5) the PERFORMING
PARTY's documentation of compliance with the financial management
requirements of the contract.
Page 6 of 30
' Co. Name: Local Air Program Co. Number: 582-14-40027
2.7.1 By the first day of August of each fiscal year covered in this Agreement, the
TCEQ Contract Manager will provide an Annual Performance Evaluation
Questionnaire to be completed by the PERFORMING PARTY.
2.7.2 By September 15 following the receipt of the questionnaire identified in
Paragraph 2.7.1, the PERFORMING PARTY shall respond to the questionnaire,
including appropriate attachments. The response will be sent to the TCEQ
Contract Manager, Project Manager and the Regional Representative.
2.7.3 By October 15 following the receipt of the questionnaire identified in
Paragraph 2.7.1, the TCEQ Project Manager will provide the PERFORMING
PARTY with a schedule for the Annual Performance Evaluation meeting.
2.7.4 At least one week before the scheduled Annual Performance Evaluation
meeting, the TCEQ Project Manager will provide a draft copy of the Annual
Performance Evaluation Report to the PERFORMING PARTY.
2.7.5 The meeting will be completed by January 31st following the receipt of the
questionnaire identified in Paragraph 2.7.i. The meeting will include a
discussion of the preliminary findings and recommendations identified in the
Report.
2.7.6 Within 45 calendar days of the Annual Performance Evaluation meeting,
the TCEQ Project Manager will provide a revised, draft Annual Performance
Evaluation Report to the PERFORMING PARTY. The draft will incorporate
comments from the meeting and follow-up information, as applicable.
2.7.7 Within ten working days of receipt of the revised, draft Annual
Performance Evaluation Report described in Paragraph 2.7.6, the PERFORMING
PARTY shall provide any written comments or corrections to the draft Report to
the TCEQ Project Manager.
2.7.8 Within 3o calendar days of receipt of the final, signed Annual Performance
Evaluation Report covering the PERFORMING PARTY's performance for the
fiscal year, the PERFORMING PARTY shall provide a written response to the
TCEQ Project Representatives 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 6o 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 6o days, the PERFORMING PARTY shall identify the limitations to
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.
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Co. Name: Local Air Program Co. Number: 582-14-40027
2.7.9 Within 6o calendar days of being notified of any deficiencies, or as
instructed by the TCEQ, the PERFORMING PARTY shall provide the TCEQ
Project Representatives 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 Nan task (activity) identified in the approved
Work Plan.
3.1 TCEQ will not pay for work not included in this Scope of Work, or which exceeds
the quantities in the Work Plan.
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 a
program 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 intranet web pages, FODWEB.
3.2.2 Work Plan Activities
3.2.2.1 PERFORMING PARTY shall prepare and submit a detailed
proposed Work Plan in a format approved by the TCEQ. PERFORMING
PARTY shall select the number and type of investigations consistent with
the TCEQ Compliance Monitoring Strategy and Risk Based Investigation
Strategy and effecting maximum benefit for air pollution control. Planned
investigations conducted at the same site in successive fiscal years may
only be scheduled if required by the Compliance Monitoring Strategy and
Risk Based Investigation 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
Project 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 only reimburse PERFORMING PARTY's costs for
approved Work Nan activities.
3.2.2.2 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.
Page 8 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
3.2.3 List of Sources. The PERFORMING PARTY shall develop and maintain a
list of sources subject to recurring planned investigations by applying the
Compliance Monitoring Strategy and Risk Based Investigation Strategy for the
Air and Waste Programs.
3.2.3.1 Sources of Interest to EPA. The list of air pollution control
subject sources shall include those sources which meet the definition of a
"Sources of Interest to the EPA" as defined in the Special 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.
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.
3.2.3.2 Reserved
3.2.3.3 Stage II list. The PERFORMING PARTY shall maintain a list
of Stage II facilities. The List of All Facilities shall identify all motor
vehicle fuel dispensing facilities within the PERFORMING PARTY's
territorial jurisdiction where Stage II vapor recovery equipment is
required by TCEQ rules (30 TAC 115.221 - 115.229 and 115.241 - 115.249).
This list should be maintained as the fiscal year progresses, but must be
made as accurate as possible prior to Work Plan development in any fiscal
year. The list should be maintained throughout the year to include Stage
II facilities which were newly identified or which were identified as closed
or no longer in business. Upon request, the PERFORMING PARTY shall
provide this list to the TCEQ Regional Representative and state the total
number of facilities identified since the beginning of the fiscal year.
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. Unless otherwise specifically stated in writing by TCEQ, an
investigation is considered a "complete work task" only when it is approved in
CCEDS. The PERFORMING PARTY shall only invoice for complete
investigations.
3.2.5 Enforcement:
3.2.5.1 The PERFORMING PARTY shall issue a Notice of Violations
(NOV) and initiate an appropriate enforcement action on every violation it
detects while performing any investigation under this Agreement,
including violations unrelated to the primary purpose of a particular
investigation.
Page 9 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
3.2.5.2 The PERFORMING PARTY shall refer cases requiring
consideration for enforcement action to the TCEQ Enforcement Division
within 6o 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 Section 7.352, Texas
Water Code are in place, the PERFORMING PARTY may bring
enforcement actions under Section 7.351, Texas Water Code. The
PERFORMING PARTY must name TCEQ as a necessary and
indispensable party to any such action, in accordance with Section 7.353,
Texas Water Code
3.2.5.4 If approved and directed by TCEQ, the PERFORMING
PARTY shall issue Field Citations in appropriate cases.
3.2.6 Reserved.
3.2.7 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 Standard Operating Procedures
(FODSOP), and Enforcement Division Standard Operating Procedures (EnfSOP).
3.2.7.1 TCEQ CCEDS Support
3.2.7.1.1 TCEQ will provide phone support (512-239-6231),
during normal business hours to guide PERFORMING PARTY's
technical personnel in troubleshooting network and application
issues.
3.2.7.1.2 TCEQ will provide technical support, including on -site
support, to correct technical problems in a timely manner.
3.2.7.1.3 TCEQ will install, terminate and maintain the data
circuit from TCEQ to the Point of Presence at the Local Programs
site. TCEQ is responsible for terminating the circuit into the local
router. The local router is owned, operated and maintained by
TCEQ.
3.2.7.1.4 TCEQ will configure all TCEQ network software to
TCEQ standards.
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Co. Name: Local Air Program Co. Number: 582-14-40027
3.2.7.1.5 TCEQ will provide information on the TCEQ Wide Area
Network (WAN) and applications to the PERFORMING PARTY as
needed.
3.2.7.2 PERFORMING PARTY CCEDS support:
3.2.7.2.i The PERFORMING PARTY is responsible for extension
of connectivity from the local router to an ethernet switch and
distribution on a local area network to each workstation.
3.2.7.2.2 The PERFORMING PARTY shall configure all network
hardware and software on the segment of their network connected
to the TCEQ WAN in order to maintain compatibility with TCEQ
standards and to assure that TCEQ applications can properly
operate on the network segment.
3.2.7.2.3 The PERFORMING PARTY network segment
connected to the TCEQ WAN shall be a separate and distinct
network with no connections to other Local Area Networks (LANs),
WANs or data circuits.
3.2.7.2.4 The PERFORMING PARTY shall provide a primary and
secondary automation point of contact, responsible for security of
the network and equipment used by PERFORMING PARTY staff,
responding to TCEQ inquiries, requests for network assistance and
communicating automation questions or problems to the TCEQ
WAN manager or TCEQ Automation staff.
3.2.7.2.5 The PERFORMING PARTY shall allow TCEQ technical
staff physical and electronic, and logical network access for
application support and security monitoring of the CCEDS
Application.
3.2.7.2.6 The PERFORMING PARTY shall obtain approval from
the TCEQ Information Resources Division, Customer Support
Section, LAN Services Team (Regional) at 512-239-080o prior to
making network segment configuration changes that may
negatively impact access to the TCEQ WAN or the TCEQ
applications.
3.2.7.3 New PERFORMING PARTY Staff. PERFORMING PARTY
will notify the TCEQ Regional Representative and the TCEQ Project
Manager through electronic mail of the name, electronic address, phone
number, and start date for any new staff person that will complete any of
the requirements of this Agreement, as early as possible. The TCEQ
Regional Representative shall request the TCEQ Information Resource
Division to provide the new staff with appropriate access, including the
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Co. Name: Local Air Program Co. Number: 582-14-40027
agency reporting application, CCEDS reports, Central Registry, and the
TCEQ guidance on FODWEB.
3.2.7.4 Terminated PERFORMING PARTY Staff. The
PERFORMING PARTY will notify the TCEQ Regional Representative and
the TCEQ Project Manager through electronic mail of the name, electronic
address, phone number, 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, as early as possible and no later
than one business day after the termination date. The TCEQ Regional
Representative shall request the TCEQ Information Resource Division
terminate all access for that person.
3.2.7.5 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.
3.2.7.6 Database Training. The PERFORMING PARTY shall attend
TCEQ-sponsored database application training as scheduled by TCEQ.
The PERFORMING PARTY will ensure that its staff is adequately trained
and qualified to perform database work.
3.2.8 Monthly Reporting. The PERFORMING PARTY shall provide monthly
reports to the TCEQ Regional Representative and Project Manager within seven
working days after the end of each calendar month. Reports may be generated
from CCEDS or other TCEQ data systems, if the data is available in those
systems. Crystal Reports is the preferred mechanism of generating and providing
the reports. Monthly reporting must contain at least the following elements:
3.2.8.1 A summary report of progress against the Work Plan
specifying the number and type of Work Plan activities approved for the
month and a list of activities approved for the month to include sources
investigated by name, regulated entity number, and investigation type
code.
3.2.8.2 A list of Work Plan revisions made that month with the
approval date and approving parties of each change.
3.2.8.3 A list of enforcement initiated during the month, stating the
type of enforcement, the rules violated, and the resolution.
3.2.8.4 A list of Work Plan tasks approved more than 3o days after
the deadline with an explanation of the delay, and what action has been
taken to minimize similar delays.
3.2.8.5 For each activities approved during the month, the original
investigation report including attachments (or a list of reports, if the TCEQ
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Co. Name: Local Air Program Co. Number: 582-14-40027
Regional Representative and the PERFORMING PARTY agree), and
approved enforcement referral packages, including attachments. A copy of
each report and package should be retained in the PERFORMING
PARTY's files.
3.2.8.6 Reserved
3.2.8.E Exceptions and Deadlines.
3.2.8.7.1 A list 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.
3.2.8.7.2 A list of enforcement variance requests described in the
most current version of the TCEQ Enforcement Initiation Criteria
guidance document on FODWEB, and responses to such requests.
3.2.8.8 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 organizational chart shall only be required in
the Monthly Report if there were changes in any of the information since
the last submittal.
3.2.9 Training and qualification for investigators may include, but is not limited
to:
3.2.9.1 Annual TCEQ Air Investigators Training and Annual PST
Stage II Training, as appropriate.
3.2.9.2 Visible Emissions Evaluator's Certification (required for
investigators who will be making opacity readings using EPA Method 9).
3.2.9.3 Training related to TCEQ database use when available.
3.2.9.4 Training and certification of Emissions Evaluators
performing stack test pretest meetings, observations and report reviews.
3.2.9.5 Training related to Complaint Investigations and Odor
Protocol when made available to the PERFORMING PARTY.
3.2.9.6 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.
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Co. Name: Local Air Program Co. Number: 582-14-40027
3.2.9.E Training appropriate to maintain the qualifications of the
investigator that performs the assigned tasks listed in the approved Work
Plan. A professional development plan (PDP) shall be maintained for
investigators on an annual basis, and shall be available for review upon
request by the TCEQ. The TCEQ guidance for the types of training and
professional development should be used in the development of the PDP.
It shall be the responsibility of the PERFORMING PARTY to identify and
obtain any necessary safety training.
3.2.10 Managers or manager -appointed representatives for the PERFORMING
PARTY shall attend TCEQ-sponsored Managers' 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 4 of this Scope of Work section and additionally any specific guidance listed
below. For all investigation types:
• 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.
• It shall be the responsibility of the PERFORMING PARTY to acquire and
maintain the equipment necessary for the investigation.
• The PERFORMING PARTY shall conduct complete enforcement activities within
the time frames established in the various investigation protocols and the EIC,
being particularly careful to meet any enforcement driven deadlines related to
EPA's High Priority Violation (HPV) policy that are reflected in the various
investigation and enforcement guidance documents.
Page 14 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
GENERAL TERMS AND CONDITIONS for
Cooperative Reimbursement Contract for
State Agencies and Local Governments
i. CONTRACT PERIOD
1.1 Contract Period. The Contract beings 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 agreed to 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.
Page 15 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
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 text of UGMS is available online at the Comptroller's website.
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 Allowable Costs for performing the Scope of Work.
Performing Party's invoice shall confirm to all reimbursement requirements
specified by TCEQ.
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.
5. 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
Page 16 of 30
' Co. Name: Local Air Program Co. Number: 582-14-40027
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 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).
8. Conflict of Interest
The Performing Party shall timely notify TCEQ in writing of any actual, apparent, or potential
conflict of interest regarding the Performing Party or any related entity or individual. No entity
or individual with any actual, apparent, or potential conflict of interest shall 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 for cause.
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 Nan (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
Page 17 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
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 3o Texas Administrative Code Chapter 25, subchapters A and B,
unless TCEQ agrees in writing to allow one of the regulatory exceptions specified
in 3o Texas Administrative Code Section 25.6.
io. 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 -wise 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
Page 18 of 30
` Co. Name: Local Air Program Co. Number: 582-14-40027
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 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 of 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;
Page 19 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
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.
14.1 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.
15. Contract Interpretation
15.1 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).
15.2 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.
15.3 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.
15.4 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.
15.5 State, Federal Law. This Contract is governed by, and interpreted under the
laws of the State of Texas, as well as applicable federal law.
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Co. Name: Local Air Program Co. Number: 582-14-40027
15.6 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.
15.7 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.
15.8 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.
15.9 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.
15.10 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.
15.11 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.
15.12 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.
15.13 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.
Page 21 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
Fixed Payment Amounts
Cooperative Reimbursement Contract for
State Agencies and Local Governments
(To Be Completed by Performing Party and Approved by TCEQ)
1. Payment. TCEQ will make payment for required Scope of Work based on the following fixed
amounts (or a fixed amount per unit):
Item
Estimated Amount /
Units Quantity Unit
$ $
$ $
$ $
$ $
$ $
$ $
TOTAL $
Total
2. Costs. Performing Party represents that all costs have been loaded into the fixed payment amounts
and that the fixed payment amount(s) shown above are the nearest practicable estimate of its
payment amount(s) to the successful performance of this Contract, including indirect costs,
regardless of whether those costs were anticipated or unanticipated. Performing Party
acknowledges that TCEQ is relying on Performing Party's estimate of its costs and waives any right
it may have to adjust the fixed payment amount(s) shown above if its actual costs are found to be
higher than anticipated. Performing Parry shall provide the basis for the table above upon request,
which shall include cost -estimating data showing how it calculated the fixed payment amounts.
3. Estimated Quantities. The quantities shown above are estimates. Payment will be based on
actual quantities. Actual quantities may vary from estimates provided that the total reimbursed
must be equal to or less than the Maximum Authorized Reimbursement.
4. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to
the TCEQ individual named in Project Representatives and Records Location at monthly intervals.
Final invoices shall be submitted within two (2) calendar months after completing the Scope of
Work activities. TCEQ may extend this deadline by unilateral contract amendment.
5. Grant Chargeback Invoices. In the case of an invoice for grant activities being paid during the
second fiscal year after the year for which the funds were appropriated, ALL INVOICES MUST BE
SUBMITTED IN SUFFICIENT TIME FOR TCEQ REVIEW, NECESSARY CORRECTIONS, TCEQ
APPROVAL, AND SUBSEQUENT PRESENTATION TO THE COMPTROLLER BEFORE THE END
OF THE FISCAL YEAR.
Supporting Records. Performing Party shall submit records and documentation to TCEQ as
appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without
appropriate supporting documentation. TCEQ has the right to request additional documentation.
Performing Party shall maintain records subject to the terms of this Contract.
Page 22 of 30
' Co. Name: local Air Program Co. Number: 582-14-40027
Notices, Project Representatives and Records Location
CONTRACT NO. 582-14-40027 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 TCEQ PROJECT MANAGER
(for Contractual Matters) (for Technical Matters)
Donna Canadv
Contract Manager
Texas Commission on Environmental Quality
P.O. Box 13087
MC-174
Austin, Texas 787r1-3087
Telephone No. (512) 239-5725
Facsimile No. (512) 239-260o
TCEQ REGIONAL REPRESENTATIVE
(for General Air Program Matters)
Elizabeth Smith
Air Compliance Team Leader
Texas Commission on Environmental Quality
2309 Gravel Drive
Fort Worth, Texas 76118-6951
Telephone No. (817) 588-5838
Facsimile No. (817) 588-5702
Annette Maxwell
Local Air Program Liaison
Texas Commission on Environmental Quality
P.O. Box 13087
MC-174
Austin, Texas 78711-3087
Telephone No. (512) 239-0416
Facsimile No. (512) 239-2600
TCEQ REGIONAL REPRESENTATIVE
(for Stage II Matters)
Doug Reske
PST/Stage II Team Work Leader
Texas Commission on Environmental Quality
2309 Gravel Drive
Fort Worth, Texas 76118-6951
Telephone No. (817) 588-5842
Facsimile No. (817) 588-5702
Page 23 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
4. Performing Party Representatives.
For Contractual Matters
T.C. Michael
Environmental Program Manager
TPW/Environmental Management Division
City of Fort Worth
moo Throckmorton Street
Fort Worth, TX 76102
Telephone No. (817) 392-5455
Facsimile No. (817) 392-6359
For Technical Matters
T.C. Michael
Environmental Program Manager
TPW/Environmental Management Division
City of Fort Worth
woo Throckmorton Street
Fort Worth, TX 76102
Telephone No. (817) 392-5455
Facsimile No. (817) 392-6359
5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is
identified below:
❑ TCEQ Project Manager / ❑ TCEQ Disbursements Section / ❑ Other:
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:
oo8 Monroe Street. 7th Floor
Fort Worth, TX 76102
Page 24 of 30
Co. Name: Local Air Program
Attachment A
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:
5. TCEQ CONTRACT NUMBER:
Co. Number: 582-14-40027
4. RECIPIENT ORGANIZATION (NAME AND COMPLETE
ADDRESS, INCLUDING ZIP CODE) :
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.lndirect 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
Page 25 of 30
TCEQ FdrRi N3211P8O i cP(44Y2005) - Page 1 of 6
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
Co. Number: 582-14-40027
EQUIPMENT PURCHASES (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for approval) COST COST
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 6
Page 26 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
ITEMIZATION OF CONSTRUCTION COSTS
CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE COST (THIS PERIOD) TASKS
TOTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 20248) $
"LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
TCEQ Form 20248 Revised (11/2005) - Page 3 of 6
Page 27 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL
PURCHASED (Should match description provided for approval) COST COST
TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 20248) $
OTHER EXPENDITURES (during this report period)
NUMBER DESCRIPTION
PURCHASED
TASKS
UNIT TOTAL TASKS
COST COST
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 6
Page 28 of 30
' Co. Name: Local Air Program Co. Number: 582-14-40027
ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS
PERSONNEL/SALARY EXPENDITURES (during this report period)
EMPLOYEE NAME TITLE/POSITION
TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 20248)
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION REASON
SALARY (THIS
PERIOD
TASKS
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 (11/2005) - Page 5 of 6
Page 29 of 30
Co. Name: Local Air Program Co. Number: 582-14-40027
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 20248) and any required TCEQ Supplemental
20248 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 20248-1 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 20248-1, 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 20248-2 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 20248-2, 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 20248-3 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 20248-3, 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 20248-4 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 20248-4 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 20248-4 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.
Form Instructions - Page 6 of 6
Page 30 of 30
M&C Review
Page 1 of 2
IL
Official site of the City of Fort Worth, Texas
FORTWORTII
COUNCIL ACTION: Approved on 7/23/2013 - Ordinance No. 20827-07-2013
DATE: 7/23/2013 REFERENCE NO.: **C-26355 LOG NAME:
CODE: C TYPE:
20TCEQ COMPLIANCE
GRANT FY14
PUBLIC
CONSENT HEARING: NO
SUBJECT: Authorize Execution of a State Funded Grant Agreement with the Texas Commission on
Environmental Quality for Fiscal Year 2013-2014 Compliance Monitoring for Air Quality,
Adopt Appropriation Ordinance in the Amount of $275,233.00, Authorize In -Kind Match in
the Amount of $135,563.00 and Apply Indirect Costs at Approved Percentage Rate for the
Total Project in the Amount of $410,796.00 (ALL COUNCIL DISTRICTS)
g Fa 'Mal
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a State Funded Grant Agreement with the Texas
Commission on Environmental Quality for the City to provide air pollution control services within the
City of Fort Worth and accept the grant funds in the amount of $410,796.00;
2. Authorize the use of $135,563.00 from the General Fund as an in -kind match for this Agreement;
3. Apply indirect cost at the rate of 21.48 percent in accordance with the terms of the State Funded
Grant Agreement; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of $410,796.00 in Fiscal Year 2013-2014.
DISCUSSION:
Since Fiscal Year 1991-1992, the City has entered into an annual Agreement with the Texas
Commission on Environmental Quality (TCEQ) for the City to provide certain air pollution control
services within Fort Worth. The services provided include complaint investigation, new source review
and comment, annual inspections at select major Volatile Organic Compound (VOC) sources, used
car dealership inspections, and Stage II Vapor Recovery System inspections at area gas stations.
This Agreement period begins September 1, 2013, and ends August 31, 2014, with a limit of
$275,233.00 for reimbursement of expenses to the City of Fort Worth with the option to renew the
Agreement for three additional one year periods upon written consent of the parties by an
amendment to this Agreement. This Agreement requires an additional in -kind match of $135,563.00.
The City must provide matching funds such that the combined federal and state share of the total
funding for the City of Fort Worth Local Air Program shall not exceed 67 percent. A portion of the Air
Quality Section's General Fund Budget for Fiscal Year 2013-2014 will be used for the required in -kind
match.
Upon approval and acceptance of the grant, City funds will be expended before receipt of grant
funds.
This project is located in ALL COUNCIL DISTRICTS.
http://apps.cfwnet.org/council packet/mc_review.asp?ID=18652&councildate=7/23/2013 7/24/2013
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers
1
GR76 488279 000412649000
GR76 451543 020412649000
3) GR76 5
(VARIOUS) 020412649010
1
GR76 517040 020412649020
$135.563.00
$275.233.00
$275.233.00
$135,563.00
Submitted for Citv Manager's Office bv:
Oriainatina Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Michael A. Gange (6569)
ATTACHMENTS
20TCEQ COMPLIANCE GRANT FY14 A013.doc
http://apps.cfwnet.org/council packet/mc_review.asp?ID=18652&councildate=7/23/2013 7/24/2013