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TCEQ FORM :
TCEQ STATE FUI�TDED GRA1�T'T A�REEI�E�iTT
Fiscal Year 2003
CONTRACT �VO. 582-3-5131�
THYS AGREEMENT is entered by and between Texas Commission on Environmantal Quality (hereinafter called
TCBQ).and the City of Fort Worth (hereinafter cxjled P�RFORMTNG 1'ART�). �
TCEQ and PERFORMING PARTY, in consideration of the rnutual covenants S�er�;inafter set farth, agree as
follaws:
ARTICLE 1 WORK
1, l PERFORMING PARTY shall complete all Work relatcd to Wvrk Plan activities as spec�fied in the
Contract Docurt3.ents far those activities identified i�n tha City of Fort Worth, Texas, related po�rkion of
Exhibit A-21 Lacal Air Program Work Plan. �or the term af this Agreement. Work is generally
described in this article.
1.2 By statutory authority, FY 20U2-2043 Appzopriations Bill {17ider 7), as an eligible local air pollution
program, the PERFORMING 1'ARTY will provide air pollution contral activities from the following
rnenu of Agree�nent deliverables:
L2.1 Comprehensive Compliance Investigations (CCI)
1.2.1.1 ANBI: CCI Investigations at Sources vf Interest io the EPA,
1.2. I..2 NMNC; Non-Majar Non-Checklisted Saurce CCI Investigations
1.2.1.3 NIVICL: � Non-Major CheckZisted Source �CI Investigations
l .2,2 Comp�aint Investigations
1.2.2. L COMPLAINT: Complaint Investi�ations �knawn as CMPL in FYO�)
1.2.3 Pre-Construction/Modificatian Permit Investigations
1.2.3.1 PMSI and pOSI: Permit Site Reviews (Stationary and Portable permits respectively)
1.2.3.2 PMPR: Permit Provisions Raviews
1.2.4 New Source Review Permit (NSR) Compliance Investigations
1.2.�4.1 N�R1: �n-Site NS�t Level 1 r�view of all nan-flexib�e pez-nnit NSR authorizations at a site .
1.2.4.2 NSR2: 4n-Site NSR �.evel 2 pertnits review limited to flexible permits.
I.2.4.3 NSR3: On-5ite NSR Level 3, In-Depth Investigation of Precans,truction AuthorizaEion,
Determining VOC emissions from Qrganic Process Leaks (OpLeaks) irom coo�ing
towers or Componeni Leak Detection anci Re�rair programs �
1.2,5 On Site Burn Investigatsons
1.2,5.1 BURN: Iz�vesiigations related to outdaor bur�ting and burning approvals
1.2.5 Enforcement Follow-up Investigations.
1.2.6.1 FIIRR: Enforcement Followup Investigations (known as SITR in FY02)
1.2.6.2 ENF FI: Agreed Order followup In�estigations (known as BDOF if FY02)
1.2.7 Mobile Source Related Investigations
1.2.7.1 BD(}�4: Investigation of ve�icle emissions cantrols at used car lots
1,2,7.2 BD14: k'uel Oxygenate Determination Investigations
1.2.7.3 BD45-RVP: Determinatian af Gasolin� Reid Wapor Pressure Investigations
1.2.8 Upset ar Maintenanc� Event (Emissions Event) Investig�tions
1.2.$.1 UML1: Level I UpsetlMaintenance Investigatian of a Single Event {or related �evants)
requiring immediate on-site respanse.
1.2.8.2 UML2: LeveI 2 UpsetlMaintenance Investigations covering all u/m activity at a site for the
past year.
1.2.8.3 IMAT or IUI'S. Level 3 Upsat/Maintenance Investigation af a Cormplex Single Event (nr
rela�ed events) not requiring immediate on-site response.
1.2.8.4 U�VIL4: �,evel 4 C�pset/Maintenaiice Investigation of a�ion-Cornplex SingTe Eve�t (or related
events) not requiritag immediate an-site response.
1.2.9 Titje V Permit Complsance Certification Investigations
1.2.9,1 SPCC: On-Site Permit Compliance Certiiication Review
1.2.9,2 OPCC: In-Office Permit Compliance Cer�i�cation Revievv
1,2.10 Generic Cornpliance Investigaiion Report Review Investigations
1.2.10.1 INE5, 7NSP, RR07, Ri�63, RRGR: Invastigations related to reviewing repflrts recei�ed
from sources subject to the National Emissions Standards for Hazardous Air Poliutants
(NESHAPs, 40 CFR 61}, the New Source Performanee Standards (NSPS, 40 CFR 60), 30
TAC 117, related to Nit�r4g�n Oxide requirements, the Hazardous �rganie NESHAPS
(ihe HON and MACT standards, 40 CFR 63}, and reports driven by other app�icable
requiretnents, including 30 T�X ABMTN CoDE Chapter 116, Permits (30 TAC Chapter
115), respectively.
1,2.1 I Stack Testing In�estigatians
1.2.11.1 PRES: Pre-kest rneeting investigations
1.2.11:2 OBPTIOBCC; Obsetvation of Performance Test pr CEM Certificatian test, respectively
i.2.11,3- RP�'T: Review�of Stack Test repart - -
1,2.12 Stage II Vapor Recavery Investigations
1.2.I2.1 Stage TI System Test �bserv�ations
1.2,12.2 5tage iI Compliance Evaivation Investigations {CEI)
1.2.i2.3 Stage II Follow-up Tnvestigations
1.2.12.4 Stage IT Record Review Investigations •
1.2.13 Er►forcernent Activities
I.2.13.1 Issuance af Notices of Violation
1.2.13.2 Enforcement Case D�velopment, Issuance of Notice of Enforcement and Enforcement
Referral
1.2.14 4ther Investigation Related Activ�ities . �
1.2,14:1 Investigatian, Quality Revievv Acti�vities , -
1.2.14.2 Invest�gator Professionai Development Prograrza Development and Implementation
1.2.1�.3 Visibility Projeet Support
1.2.14.4 Special Investigation TrainsnglEquipment
I.3 The intended outcome is the PERF'ORMING PARTY's assistance to the TCEQ in the enforcemeni ofthe
C1ean Air Act.
ARTICLE 2. AGREEMEN� T�MES
2.1 This Agree�nent shall have a iertn of 12 manths commencang on 5eptember 1, 2002 and shall terminate
TC�Q SFG Agreement. Cnntract No. 582-3-51315 Page � November 15, 20Q2
on August 31, 2003. However, the A�nual Perfornaa.r�ce Evaluatian requirements identzfied in the Scope
of Work Section and certain regorting requirernents as identifted in this Agreement shall survive the
tennination of this Agreament. The Agrse�nent is renewable for up to two (2) additional orie (1) year
periods upon the mutual Agreement of bath par�ies. Other than fox administrative matters, this
Agreament shall not extend into a fiscal year for which the Texas Legislature has not appropriated
funding necessary to perform this Agreement.
ARTICLE 3. AGREEMENT AlVIOIIN'T
3.1 TCEQ and PERF4RMING 1'ARTY agree that the maximum amount to be paid by TCEQ far completion
af the Work shall not exceed $251,479 as identif ed on Table 1,1in� 6'1 of E�chibit A-21 for the
Perforn�ing Party, unless the parties aznend this amount in acc�rdance wzth the C.ontract Llocunnents.
3.2 T�ie term "Local Air Prograrn" zs defined as the eligible 1oca1 air pallution program conducted hy
PERFORMTNG PARTY under Seckion 3$2.0622, Texas Health and Safety Code. The combi�ed 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% (sixty-seven percent) of the 1'ERFORMING PARTY's
total cost for the program. Th� PERFO�ING PARTY must provide matching funds such that the
combineci federal share, derived from the Section 105 pass-through funding from the TCEQ, and the state
share, dersved from the �urrent A�prapriatinns Act (Rider 7), shail not sxceed 67%, ar the total arr�ount af
this Agreement will be reduced proportionately sa that this condition is met.
ARTICLE 4. PAYIVIENT PROCEDURES
4.1 PERFORMII�IG PARTY shall submit r.equests for Pay�nent in accordance with Article 7 af the General
Ctanditions. � � -
4.2 Quality. All investigations and in�estigatian dacumentation must be prepared in accordance with
ap�licable Field Operations Divisiott Standard Operating 1'rocedures (FODSOP, Exhibit A-27), publislaed
protocols and guidance documents, and Enforcement Division 5tandard Operating Procedures (Enf��P).
Adherence to FODS�P, issued protocols and guidanc�, and Enf�OP are required for the successful
eampletion of any investigation. Investigations not com�leted in accordance with FODSOP, issued
protocols and gnidance dacuments, and EnfSOP may not be reinabursed.
ARTICLE 5. BASES FOR C�iLCULATING PAYMENT
5,1 The 1'ERFaRMING PARTY shall receive the dollar amount as specified and agreed upa�n for all properly
� rendered and reeeived environmental sarvices, investigations and related items �s deseribed in Scope of
Work Section .and detailed within Exhibit A-21: Loca� Air Program Work Plan for the #erm of this
Agreeament. �
5.2 Investigations ofNon-Major Sourcas that are subjectto more than one chapter shall be considered one
investigatiQn for }�ayment purposes.
ARTTiCLE 6. FUNDIN�
5.1 Availa6ality af Funds. The pariies agree that this Agreement and all elaims, suits, or obligations arising
under ar related ta this Agreernent are subject ta and limited to the availabi�ity of �'unds appropriated by
TCEQ SFG Agreement. Contract No. 582-3-51315 Page 3 November 15, 204Z
the T�xas Legislature for the purposes oi this Agreement or for the respective clair►a, suit, or abligation, as
applicable. -
6.2 Source afFunds and Legal Author�aty. Tl�is Agreemenk is funded tlarough the Cunent At�nropriations Act:
TEx. WAT�It CoDE S 5.229: T�. �I�Az.Tx A�t�r�a SA��TY CoDE && 382.111-382.115. Ti�e PERFORMING
PARTY certifies that it has authority to perforrn the services contracted for by authori�y granted in Fort
Worth Citv Code 16. Article IX, Fori Worth Air Pollution Ordinance. This Agreement is subject to: tha
Uniform Grant and Contract Mana�ement Aet (UGCMA�. Texas Governtxient Code. Seetion 783.a01 et
sea., and the Uni:farm Grant Mana�e�nent Standards fIJGMS) for State A�enciea:' 1 Taxas
Administrative Code, Section 5.1A�1 �t seq.
6.3 PERFORMING PARTY a�rees to place this notice in all subgrants and subcontracts.
ARTICLE 7. PERF�RMING PARTY'S REPRESENTATiONS
In arder ta induce '�'CEQ to enter into this Agreemsnt, P�RFORMING PARTY makes the follo,uving
representations:
7.1 PERFORMING 1'ARTY is familiar with and understands all federai, state and �ocal Lavvs and
Regulations that may afFect cost, progress, performance ar furnishing of the V4Tork. .
7.2 PER�'ORMING PARTY is aware of the genera! nature of work to Le perfQrmed by TCEQ and others ihat
relate to the Work as indicated in the Agreement Documents.
7.3 PERFORMING PARTY fias given TCEQ wrikten notice of all conflicts, enors, ambiguities or
discrepancies that PER�ORMING PARTY has discovered in the Agreement Documents and the written
resolutian thereof by TCEQ is acc�ptable ta PERFORMTNG PARTY, and the A�reement Documents are
generally suf£'icient to indicate ana convey understanding of all terms and conditions iar performance and
fiirnishing of the Work. -
7.� PERFORMING PARTY hereby ratifies and attests to all certif catians and delsverables it has provided to
TCBQ during the offer pracess a�d agrees to give prompt written notice to TCEQ if there is any material
change in these certifications or deliverables.
ART�CLE S. AGRE�MENT DOCITMENTS
The Agreeznent Documents which comprise the entire Agreement b�tween TCEQ an.d PERFORMING PARTY
concerning the Work consist of the follow�ng which are attached to and incorporated herein:
8.1 The TCLQ Form: TC�Q State Funded Grant Agreement
8.2 Scope af Work Section of the TCEQ State Funded Grant Agreement.
$.3 The General Condiiians of the TCEQ Stake Fundeci Grant Agreement.
8.4 Otherpoeuments���'C�IIbl.�j+`�� dac.�sm�-�-s ��'ean�l� ���-�eCa��S ��{�`�eM� ��
8.4.1 Exhibits �v1Vir�w+Cn#�.l �°'�etnct��'tG'1�°
Exhibit A-1: Air Program Investigator's Manual dated February 9, 1998.
Available as hard copy only
TC�Q 5F� Agreement. Con�tract No. 582-3-51315 Page 4 No�ember 15, 2042
Exhibit A-2: Open Records Decision No. 391, dated ruly 26, 1983
Available as hard copy only
Exhzbit A-3: Comprehensive Compliance Inspection ProtocoX, rev 2.0
A�vailable on T-net Air Investigators Page at the following location:
http:llhome.tnrcc.state.�.us/internallenforcement/air inspectlindex.hhn
Exhibit A-�: Stage II Vapor Recavety Policy and Procedure Manual, FODS4P Appendix 29
Available as hard copy and individuaS sections on the T-Net under FODSO� at the
following location:
hktp:l/home.tnrcc.state.tx.us/cgi-binlinternal/enForcernentlfadforms�page=FOD�50P
Exhibit A-5: Criteria for Initiation of Forznal �nfarcement Aetion for Air, Water, and Wasfe
Violatians, Enforcernan.t Initiatian Criteria, FODSOP Appendix 3, rev 8.0
Available electranically at:
http://home.tnrcc,state.t�c.us/intemallenforeemenY/fodforms/fod_sop/appfo_03, wpd
Exhibit A-6: Vapor Recor�ery Test Praeedures Handbook, RG-399, rev November �2�102
Available as hard copy on]y
Exhibit A-7: Guidance Manual far Fie�d Operations Di�isian Investigation of Coinplaints,
Complaints Manual rev 1,0, 8/7/00, �'ODSOP Appendix 9.
Available as hard copy and as eleetronic copy on the T-Net at:
http:llhome.tnrcc.state.tx.us/cgi-hinlinternal/enforcement/fodforms?page=FOD_SOP
��chibit A-8: Enforcement Standard Operating Pracedures, Enfarcement SOP, rev. October 8,2Q02
Available as -hard copy.and as electronic copy on the T-Net at: �
�http:llhome.tnrcc.state.tx,uslcgi-binlinternal/enforceinent/fistnfapp.pf � �
Exhibit A-9: �ield Operations Di�ision Standard Operating procedures (FODSOP), rev OctoUer
15, 2002.
Available as hard copy and as slectronie capy on the T-Nat at:
http://iiome.tnrcc.state.tx.usfcgi-6in/internal/enforcementlfodforrns?page—FOD�,SOP
Exhibit A-I0: Upset/Maintenance Investigation Protocol, rev October 18, 2002.
Available as hard capy on3y
�Exhibit A-11: Reserved.
Exhibit A-12: . Enforcement Action Referra� Jnstructions, rev �etober 8,2002, En#'Sop Appendix 3b.
� Available as. h.ard copy and electronically from the T-Net location:
http:lliiame.tnrcc.state.tx.us/cgi-binlinternallenforcerr►ent/listofapp.pl?sort=title&docurnent_tit
le=ear
�xhihit A-13: Reserved.
Exhibit A-14: 34 TAC, Chapter 122, Investigation Protocol, rev 7/1 S/00
Available as �ard capy ar eiectranically frorn the T Net location:
http;Ilhome.tnrcc.state.bc.uslintemallenforcement/air inspecUindex.htm
TCEQ S�'G Agreement. Contract No. 5$2-3-51315 Psge � November 15, 2002
Exhibit A-15: 30 TAC, Chapter 116, Investigation Pratocal, rev 7/IS/Of)
Available as hard copy or electronically from the T-Net location:
http:/fhome.tnrca, state,t�c.uslintemaUenfarcemendair_inspecdin8ex.htm
Exhibit A-16; Investigatar Prafessional Program Develapment Documents for Air and Waste, r�ev
7/18/D2
Available electranically only from the T-Net location:
� http;/lhome.tnrec.state.�.us/internallenforc�mentlpdplpdp.shtml
Exhibit A-17: Ox�genate and Reid Vapar Pressure Test Methads
Reid Vapor Pressure:ASTM Method DS 191-01 Standard Test Method for V'apor Pressure of
Petroleu�n Praducts (Mi�i Method). Availa�xle from the ASTM organization at the following
Web address:
http://www.astrn.or�/cgi-bin/SottCart.exeJDATABASE.CART/PAGES/DS 191.htm7L+mystor
e+sogv$589-�1035457827
Fuel Oxygenate: ASTM Method D5845-01 �tandard Test Method for Determination ofMTBE,
ETBE, TAME, DIPE, Methanol, Ethano3 and tert-Butanol in Gasoline by Tnfrared Spectroscopy.
Available from ASTM at the following Web Address:
http:/lwww.astm.or�/cgi-bin/SoflCart.exe/DATABASE.CART/PAGES/D5845.htm?L+mystar
e+sogv8589+1035Q5466$
Exhibit A-18: Reserved
Exhibit A-19: Data Management Procedures for the �1 Paso Visibility Program, rev 1.0
Available as hard copy only.
Exhibit A-20: Exceptio�s Repart Guidance, rev 1.0 �
Avaiiable as hard copy and electronically frozn the T-Net Iocation:
http:llhame.tnrcastate.tx.us/internailenfiorcemendair inspect/index.htm
Exhibif A-2l : Loca1 Air Program Work Plan for Fiscal Year 2003
Available elect�anically only as quattro pro spreadsheet flename: "Consolidated
�'Y03 LP RAT.wb3" on the T-Net at
http:llhome.tnrcastate.tx.us/internallenforcetnendair inspecUindex.htm
Exhibit A-22: Work Plan Pricing Matrix for Fiscal Year 20�3
Available electronically as the "Pricing Matrix°' tab of Exhibit A-21
Exhibit A-23: CCEDs User Manual (availahle only via the CCEDS applieation)
Telephone Support at 512 23_9-6231
E�ibit A-24: OpLeaks Program Investigations Pratocol, reu 1.4
Available as hard copy and electronicalIy frRm the T-Net Location:
http;l/home.tnrcc.state.tx.uslinternallenfareemendair inspectlindex.ht�n
Exhibit A-25: 30 TAC, Chapter 111, Investigation Protocol, rev 1.0
Available as hard copy and electronically from the T-Net Location:
htkp:/lhome.En�cc.srate.tx.uslinternal/enforcement/air insQect/bd0l.wpd
Exhik�it A-26: TCEQ Coznpliance 11+�onitoring Strategy
Availahle as hard copy and electronically frorn the T-net Loeatian:
TCEQ 5FG A�greement. Contract No. 582-3-51315 I�age d November 15, 2UO2
http;/lhome.tnrcc.state.t�t.uslcgi-binlintarnallenforeamendfodforms7page=FDD_SOP
s.a.z Fox�zs
Form B-i :
Form B-2:
Form B-3:
Farrn B-�t:
Farm �B-S:
HUB/MWBE 1'rogress Ass�ssment Report
TCEQ STATE PURCHASE VOUCHER
TCEQ Invoice
Financial Status Report
Fiscal Anaiysis Package
8.5 Th� following which may be delivered ar issued after the Effcetive Date of t}ae Agreen:zent and aze not
attached hereta: Work Plan Amendments, all Written Arr�en.dmenis, and other documents amending,
modifying or supplennenting the Agreement Docurnents pursuant to the General Conditions.
8.6 There are no Agreement Dacuments other than those listed above in this Article. T�e Agreement
Docurnents may be amended, modified or supplemented anly as prvvided in this Agreement.
ARTICLE 9. MISCELLAN�OUS
9.1 Terms used in this Agreett�ent whic� are defined in Articie 1 of the Ganeral Conditions wi�l have the
meanings indicated �n the General Conditions.
9.2 Notwithstanding any pravisions relating to assignment in the Uniform CoFximercial Code, no delegation
by a party hereto of any duties or obli�ations nar assignment by a party hereto of any righks under or
interests in the Agreement Documents will be binding on another party hereto without the written consent
af the pat4y sought ta be bnund; and, spec�fically but without limitation, mos�ies that may become due and
monies that are due tx�ay not be assigned without such consent (except to an extent that the effec# of this
reatriction may be� limited by law}, and unless specificaliy stated to the contrary in any written consent to
an assignment, no assignment will releas� or discharge the assignor from ariy duty or respansibil�ty under
the Agreement Documents. �
9.3 TCEQ and PERFORMING PARTY each binds iiself, its partners, successors, assigns and representatives
to the other party hereto, its partners, successors, assigns and representafives in respect to a11 covenants,
Agreements and ohligations contained in the Agreement Documents. This Agreetxient is �tot transferable
or otherwise assignable hy the PERFORMING PARTY without the written consent of the TCEQ and any
attempted transfer without such consent is void.
9.�4 The pa�ties hereby agree that this Agreement does not waive the State's sovereign smmunity relating to
suit, liability, and the paytnent of damages.
9.5 Any provision of the Agreement Documents heId to be void or unenforceabie under any Laws or
Reguiations shajl be deemed stricken, and all remaining prnvisions sha1L continue to be valid ar�d binding
upon TCEQ and PERFORMING PARTY, who agree that A.greement Documents shal� be reformed to
replace such siricken pravision or part thereof with a valid and enforceatile provision tS�at comes as ciose
as possihle to expressing the intention of the strick�n provision.
9.6 The PERFORMING PAR'I'X acknavt+ledges and agrees that because this Agreement has been executed,
and will be administered in Tra�is County, the Agreement is to be performed in said County. The
PERFORMING PART`Y acicnawledges and agrees ti�at any pennissible cause of action involving this
Agreernent wi11 arise saleiy in Travis County. Tf a legal actian related to this claun is permissible and
there are fwo (2) or more cauntics of proper venue under the n,rles of mandatory, general, or permissive
venue, and one such counCy is Travis County, the PERFORMING PAR1'Y hereby a�rees to venue in
Travis County. This provision does not waiv� TCEQ's sovereign immunity.
T'CEQ 5FG Agreement. Contract lYa. 582-3-51315 Page '� No�em6er 15, Z002
9.7 Any notice issued pursuant to these Agre�ent Documents s�all be addressed ta the respective party at
the addresses set out below, ar at such other address as they have theretofore specified by written notice.
Such notices shall be sent by certified mail, return receipt requested, or by nationa3ly recog�ized eourier,
and eviden,ced by the canfirmation of delivery rendered by the caurier service, ar shall be delivered in
�and and a receipt provided therefor. Minar r�aodiiications to the woxkplan and notice of updating or
clarifying any of the Exhibits shall be camrr�unica�ed in writing sent by email, Uf.S. Postal Service via first
class m,ail or hand delivered. Any notice or other written cornmunication shall be considered delivered
upon receipt, ar in the case of communications sen� by first class rnail, five days frorn the date af the
communication. � �
TCEQ 5FG Agreement, Contract l�'o. 5$2-3-51.315 Page $ November 15, 2002
9.$ A.DDRES3ES FDR NOTICE:
TCEQ Local Program Cantract Manager:
Printed narne: Trar,�� �''allQny f� 1'1Q
�'ield Operations Di.vision
Texas Comrnission on Environmental Quality
P. O. Box 13Q87, Capital Station
Austin. Texas 78711-3087
(Address)
TCEQ Froject Field Representative:
I'rinted Name: Eran� ir�
Title: E�gin 1�irQrtnr
Texas Cammission on Environmental Quality
23Q1 Gravel Dr.
Fort Worth, TX 761 I8-b951
Emazl: fespino aQiceq.state.tx.us
Phone: 817/588-SSOD
Fax (Administration,): 817/588-57Q4
CONTINUET� �N NEXT PAGE
PERFORMING PARTY REFRESENTATIVE:
Printed Name: �*��n R�P,�,Pr
TitlO: 1�srr.tnrnfRmvjrnnrn .�tal M nagQmant
(T.C. Michaels, Pro,}ect maz�ager )
(PERFO�MING PARTY Representative)
Au Quality Program
Dept. of Environmental Management
SQQO MLK Freeway
Fort Worth, Tx 761 I9
(Address)
TCEQ 5�'G Agreement. Contraet lYa. 552-3-51315 Page 9 Navember 15, 2002
IN WITNESS WHEREOF, TCEQ and PERFORMING PARTY have executed this Agreement in multiple copies,
each af which is an original. . .
This Ag7reement wzll be effective on September 1, 2002, which is �he Effective Date of the Agreement.
Texas Commission on Environrnenta'1 Quality PERFORMING PARTY .
By- : . � : �
Szgnature: By - • �
Signature; ; j , �
Printed Name: �1e�� W. ��nk1e � ,
Printed Name:Li}�y wat�n�,
Title: Deputy Executive Director , ,
Title: °Pr
Date: � *�g *�'� .-
Date: y _ �• •
APPROVED AS TU FORM:
By � r ���
signature: ,
'�yriSh�
Printed Name:� R 7 .nnp�
Tltle:�5. � nrnPyr
Date: � ' a �' � .
ATTEST: �
r
BY � .. - -
Signature: . a,�� �1 �Jr .•_ _ -
Printed Name:r��r;� p�fa��
Titie: Cif�eCze.�a�
Date:
. C� ����� �. .
Con� � R,u�ho�i���,foia---
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TCEQ SFG Agreement. Contract Na. 58Z-3-51315 �age 10
November 15, 20D2
SCOPE UF WORI� SECTIO�T
The PERFORMING PARTY s�Zali perf'orna the foilawing tasks by the deadlines indicated in this Scope of Wark
Sectiqr� af this Agreement. �nly work related to tasks listed in Earhibit A-21 for t�vhich the fivading lavel i� listed
as greater than zero are subject to the requir�ments of the Scope of Work Seckion o#' this Agreement.
1. Grants �
The PERFORMING PARTY shall complete all the Work described in thzs Scope of Work and fully comply with
alj requ�rements af the current Appropriations Act (Rider 7) from which it receives funds during the term of this
Agreement,
2. Administxative Re�ulatio�s
2.I Conformance with LTniform Grant Man.agecnertt Standards. The PERFORMIl�IG PARTY' shall provide
ad�quate recordkeeping and reparting to ensure canformance to ih� finaneial, property, and procurement
regula�ions. Guidelines or criteria for accamniishEnent: Unifarnn Grant ManagemQnt �tandaards.
2.2 Changes to Exhibits. Tha TC�Q may update any or all af tk�e exhibits xeferred to in this Agreerr�ent. The
TCEQ shall promp#1� notify the PERFORMING PAR'�'Y in writing of any update to any exhibit, and will
attaeh a copy of the updated exhibit, except for guidance manuals available only electronically. The
1'�RFORMING PARTY shall implenae�t updated editions of any such exhibits within the timeframes
speGified within each af the Exhibits or within the cammunication cieseribing the Exhibit change or within
thirty days of receipt, whichever comes first. If the PER�'ORMING PARTY does not agree to cozn.ply
with updated editinns of these dacuments, the pERFORMING PARTY s�ail have the option of riirning
down particular tasks as task is defined hy this Scope of Wark which require use af t�es� documents. I;f
the PER�'ORMING PARTY turns down all or part of a task, it will not reeeive �ny payment for that task.
2.3 Fiscal Analysis af Fixed Payment. Within 30 days of receipt af the Agreement Documents ftom the
TCEQ, the PERFORMING 1'ARTY shall submit to the TCEQ its current Fiscal Anaiysis �ackage {�orm
B-S). Tha analysis shall include the %�lowing:
2.3.1 An analysis af funding expenditures shall be submitted on Farm B-5, thrvugh eomplation of
the Table af Estiznated �'unding, the Sudget Informatian Work Sheet: Sections A-E, and the
Skaffing List Information Work Sheet.
2.3.2 The PERFORMING PARTY must demonstrate havt+� it will provide matching funds for its
share oi the State Compliance Agreement fiinds as required by Article 3, Agreement Amount,
paragraph 3.1 of this Agreeznent.
2.4 Rec�uests for Payrn�nt. On a quarterly basis from the beginning af the Agreement Term, th�
PERFORMING PARTI' shall su6nait requests far payri�ent to the TCEQ Local Program Cc�ntract .
Managez' with a capy to the Local Program Fieid Project Representative in accnrdance with Article 7,
Payments to Performing Party of the General Condikions af this TCEQ State Funded Grant Agreem�nt,
2.5 Purchase of Property Items. �rior ta purclaase, the PERFORMING PARTY shall submit notification and
a justs�cation to the TCEQ for approval ta purchase property items with a unit acquisitian cost o�$1,Q00
ox more.
2,6 Financial Stat�s Repart. Within 90 days oi �xecution of this Agre�ment, the PERFORMING PARTY
shall sub�nit a final Financial Status Report (FSR) {�'orzn B-3) far this Agreement. With the fna� FSR,
TCEQ SFG Agreement. Contract Na. 58a-3-51315 Page 11 November 15, 200Z
the PERFORMING PA�TY shall submit a list of property purchased u+holly or partia�ly with funds from
this Agreement and having a unit acquisition cost oi $1,Q00 or more. The FSR shall satisfy state �nancial
reporting requirements for this Agreerner�t. The requiremet�ts of this section shall survive the termination
of this Agreement.
2.7 Within 90 days of execution of this Agreement, a copy of the annual independent financial audzt required
by the Uniform Grant Management Standards shall be provided by the PERFQRMING PARTY to the
TCEQ Contcact Manager. - - .
2.8 Tk�e PERFORMING PARTY shail implement and maintain internal quality contral pmeedures to ensure
completeness and aceuracy of a!1 Agreement deliverables.
3. Per�'orrr�ance Evaluatians of PER�ORMING PARTY
Consistent with Article 11 of the General Provisions of this Agreement (related to Stan.dards for Perfarming
YARTY'S PERFORMANCE) the TCBQ will make evaivations of PERFORMIIVG �ARTY'S work from
time to time.
3.I Ongoing work product evaluations. The T��Q wil! maice evaluations af pERFORMING PARTY'S
work in an ongoing manner throughout the Agreement term. Evaluations will b� conduct�d of
PERFORMING PARTY'S work product utilizing standardized procedures and wil3 typically be
conducted by one or more parso� designated with that task by the TCEQ project fieId representative. At
10ast two of the geriodic evalt�ations sha11 be conducted in conjunctian with joint or fallow-up
TCEQ/PERFORMING PARTY investigatians condL�cted under thjs Agreement. Follaw -up
investigations are those in�estigatians conducted by the TCEQ at a site recently receiving an investigation
by PERl QRMING PARTY siaff. The TC�Q will provicie written assessmez�ts of each work product
revie�ved. Evaluation �ndings summaries will be pxovided ir� writing monk�ly to the PERFORMING
PARTY'S representative respansible for the day to day impleznentation of the program..
3.2 Periodic program evaluation meetings. Program evaluation meetings will be held ak least quarterly during
the eourse of this Agreement kez�n. The meetings wil! include at least the TCEQ Project Field
Representative or his designee, the TCEQ Air and Waste Section Man.agars and the PERF�RMING
PARTY'S representative responsible for day to day program ovcrsight. Standing topics for each m.eeting
may include at least the following: updates an pragress made on the work plan, updates on program
itnplerrientation issues, work plan development for future years, progress made in the d�velopment and
implementation of the Investigator Professianal Development Program, and discussions related fo the
angoing work prodact evaivations by the TGEQ. If any TCEQ wark produet evaluations conducted since
the previous quarterly mee.t�ng resulted in an unsatisfactory perfor�ttance rating, th� discussions will
include measures that have be�n ta�Cen and ka be undertaken by the AERFORMTNG PARTY ta correck the
specific problem{s} identified. If any TCEQ r�voric product evaluations resuit in a finding of exerr�plary
periarmance, the TCEQ vt+ill discuss thqse with the PER�OF�MYNG PARTY. The TCEQ �'ield
R�presentatir�e c�esignate will document tt�e meetings and wil] pravide rneeting rninutes to the
PERFORMING PARTY'S representativs within three calendar weeks of the meeting.
3.3 Unsatisfactary Performance. Any evajuation resulting in a�inding af unsatisfactory performance wi11
require that the PERFORMING FARTY explain why such a fizading is incarrect c�r to carrect the errors
identi�ed and evaluate the errors to determine if the errors are indicative af deficiencies in the pragram.
If after discussions with tha PER�F'ORMING PARTY during the quarterly program evaluation mee�ing,
the TCEQ Project Field Representative determines that a pragram structural ar procedural prahlem is
likely at the root of several individual work product unsatisfactory performance evaluations, then ihe
TCEQ Project Field Representative will document this issue and notiCy the PERFORMING PARTY in
writing of the suspected progrxm deficiency. The PERFORMING PARTY will provide a written
assessment of the situatian to the TCEQ within 30 days o�receiving the TCEQ notification. Th�
TCEQ SFG Agreement. Contract No. S$2-3-513]5 Pag� 1� iVuwemher 15, 20D2
Perfarming Party will provide either an e�planatian af why no program de�ciency s1�ould be found or a
carrective aetion plan where ane is warranted, Any c4rrective ackion plan shall include a statement of
th� prob�em being ac�dressed by th� carrective action plan, the identification of m�as�res iri�plemented to
eorrect the specific problems identiiied, progra�n stxuctural or procedural measures that have been or wiSl
be taken to preclude sirr�ilar prablems from recuning, a kimeline for implementation of such measures,
and milestones and measures ta be used to deznonstrate improvetriez�t. The plan does not r�;quire approval
by the TCEQ and should be implemented immediately by the PERFORMING PARTY.
3.4 Cort'ectian to unsatisfactory perfcirmance. The effcacy of any plans submitted under paragraph 3.3 of
this section vvill be assessed through subsequent periodic work product evaluations and dernanstrations
made by tIae PERFORMI�G PARTY cancerning progz�ess made to cozxect the underlying cause of tl�e
unsatisfactory perforrzaance. Demonstratians concerning carrective action plans shall be provided to the
TCEQ by the PE�'ORMING PARTY during t%e pe�i�dic program avaluatian meetings unless tile TCEQ
specifically agrees to an alternati�e schedule or venue o�' demonstrations.
3.S Sanctians for excessiv� unsatisfactory performance. The TCEQ may avail itself of any rernedies
identified in Articl� 11 of the General Conditions of this Agreement after tha TCEQ makes a written
finding to the PERFORMING P.ARTY of excessive unsatisfactozy �erfortnance,
3.6 Performance Evaluation adtlressing performance for work conducted in Fiscal Yea� 2Q02.
3.6.1 If the TCEQ identi�es defieiencies in the air program compliance and enfarcement activities
upon its Fiscal Year 2Q02 Annual Perfo�nance Evaluation required by previaus Ag;reement, the
PERFORMiNG PARTY shall, within 90 days after receipt of TCEQ camments or as
recammended by the TC�Q, correct any similar deficiencies in the wor�C performed under this
Agre�menk and report to ihe TCEQ any defici�ncies that cannot be co�-rected r�vithin the allocated
time-frame. If the deficiencies are not correcte� ko the satisfackion of the TCEQ, in addition to
other rights the.TCEQ may have against the PERFORMING FARTY,, it may resuit in. the TCEQ
� withholding payment to the pERFORMING PARTY for future air-pragram coznpliance and
en%rcement activities ancUvr in the PERFORMING PARTY becoming inelagible for future
funding.
3.7 Annual Fefformance Evaluation addressing work conducted in Fiscal Year 2003.
3.7.1 By 09/01103, the TCEQ �vi11 provide an Annual Performance Evaivation Questionnaire to he
completed by the PERF'ORMING 1'ARTY, The response ta the Questionnaire will be used as the
basis for the on-site evaluation of air program compliance and enforeement activities that had
occurred in �scal year 2Q03 (091D1/02 thraugh 8131103).
3.7.2 By 09l15/03, the TCEQ wili provide a scheduje fpr the Annual YerFoa-mance Evaluation.
3.7.3 By the later of 10/01/03, or within 30 days of receipt, the PERFORMING PARTY shall provide a
written response to the Anraual Performance Evaluation Questionnaire to the TCEQ.
3.7.4 B�+ 12101/03, the TCEQ r�vi11 complete the on-site evaluation ofthe air prograzn compliance and
enforce�nent activities: The on-site re�iew will include discus�sion of preliminary findings and
recommendations. � � �
3.7.5 Within 45 days of coznpletir�g the on-site Annual Performance Evaluation the TCEQ wi�l provide
a written repor� containing the findings af the on-site Annual Performance Evaluation to the
PERFORNIING PARTY.
3.7.6 Within 45 days of receipt of the Annual Performance Evaluation Report covering performanee of
PERFORMING PARTY against the Fiscal Year 2003 Agreeme�t, the PERFORMING PARTY
shall provide informatzon to the TCEQ in writing conceming actian(s) tk�at will be ta%en or have
been taken to correct any deficiencies noted in the A.nnua� Per�'armance Evaluatian report. This
respo�se will anclude a schedule to bring any de�ciencies in the au' prflgram activities up to
TCEQ standards and will identify resources to accomplish uecessary corrections.
3.7.7 Wikhin 9d days after receipt of tbe Annual Performance Evaluation repart pra�ided by t�e TCEQ,
TCEQ SFG Agreement. Contract No. 582-3-51315 Page 13 November 15, 2002
the PERF�RMING PARTY shall correct de�iciencies and report to the TCEQ any deficiancies
that cannot be corrected within the allocated tzme-frame. �f the deficiencies are not corrected to
the satisfaction of the TCEQ, in addition ta other rigbts the TCEQ may have against the
PERFORMING PARTY, it may result in the TCEQ withholdizag payrnent to the PERFORMING
PARTY far future air program activiti�s andlor in the PERFORMING PARTY becoming
ineligiblE for future funding. �
4. General Requirements A�plicable to All Affected Work Activxt�es. _ :
The following requirements apply to each wark plan task-(activity) that is listed �n paragraphs 5 through �22 of
Scope af Wark� Section.
�.1 Payment. The PERFORMING �A1tTY shall receive the dailar amount specified and agreed upoz� in this
Agreement for eacb completed workpian task Iisted in paragraphs S khraugh 22 of this par� of this
Agreement.
4.2 Itesponsibilaty af PERFORMING PARTY: A camplete wprk task under this Agreement shall include all
of tne general requirernents applicabl� to all affected wark tasks types as listed in this paragraph 4 and all
the requirements specific for each work task iype Iisted paragraphs S through 22 of this part: In order to
receive tlae aampensation set out in Article 5 af this Agreetnent, incorporated harein as the "Bases Far
Calculating Payment," the PERF��tMING PARTY must fu1fi11 all of the follovving subsections,
including investigation and enforcement or task hand�ing, direet data entry, and training for each of'the
re�evant work types �isted in paragraphs 5 t�rQugh 22 of Staternent of Services of this A.greement:
4.2,1 Program: PERFORMI�TG PARTY shall im�lement and conduct a program for eacn task iype
identif ed in relevant paragrapk�s of �art A, paragraphs 5 through 22 of the Scope af Work
Sectianof this Agreemcnt and conduct the relevant activities related to those paragraphs. In the
process of conducting .wark undex this Agreement, the PER�'ORMING �'ARTY slaail -compiy
with the requirements of the mast recent applicable version of the following exhibits:
�xhibit A-1:
ExhibSt A-2:
Ex�iibit A-5:
Exhihit A-8
Exhibit A-9:
Exhibit A�12
Exhibit A-1 �:
Exhibit A-20:
Exhibit A-21:
Exhibit A-22:
Exhibit A-23:
Exhibit A-26:
Air Program investigator's Manual dated Febcuary 9, 1998.
Open Records Decisian No. 391, dated July 26, 1983
Criteria for initiation of Farmal Enforcement Action for Air, Waier, and
Waste Violations, Enfareement It�itiation Criteria, FODSOP Appendix 3, rev
8.0
En%rcement Standard Qp�rating Procedures, En Forcement SOP, rev.
October 8,2002
Field Operations Divisian Startdard Operafing Procedures (FODSOP), rev
October 15, 2002.
Enfarcement Action Referrai Instructions, rev Oclober 8,2002, EnfSop
Appendix 3b.
Investigator Prafessiona3 Program Development Docum�nts for Air and
Waste, rev 7/18/02 • �
Exeeptio�s Report Guidan�e, rev 1. fi
Lacal Air Program Work Plan for Fiscal Year 2Q03
Work Plan Pricing Matrix far Fiscal Year 2003
CCEDs User Manuak (available only via the CCEDS application)
TCEQ Compl�ance Monitoring Strategy
�4.2.2 Conduet specified number and type oi' woxk plan activities eonsistent rvith the Compliance
Monitoring Strategy (Exhihit A�26} for the TCEQ. The pERFQRMING P.ARTY shall plan for
and conduct the number and type af wark plan activities as ideniifi�d in Exhibit A-21 for the
respective local pmgram. The pariies ta this Agree�n�nt may provide for fewer investigations or
TCEQ 5�`G Agreement. Contrack No. 582-3-51315 Page �4 lYovember IS, 2D02
activ�ties, or a smaller percentage of in�estigatxans or activities, or investigations o� acti�ities of
different types by rz�aking a Minor Change or �ritten Axnendment, as appropriate, to the work
plan. When developing the work plan (�xhibit A-21) the PERFORMTNG PARTY shall select
the number and type of investigations consistent vvith the Compliance Monitori�zg Strategy of the
TCEQ eFfecting m�imuzx� benefit for air pollntion control consistent witJa TCEQ ohjectives.
Planned investigations conducted at the same site in successive fiscal years may only be
scheduled far such rep�at planned inaest�gatiatas where th� Cotn.pliance Monitaring Strategy
requires such or after prior approval by the-TCEQ.
4.2.3 Maintain Lists of �ources. The Performing party shall develap and rnaintain a census of sources
subject to recurring planned investigations resulting from applying the Compliance Monitoring
Strategy for the Air a.t�d Waste Progzams. For air pollution control subject sources, the census
shall include thase sourees wlaich aneet ths de�nition of `Sources of Interest #o th� EPA' as
defined in the General Conditions nf this Agreement as well as those sources subject tfl a 100%
insp�ctian commitment annually, such as sources subject io Reid Vapor Pressure or Oxygenate
sampling requirements. For sources subject to Stage II, the census shajl include those sources
subject to that program. TY�e census a�f sources s�ialj be utilized when developing and
implementing workplans, and t�erefore should be maintained as the fiscal year �rogresses, but
must be as accurate as possible prior to workplan development in any given �scal year.
4.2.4 Tnvestigation findings or activity results: The PERFORMING PARTY shall submit a summary
of its investigation and complianae tasks (investigaiions report and enforcement c�ocuments,
respectively) or activity progress reports to the appropriate TCEQ regrozaal offce. The
PERFORN�ING PARTX shall make available to the TC�Q, upon request, infarmation regarding
all investigations conductefl by the PER�'ORMING PARTY that are required by the Agreernent,
4.2.5 Enforcement: . �
4.2.5.1 The PERFORMING 1'ARTY shall issue notices of violatiorts and initiate appropriate
enforcement actions on ali violations detected during any workplan re�ated investigation far
which the perfarming party is responsible, even wlaen violations are discpvered at the site that
may be unrelated to the primary purpose of the investigation being eonducteci.
4.2.5.2 The PERFORMING PARTY shall refer cases reqUiring consideratian for enforcement action
to fhe TCEQ within SQ days from the last day of fk�e investigatican in which the vioIation was
detected unless an otherwise speci�cally identi�ed deadline is established in the exhibits or
Agreement documents for t�e enforcement action and related investigation type.
4.2.5.3 In cases whic� present or rriay present an imminent and st�bstantial danger ta the enviXonment
or to the healih or welfare of persons, the PERFORMING PARiY may seek enforce�nent
through municipal agencies or take enforcement action when referral to the TCEQ will resulk
in u�aacceptab]e delay. In.the event that the PERFORMING PARTY decides ta enforce using
this subsection, oral notice musk be given immediate�y to ihe TCEQ r�gional office with
written notice fallowing within five working days of any oral notification.
4.2.6 Exhibits Updates: TCEQ rnay up�ate any and all of the Exhibits re�'erenced in Article 8 of the
Agreemeni, as described in paragraph 2.2 of this Sectior�. Exhibits will normally be rr�ade
available to t�e PERFORMING PART'Y in aceordance witk� paragraph 2.2 of this section and via
the TCEQ intranet (the "T-Net"},
4.2.7 Database [Isage. Unless att�erwise specifically directed, all investigatinn and enforcement tasks
perfaz7med under this Agreernent sha11 be doeumented in the Compre�ensive Compliance and
Enforcement Datahase (CC�DS} in a manner consistent with the Agreement Documents zelated
TCEQ SFG Agreement. Contract No. 582-3-51315 Pa�e 15 November 15, 2D�2
to investigations, enf�rcement, CCEDS, F4DSOP, and the Enfarcement SOP. in addition, all
incidents reported to tha PERFORMING PARTY shall be documented iri CCED5 in f.he manner
required by the investigation protocols xelated to the incident type and by the CCEDS manual.
Data entry of all required enforcement and investigation data in.to CCEDS shail he an ongoing
requirement through out the term of this Agreemeni.
4.2.7.1 Mutual Obligations af Parties related to CCEDS: The TCEQ sl�all provide phane support
(512-239-6231), as outlined in the CCEDs User Manual during narmal bu�iness �taurs to
guide�PERFORMI�VG 1'ARTY'S technical persoz�nei in trouble-shooting network and �
application issues. The TCEQ shall pro�ide the appropriat� level of teehnical support,
including but not limited to, on-site suppart to faeilitate the tirnely correction af techzaical
problerr�s, ta faeilitate the PERFORMING PARTY Sn the eornpletion of data entry and
reporting o�ligations. The PERF'ORMING PARTY skall provide natice ta the TCEQ
technicaS staff' �bschiffe@inrcc.state.tx.us) of any and all material �nodifications to hardware,
software, or server configuration priar to imple�nentatian.
4.2.7.2 Info�znation Resources. The PERFORMING PARTY sha11 main.tain the necessary personnel,
Information Resaurces hardware (inc�ading telecommunications access and computers),
software, and sotivc+are license compatibility with the TCEQ, incluciing software related to
network operation, email, T-Net access, word processing, spreadsheet, and database for
persanal computers.
4.2,7.3 Quality and Timeiiness: The quality and/4r timeliness of the data and data submittal report
will be a factor in the PERFORMIIVG PARTY'S performan�ce evaluations. Any deficiency
related to the quality and/ar timeliness of the data and data subrsxittal report will be
documented and reported by the TCEQ tv the PERFORMING PARTY. Ti�e data entry
and/or submissinn of reports dela�ed by the PERFORMING PARTY due to the
unat+ailability of TCEQ data entry systems when the unavailability is due to the TCEQ
s�rstetns sha11 not be de�med untimely andlor deficieni.
4.2.7.4 Database Training The PERFORMING 1'ARTY shall attend TCEQ-sponsored database
applicatian training on an as scbeduled basis. It shall be the responsibility of the
PERFORMING PARTY to ensure that its staff is adequately trarned and qualified in order to
perform designated tasks.
4.2.8 Manthly Progress Report. The P�RFORMING I'ARTY shall pravide the appropriate TCEQ
Lacal Pmgram Regional Liaison �with a report on its accomplishment of each of the tasks
included in the Staiement of Services Section of this Agreement that is included in Exhibit A-21,
the workplan for the PER�'DRIVIING PARTY, The PERFORMINC�i PARTY shall prc�vide this
repori within 5 work days after the end of each calendar month of the state fiscal year fnr which
this Agreemenk is in effect. T�ie report cz�ust contain at least the %1lowing elem�ents:
4.2.8.1 A sumznary repart of progress against the Work plan specifying the number and type of wark �
plan activities perfarmed �'or the manth, the number and type of acti�ities approvefl for the
month, and a year-to-date listing of progress for each work plan type listed in the Scope of
Work Sectian ofthis Agreement showing both activities performed and activities completed
and appraved.
4.2. S.Z A listing of any work plan revisions detailing clnanges that �ave been made in the wark plan
for the month and indicating the approvai date and approving parties of each change.
A�.2.8.3 A listing by type of enforcement initiated {Verba� Notice, N�V, NOE) during the month. �or
TCEQ SFG Agreement. Contract No. 582-3-51315 P�ge 16 Novemluer 15, 204�
each activity initiated, indicate th�e type of enforcement activity initiated, the ru�es violated,
and the resolution of each en.farcernent action initiated. Include in the listing any r�q�ests
(and respon�e to each :requesi) to either initiate enforce�nent or forgo enforcement allowed
undex the enfnrcen:�ent exceptian request process as Iisted in Exhibit A-5: CriYeria for
Initiation of Formal Enforcemeni Action: far Air, Water, and Waste Violatinns, Enfoxcement
Initiation Criteria, FODSOP Appendix 3.
4.2.8.4 A listing of each work plan task for which the data entry was done mare than 30 days after
the required cleadline and an explanation of why that delay occurred, and r�vlaat has been �
irnplemented to nninimize recurrence of similar delays.
4.2.$.5 The qual�ty and/or timeliness of the data and data submittal report will be a factor in the
PERFQRMTNG PARTY'S Annual Performance Evaluation. Any deficiency related to the
quality andlor timeliness o� the data and data submittal report will be documented and
reported by the TCEQ to the PERFURMING PARTY. The data entry andlor subrnission of
reports delayed by the PERFORMING PA1tTY due to the unavailabilzty of TCEQ data entry
systems sl�all not be deerned un�imely andlor deficient. �
4.2.9 Training and quali�cation for investigators must iriclude but is n.at limited ko:
4.2.9.1 Ann�aal TC�Q Air Investigators Training or Annual PST Stage.II tr�ining, as appropriate.
4.Z.g.2 Visibie Emissions Evaivator's Certification (required for investigators who will be making
opacity readungs using EPA Method 9).
4.2.9.3 Training related to TCEQ database use rvhen available.
4.29.4 Training and cer�ification ofEmissions Evaluators per�orming stack test pretest zneetings,
observations and report revie�vs.
4.2.9.5 It shall be the responsibility of the PERFORMING pARTY to identify and obtairi an:y safety �
tXaining necessary. � , �
4.2.10 Managers or manager-appointed representatives for the PER�ORMING PARTY shall attend
TCEQ-sponsored Local Program Managers' Meetings in Austin, Texas, on an a�-schedu�ed basis.
�. Requ�rements specific for the following Investigation at�d �nforcerreent programs:
ANBI: CCI Investfgatinns at Saurces of Interest to tEte EPA.
S.1 A complete task under this section shall include all of the general requirements of paragraph 4 af the
5cvpe af Work Section aithis Agreement and additionally:
5.1.1 Work Specific Guidance:
Exi�ibit A-3: Comprehensive Compliance Inspection Pratocol, rev 2.Q
Exhibit A-20: Exaept�ions Repart Guidat�ce, rev 1,0
5.1.2 List af Sources. �'he 1'ERFQRMYNG P,ARTY and the TCEQ agree that the List of Sources of
Interest to the EPA contained in Table 3 nf Exhibit A-21 for the appropriate local �rogram
canstit�tes the list o£ sources subj ect to tY�is snvestigation and enfc�rcement program. �'he
PERFORMING PARTX and ihe TCEQ ag,ree that those so�ces marked as scheduled for a CCI
in that same Table 3 wi11 eonstitute the sources to be investigated far the �scal year for this
program to determine compliance with a�l applicable rules and regulations. Note that the specific
list of saurces to be investiga�ed in any given year is subject to the cornplian�e rnani�aring
strategy provided in Exhibit A-2G. IVo addi�ional compensatian will be paid %r any ANBI
Investigatians at Sources vf Interest ta the EPA whieh a�re not sncluded in the 1�st unlsss the lisi is
modifsed by mutual agreem.ent of both parties.
TCEQ SFG Agreement. Cantract Na. 582-3-51315 Page 17 Nnvember 15, 2Q02
5.1.3, Update the List o� Sources of Interest to the EPA. By Juz�e 1g' of the fiscal year of this
Agreement, the P�RFORMING PARTY must provide an updated list of Sources af Interest to
the EPA to the TECQ, Such a list shall identify any changes to e�sting sources on the iisk in
Tabie 3 af Exhibit A-21, and propose any new sources that should be added to that list aiong with
an explanation of why such changes should be made,
b. Requirements Spec�fic for the foIlowing Investigation and Enforcement progxams:
NMNC: Nan-1V�ajar Nan-Checklisted Sauree CCI Ynvestigations
NMCL: Non-Major Checf�listed Source CC7 Ynvestigations
6.1 A complete task under this section shall include al� of the general xequirements of parag�'ap� �4 of the
Scope of VL?'oric Section, of this Agreeanent and additionally:
6.1.1 Work Specific Guidance:
Exhibit A-I : Air Program Inves�igator's Mannal, FODSOP Appendix 29, specifica3ly
related to checklisted investigations for NMCL type investigations
Exhibit A-3: Comprehensive CompIiance Inspeetion Protocol, rev 2.0
�xhibit A-2Q: Exceptions Regort Guidance, rev 1,0 for NMNC investiga�ions,
i. Requirements 5pecific for the following Citizen Complaint, iz�cluding cifizen complaints related #o
Stage II vapor recavery Investigation and Enfarcement programs:
COM�LAINT: Complaint Investigatians �
7.1 A complete task under this section shall include all of the general requirernents of paragraph 4 of the
Scope of Work Section of this Agreement and additianally;
7.1.1 Work Specific Guidance:.
• Exhibit A-1 : Air Program Investigator's Manuai. dated February 9, 1998, spacificaliy
related to complaint investigations.
Exhibit A-7: Guidance Manual for Field Operations Division Investigation of Connplain�s,
Comp�aints Manual rev 1.0, 8/7/00, FODS�P Appendix 9.
Exhibit A-13: State II Vapor Reco�ery Test Procedure �Iandbook, rev t.D, relafed to
complaints.
7.1.2 List af Saurces. The 1'ERF�RMTNG P.�1RTY shall respnnd ko all citizen air pollution complaints
within its jurisdiction reeeived or referred to it in a timeframe at ieast as quickly as ihat required
in FODSOP, Section 2.1.3. l. for the priaritizatian of incidents. Ar�y i�vestigation perfarmed
which is nat required by the Exhibits l�sted in this section or pfllicy sha�l be considered outside
t}xe scape of this Agreement, but if a violation is detected, it nnay be referred to TCEQ for
consideratir�n of enforcernenk actiQn, whera appropriate.
7.1.3 Disclosure of Confidential Infor�ation, The PERFORMING PARTY shall protect from
diselosure information regard�ng the identity of a complainant to the extent allowec� by the Texas
Public Infarmatian Act, Gavt. Code Chapter 552. (See alsa Exhibit A-2, Attorney G�neral of
Texas 4pen Records Decision No. 391 (1983}}. In the event that information which tends to
identify a complainant is requested pursuant to the Texas Fublic Information Act,
PERF�RMTNG PARTY shali seek to protect that information through a request for opinion of
the Attarney General's Office. The PER�ORMTNG PARTY shall aiso nnasntain an iniarrnation
file about each camp3sini filed with the PERFORMING PARTY.
7.1,4 Special Reporting. In aecorda�ce with Section 5.177 of the VU'ater Cod�, the PERFORMING
PARTY shal� pravide to complainants a quarterly status report for any unresolved written
TCEQ SFG Agreement. Contract Na. 5$2-3-51315 Pa�e 18 1�[ovember 15, ZU02
corriplaint received frorn within its jurisdiction. The PERFORMiNG PARTY shall rr�ake
available to the TCEQ, monthly and upon request, info�nation regarding the investigatian and
hazkdlzng of Stage II �apor recavery related complaints. Av'aiiable information shall includa the
number af citizen Stage IY comp�aints investigated by the PERFORMING PARTY �ac� manth.
The PERFORMING PARTY shall include both the number of cit�zen air pragram and Stage IT
prog�ram complaints received in the nnonth covered by the report and cumulative %r the year.
7.1,5 Coordination with TCEQ. The.FE17FORMING PARTY�shall inan�ediately coordinate with the
appropriate TGEQ regianal office and, as necessary, the Office of Complsance & Enforcerrient,
Enforc�ment Division, on action to respand to any camplaints that are substantiai in ter�s of
concez�tration, duration, or potentia! health impacts.
7.J,.6 Violations Detected. The PERFORMING PARTY shall issue a notice of �iolation a�nd initiate
the enforcement action on all cases of nuisance, confirn�ed con�plaints, or any other violations oi
state aiz' pollutian laws or rules detected during a complaint investigation, as required by the mast
recent version of each of ti�e previously cited exhibits in SCOPE OF Vi10RK S�CTION , Itern
a.z.i.
7.1.7 Tnformation Access. The PERFORMING PARTY shall make available to the TCEQ, upon
request, information regarding ihe investigation and handling of complaints. Available
information shall include the number of citizen air �ollution complaints investigated by the
PERFORMING PARTY each month.
7.1.8 Timliness of Data Entry. The PEItF�RMING PARTY shali enter all comp�aints information into
CCEDS as soon as practical after rec�iving the complaint,
7.1.9 Training. Complaint Caordinator Training, when provided by the TCEQ is required for
appropr�ate staff and a manager, as changes may a£fect handiing procedutes.
$. Requirements Speci�c for the following Investigation and En�orcemen# programs:
PMSI and �OSI: Permit Site Review Investigations (Stationary and Pflrtable permits respectively}
PMPR; Permit Pro�isions Review Investigations
8.1 A camplete task under this section shall include ail of the genera! requirements of paragrapb �t of fhe
Scope of Work Section af this Agreement and additionally:
5.1.1 Work Specific Guidance:
Exhibit A-1: Air Prograrn Inuestigatar's Manual dated February 9, 1998.
Exhibit A-15: 30 TAC, Chapter 116, Investigation Prvtncol, rev 7/IS/00
8.1.2 Special Reportirig. � In addition to the data entry Tequirements lisied in paragraph 4 of this part;
response to these investigatinns will also include reporting ta the Air Permits program iri the
manner descrihed in Exhibit A-15.
9. Requirexnents specific for the followin� New Source 12eview Permit (NSR} Compl€anee Investigation
and Enforcement programs:
NSRl: On-Site NSR Le�el 1 review af all non-ilexible permit NSR author�za#ions at a site .
NSR�: On-Site NSR Levei 2 permits review Iimited to flexib�e permrts.
NSR3: On�Site NSR Leve13 In-depth investigatian o�' �reconstruction authorizatian, determining
'tIOC emissions fram Organic Process Lesks {OpLeaks) from cooling iowers flr ca�ponent
leak deYection �nd repair programs
TCEQ SFG Agreement. Cankract No. 582-3-513�5 Page 19 November lS, 2002
9.1 A complete task under this section shall incltzde all o£ the general requirements nf paragra�h 4 of the
Scope of Work Section of this Agreement azxd additionally:
9.1.1 iNark Specific Guidance:
Exhibit A-15: 30 TAC, Chapter 116, Investigatzon Prot000l, rev 7/IS/Oa
Exhibit A-2U: Exceptkans Report Guidance, rev 1. D
Exhzbit A-24: OpLeaks 1'rogram Investigations Protocat, rev 1.0
9.1.2 List of Sources. The PERF4RMING PARTY and the TCEQ agree �tt�at the tist of saurces -
contained in Tables 3 and 4 of Exhibit A�21 for the appropriate local prograrxz constitutes the list
of sources subjeet to this itavestigation and enforcement pxograms. The PERFOI�MING PARTY
and th� TCEQ agre� that those sources maxked as scheiiuled for a NSRI or NSR2 of that same
Table 3 a,nd for NSR3 investigations, Tahle 4 of Exhibit A-21, constitute the list of sources ta �e
investigated for the fiscal year for this program. The investigations will be performed in arder ta
determine compliance with all app�icable New Source Review ruies and regulations wzth the
scope being that described in the �nvestigation protocols. Tke list of Saurces o£ Interest to the
EPA (Table 3} or Table 4 may be revised as a Minor Change upon the agreement af bath parties.
No additianal compensation will be paid for any NSR1, NSR2 ar NSR3 investigations conducted
at stlurces not Iisted on Table 3 or Table 4 unless the Iist is modi�ed by mutuai agreement of both
parties.
9.1.3 Special Equipment. It shail be the responsibility of the PERFORMING PARTY to acquire and
rnaintain the special equipment identi�ed in the Special Investigation Training and Equipanent
Costs table of Eachibit A-21.
10. ReqUirements Speci�c for the followiung Investigation and Enforcenne�nt programs:
BURN: InvestigatiQns related to outdoor burning and buriting approval
10.1 A eomplete task Under this section shall include al1 of the general requirements of paragraph 4 oi the
Scope of Work Section of this Agreement and additianally:
10.1.1 Wor�C Speci�c Guidance:
Exhibit A-20: Exceptions Report Guidance, Rev 1.0,
Exhihii A-2S: 30 TAC, Chapter 111, [n�estigation Protocoi, rev 1.0
10.1.2 Response to Events. The PERFORMTNG PARTY shall conduct Investigations relateci to
outdaor burning vvithin its jurisdiction received or ref�rred to it as expeditiously as passible.
11. Requirements Specifie far the folfowing Enforcement Foilow-up In�vestigation ant� Enforcemeut
programs:
FURR; Enfo�'ceme�t On-Site Followup Investigations (FI) or Enforcement Followup Record
Review Investigatian (RR) � . �
ENF FI: ,�greed Order fallowup Investigations
11.1 A campleie task under thss seetion shall include a11 of the genera� requirennents of paragraph 4 of the
Scope of Work Sectian of this Agreement and additionally:
I 1.1.1 Work Speci�c Guidance:
Exhibit A�20: Exceptions Report Guidance, Rev 1.0.
11.1.2 Response to Events. The PERFORMING PARTY shall conduct F�/.RR and ENF FI
Investigations within its jurisdiction received pr referred to it in a timely manner.
TCEQ �k`G Agrcement. Cantract No. 582-3-51315 Page 2U November 15, 2002
12. Requirements Speci�c �or t�e foIlowing Mobile Source lzelated Investigati�n and Enforcement
programs:
BD04: Investigation af ve�icle emissions contrals at used car lots
BD14: Fuel Oxygenate Determination Investigations
BDDS-RVP; Determination of Gasaline R.eid Vapor pressure Investigations
�.2,1 A complete task under this section shall iriciude all of the general requu'ements of p�.ragr�ph � of the
. Scopa of Work Section of this Agreement and additionally: .
12.i.1 Work Speciiic Guidance:
Exhibit A-1: Air Prograrn Inves#�gator's Manual dated February 9, 1998 addressing used car
lot in�estigatians.
Exhibit A�17: Oxygenate and Reid Vapor Pressure Test Methods
Exh�bit A-20: Exceptions Report Guidance, Rev 1.0 .
12.1.2 List of Saurces. The PER�OIZMING PARTY and the TCEQ agree that the numher of
investigations identified in Table 1 of Exhibit A-21 related to these investigatians types far the
lacal program shall constitute the initial work plan for this program. The Wark Pjan ma}� be
revised periodically as a Minor Change .upan agreement of bath parties. Na additional
compensatian will be paid for any U'sed Car Lot, Oxygenate or Reid Vapor 1'ressure
Investi�atio�s performed beyond the number identified in the Work Plan, unless the work plan is
modified by mutual agreement of both parties.
13. Reqnirem�nts Speci�c %r the fnllowing [Tpset or Maintenance Event Investigatiou and Enforcement
gragrams:
UMLl: Lave� � I3�seflMai�tenance Investi�at�on of a Singie Event (or relaked events}
requiring immediate on-site response. � . .
UML2: Le�el � ilpset/Maintenance Investigations covering all ulm activity at a site for
tfee past year.
IMAI or IUPS: Level 3 LipsetlMaintenance Investigatian of a Complex Singie Event (or related
+events) naf requiring immediate an-site response.
IJML4: Levei 4 Upset/Maintenance Investigation of a Non-Cornplex �ingle �vent (or
related events) not requiring imrnediate on-site respanse.
13.1 A complete task under this section shall include al1 af the generxl requirements of paragraph 4 of the
Scape of Work Section of this Agreement and additionally:
13.1.1 Work Specific Guidance:
Exhibit A-1: Air Program Investigator's Manual dated Febcuary 9, I998.
Exhibit A-1.0: UpseklMainter�ance Investigation Protocol, rev October 1$,.2002.
Exhibit A,20: Exceptians Report Guidance, Rev 1.0.
13.1.2 LTML2Investigations.
13.1.2. I Lists of Sources. The PERFOI�MING 1'1�RTY and the TCEQ agree that the iist of
Sources of Interest ta th� EPA contained iz� Tabie 3 of Exhibit A-21 far the appropriate
local program constitutes the list of sources subject to this investigatian and enforeement
pragram. The Per�'orming Party and the TCEQ agree that those saurees marked as
scheduled for a UML2 in #hat same Table 3 will constitute the sources to be in�esfigated
for the f scal year for this grogram.
13.1.2.2 Scope of Investigation. A complete Leve12 UpsetlMaintenance Investigation at a given
TCEQ SFG Agreement. Cantract l�o. 582-3-51315 Page �1 Navem6er 15, 200Z
site shall inctude t�e review af a�l UpsetJMaiuutenance activities related to that site for at
least t�e 12 months preceding the investigation,
13.13 Upset/Maintenance Level I, 3 or 4([JML1, IMAIIiUPS and LTML,4, respectively) Investigatians.
13.1.3.1 I,ists of Sources. The PER�ORMING PARTY s�all respond to all notifications for Level
I,3 and 4 Upset/Maintenanca Investigations within i#s jurisdiction as expeditiously as
posaible.
13.1.3.2 Scope of Tnvestigation. A comple�e Level I, 3 or 4 Upse�/Maintenance Investigation
invalves either a singl� event or ma�+ involve several related et�ents tk�at occurred over a
finite span of time at a given site.
13.1.3.3 Coordination with TCEQ. The PERFORMING PARTY shall immediately coordinat�
with the appropriat� TCEQ r�gional of�ce and, as necessary, the �ffice af Campliance &
Enforcement, Enforcement Divisian, on action to respond to any upset or mai�tenance
events that are substantial in terms af concentration, duration, or potential hesIth ixnpacts,
or that meet the criteria af a UML1 investigatian described in Ezchi�it A-10.
13.1.3.4 Violations Detected. The PERFORMING PARTY shall issue a z�atice of violation and
initiate the en�forcement action on alI cases of nuisance ar any other viotations of state air
pallution Iaws or rules detected during an upsei/maintenance level 1, 3 or 4 investigation,
as required by the most recent versian of each af the previausly cited exhihits in Scope
af Work Sectron, Ite�n 4.2. !.
13.1.3.5 Timeliness of Data Entry. The PERF'ORMING PARTY sha11 enter all upsetJmain�enance
infortnation into CCEJJS as soon as practical after receiving the notification.
13.1.4 Training. Ups�tlMaintenance (Emissions �Events) training, when provided by the.TCEQ is
required for appropriate staff and a mariager, as changes may affect handling procedures.
14. Requiuremenfs speci�c for the fallowing Tiile V�ermit Compliance Certification Investigation and
Enforceme�t programs:
SPCC: On-Site Permit Compliance Certi�cation RevRew.
OPCC; Yn-i.lffice Permif Compliance Certi�cation Re�ierv.
i4.1 A complete task under this section shall include all of the general requirernents of paragraph 4 af the
Scope af Wor� Sectian of this Agreement and additionally:
14.1.1 tiVork Specific Guidance:
Exhibit A-14: 30 TAC, Chapter 122, Investigation Pratocol, rev 7/.lS/00
- Exhibit A-2a: Excepti�oris Report Guidance, R�v 1.4 - .
14.1.2 List of Sources. The PERF4RMING PARTY and the TCEQ agree that the list af sources
contained in Ta�la 3 of Exhibit A-21 far the a�prvpriate local program constitutes the list of
sources subject to these investigation and enforcement programs. The PERF4RMING P.ARTY
and the TCEQ agree that those saurces mariced as sG�eduled for a SPCC or OPCC of that same
Table 3 constitute the list of sources to be ir�vestigated for the �scal year for this program. The
investigativns will ba performed �n order �o de�ermine compliance with al� applicable ruIes and
regulations govemed by the operating permit whicY� is the subject af the investigation. The list of
�ources af Tnterest to the EPA (Table 3) may be revrsed as a Minor Change upon the agreement
af both �aar�ies, No additional compensation will be paid for any SPCC or opCC investigations
canducted at sources not listed on Table 3 ar Table 4 unless the list is modified by mutual
TCEQ S�G Agreemen� Cantrac# No. 58Z-3-SJ31S Pa�e 22 November 15, 2002
agreement of bath parties.
1�. �tequiremen�ts Specific for the follawing Gen�ric Compliance Tnvestigation Repnrt Revievv Tnves�igation
and Enforcement programs:
INES: Iuv�estigatians related to reviewing reports received frorn sources subject to the National
Em�ssions Sta�dards for kIazardous Air Poilutants {NES�APs, 40 CFR 61}.
INSP: Investigations related to reviewing reparts received firom sae�rces subject to the New
�oarce Performance Standards (NSPS, 4Q CFR 6Qj. � .
RitQ7: Investigatio�ns refated to rev�ewing reports received frann sources subject t� 30 TAC 117,
relateti to Nitrogen Oxide requirea�zxents.
RRGR: In�estigations relaied to reviewing reports received from saurces subject t4 any other
air related rec�nirement not otherwise listed spec'rf'ically �n the vt�orkplan, inclndin�, but
not limited to 30 TAC 115, rela#ed to Cantral of Valat�le Organic Compounds, 30 TAC
1Q6, related to Permits by Rule, or 30 TAC ].1.6, related to Permits.
i5.1 A complete task under this section shall include all af the general requirements of parag�-aph � of the
Scope of Work Section af this Agreement and additionally:
15.I.1 Work Specific Guidance;
Exk�ibit A-20: Exceptions Report Guidance, Rev 1.0.
15.1.2 List of Saurces. The PERFORMING �ARTY and the TCEQ agree that the number of
inveskigatzons id�ntified in Table 1 of Exhibit A-21 related to these investigations tyQes for the
jncal program shall canstitute the initial work plan far thi� program. The Work Plan may be
revised �etiodically as a Minor Change upon agreement of both parties. No additional
compensation wil� be paid %r any On Site Bum Investigations p�rforme� beyond the number
identiii�d in tbe Work plan unless the Work plan is modified hy mutual agreemer�t of both
parties.. . �
15.1.3 Response to Events. The PERFORMING YARTY shall canduct inves#igations of th� listed types
�rithin its jurisdiction received or referred to it consistent with the plan of reviewir�g such reports
received as deseribed in Ex�ibit A-26.
16. Require�nenfs Specifc for Che following Stack Teshng Investigation aud Enforcement programs:
PRES: Pre-test meeting inveskigatians.
O�BPT/OBCC: ()bser+vation af Performance Test ar C�M Certi�cafion test, respectively.
R�FT: Rev'rew o#' Stack Test report
16.1 A complete task under this section shall include all of the general requireznents nf paxagraph 4 of khe
Scope of Work Section of this Agreement and additianally:
16.1.1 V�'ork Speeific Guidance:
None.
16. i.2 Response to E�ents. The PERFORMING PARTY shall conduct in�estr`gations of the listed types
within its jurisdiction received ar referted to it as expeditiousiy as possible.
16.1.3 Traizung. No work of this type will be �erforrned unless th� wark is conducted by a person whv
has successfully completed the Emissions Evaluatar Certification test as administered by the
TCEQ ttz�less that persan is warking directly under the guidanca of persans specificall�
designaCed by tk�e TCEQ.
TCEQ SFG Agreement. Contrack No. 582-3-51315 Page 23 November 15, 2002
17. Requirements Specific for fihe following Stage II Vapor Recovery (and related Stage n Investigation
and Enforcement programs:
Stage II System Test Observations
Stage II Com}�liance Evaluation Investigations (CEn
Sta�e II Follo�vup Invest�gations
S#age I� Record Review Investigations
17.i The Stage II Vapar ReEovery investigaiion and enforcement prog7ram includes investigation and
enforcement vti+ith respect ta bdth Stage I and Stage II vapor.recavery equiprnent and requirements at
motor vehicle fuel dispensing facilities where Stage II vapor recovery equipment is required. A
eomplete task under this section shal� include ail of the general requirennents af paragraph 4 of Scope
of Work Section and additionally:
17.1.1 Work Specifc Guidance: �
Exhibit A-4: Stage Ii Vapor Recovery Policy and Procedure Manual, FODSOP Appendix 29
Exhibit A-6: Vapor Recovery Test Procedures Handbook, RG-399, November 2002
17.1.� List of Sources. The PERFORMING PARTY shall identify and subrnit a list to TCEQ
iden.tifying those motor vehicle fuel dispensing facilities wiihin the PERFORMING pARTY'S
territorial jurisdiction wlaere 5tage II vapor recovery equipment zs required pursuant to the TCEQ
rules {30 TAC §§ 115.221 - 115.229 and §§ 115.241 - 115,2�9), The 1'ERFORMiNG PARTY and
the TCEQ agree that the number of investigations identiiied in Table 1 of Exhibit A-2I related to
each of these investigations kypes for the local program shal! constifute the initial Work �lan for
these pragrams. The Work plan may be revised periodically as a Minor Change upon agreement
of both parties. No additional compensation wiil be paid for any Stage II investigations
�erfortned beyond the number identified in th� Work plan unless the Work plan is modif �d by
mutual agre�ment of both par�ies.
t7.1.3 Maintaining the list nf sources. Stage II facilities which were newly zdentified ar which were
identi�ed as c1osed or no longer in business by the PERFORMING PARTY durin� the calendar
month shall be identi�ed in the monthly report required under paragraph 4.2.$ of this Part,
including the to#aI number identifed during the calendar month and the cumulative number
identified since the beginning of the fiscal year co�ered by this Agreernent.
17.1.4 Special Reporting. The PERFORMING PARTY shali submit a summary of its compliance
findings (investigatian repart, associated letters,.and site documentation forms) ta the Waste
Seciion Manager of the appropriate TCEQ regional office. The summary shalI conforcn wit� the
requirements specified in the most recent versions of the relevant exhibits.
17.1,5 Violations Detected. The PERFORMING PARTY shall issue a notice af vialatian and initiate
the enforcement action on all cases ofnuisance, confirmed corr�plasnts,.or�any other violations of
state air pollution laws or rules detected during a complaint investigation, as raqu�red by the most
recent version of each af the previously cited exhibits in Scape af Work Section Ttem 4.2.1.
17.1.b Timeliness of Data Entry. The PERFORMING PARTY shall enter all Stage I and Stage TI
investigation in%rmation into CCEDS within the timeframes specified in the relevant exhit�its.
17.1.'1 Training and Committee Yarticipation. Investigators conducting Stage I and II Vapor Recovery
work shall atiend tne TCEQ-sponsored Stage II Vapor Recovery Annual Tzaining or Stage Ii
Committee meetings on an as scheduled basis.
18. Requirements Specific for the fallawing Enforcement Activities program:
TCEQ S�G Agreement. Contract Nn. 582-3-51315 Page 24 . November 15, Z002
Iss�ance of Nofilces of Violations
Enforcement Case De�velopment, Yssuance of Notice of Enforcement and Enfarceaaaent Referra�
I 8. ] A camplete task under this section shall include aIl of the general requirements of paragraph 4 of the
Scope af Work Section of tt�is Agreement and additionally:
18,1.1 Wark Specifc Guidance:
None additionai.
18.1.2 List of 5aurces. The PERF'O1tMING PARTY and the TCEQ agrea that the number af �
inves�igatioxas identified in Table 1 of Exhibit A-21 related to these invesiigations iypes for the
loca� progratn shall constitute the initial Work plan fox th�s program. The Work plan may be
revised periodicaIly as a Minor Chan:ge upon agreement o�' both parties. No additional
cornpe�nsation wzll be paid fax any Enforcem�nt Activities performed beyond the number
identified in the Wark �lan unless the Woxk plan is modified by mutual agreement of both
parties.
18. I.3 Response to Events. The PERFORMING PARTY shall conduct complete enforcament activities
wifhin the timeframes established in the various investigation protocols, being particularly carefial
to meet any enforcement driven deadlines related to EPAs' High Friority Violation policy that are
reflected in the various investzgation and enfarc�me�t exhibits.
I8,1.4 Exceptions and Deadlines. .The PERFORMING PARTi' will include a section in t�ae monthly
report detailing each oithe follflwing:
18.1.4.1 the identi�cation of each enforcement action that was untiznely and an explanation for
the untimeIiness, including the �dentificatian of any violation situation indicated to
include a High Priority Violation that has nat or wiSl likely nnt rneet the timeliness �
requirements. � �
18.1.4.2 the identification nf any enfarcement exceptions requests made pursuant to Exhibit A-12.
19. Requirernents Specifc for the foltowing Other Investigation Refaied Activities grogram:
Investigation QualiEy Keview Act�vities
19.1 A complete task under this section shall include all of the general requirements of paragraph 4 af the
Scnpe of Work Section of this Agreement and additionally:
19.1.1 Work Speci�ic Guidance: It is recognize� that the PERF'ORMYNG PARTY is responsible for the
developrnent af their own Jnvestigation Quality Review program, and suggests the following
guidelines tl�at may be followed by the PERFORMING PARTY when unplementing their
p�ogram:
Exhibit A-4: Stage-T_I Vapor Recovery Policy and Procedure Manua�, FODSQP Appendix 29,
as it relates to Investigation QA/QC.
�xhibit A-6: �tate II Vapor Recovery '�est Prncedure Handboak, rev Novernber .2D02
Exhibit A-9: Field Operations Division Standard Operating Procedures (FODSOP), rev
Qctober IS, 200Z, as it relates ta Investigation QA/QC.
I9.1.2 l�eparting. Tn a separate sectian o£ the manthly repart required under paragraph �4,2.8 of this
section, pravide a listing of the activitias performed under this task for t�e rnonth.
�0. Renuirements Specifc for the following Other Investigation Related Activiiies program:
Xn�vestiga#or Professional Development Program
TC�Q SFG Agreement. Contract No. 582-3-51315 Page 25 ' Nave�u,ber 15, 2042
20.1 A cornplete task under this sectian shall include aIl of the general requirements of paragraph 4 of tha
Scope of Work Section of this Agreement and additionally: �
20.i.1 Work Specific Guidance: The PERFORMING PARTY shall develop and implement an
Investigator Prafessinnal Develop�nent Pragram that complies with the requirements of tbe Scope
of Work of this Agreement and that is consistent with the direciion and inte�t nf the requixements
of the most recent versian of�the Investigator Professional Development Program for Air and
Waste as follows: �
E�chibit A-16: Investigator Professional Pxogram Developrnent Documents for Ai� and Waste,
rev %/I8/02
20.1.2 Level of Effort. Tha PERF�RMING PARTY and tha TCEl2 agree that t4�e amount of effort
reflecied in the Ievel of funding id�ntified in Table 1 of Exhibit A-21 related to this activity fbr
the local program shall consfitute the imitial Work plan for this program. The Work plan may be
revised periodically as a Minor Change upon ag�eement of both parties. No additional
compensation will be paid for any Investigator Frofessional Development Yrogram efforts
performed beyand the level of effort identified through the level of funding identiiied in the
Work plan unless the Work p1an is modi�ed by mutuaj agreernent of both parties.
2Q.1.3 Special Reporting. The PERFORMING PARTY shall submit written reports znonthly to the
TCEQ describing actions taken in the development and implementation of the In�restigator
Professional Development Pragram to dake and a prajection af actions to be taken in the coming
month.
20.1.4 Projeci Tracking. The Periodic �valuation meetings identified in Paragraph 3 of this section will
include a discussion of this topic. The PERFORMING PARTY vsrill prot+ide�an update on
progress macle reIative to this task at the meeting. � , �
21. Requirements Specific for tl�e fnllawing Other Investigation Re�ated Activities program:
Visibility Project Support
21. I A comp�ete task under tlais section shall include ail of the general req�ir�ments o£ paragraph 4 of the
Scops of Work Section of this Agreement and additionally;
Exhihit A-19: Data Management Procedures for the EL Paso Visibility Prograrn, rev I.�
21..1.1 Le�el of Eifort. The FERFORMING FARTY and the TCEQ agree that the level of effort
reflected in the number of activikies identified in Table 1 of Exhibit A-2I related to this activity
for the local program shall constitute the initial Work plan for this program. The Work plan may
be revised periodically as a Minor Chang� upon agreement of both parties. Na additional
coxnpensatiori vcFill he paid far any Visihility Project SupporC efforts performed beyond the 1e�el
af effort identified through the level of activity identified in the Work plan unless the Work plan
is modif ed by mutual agreemezxt af both parties.
21.1.2 Special Regorting. The PERFORMING PARTY shall submit data to the TCEQ in accordance
with the requirements nf Visibility Praject Support Program.
2I.1.3 Project Trackittg. The Periodic Evaluation meetings identified in Paz�agraph 3 of this sectian will
include a discussion af this topic. The PERFORMING PARTY vvill provide an update on
progress made relative to this task at the me�ting.
TCEQ SFG Agreernent. Contract No. 582-3-51315 Page �6 NoWember 15, 20D2
21.1.4 Pxovide the data transfer and other services in the manner required, tirnely, as required under
Exhibit A-19.
22. Requirements Specific for the foilowing Other Investigation Related Aciivities �rogram:
Spacia[ Investigation TraininglEquipment
22.1 A com�lete task und�r this section shall include alI of the general requirements af paragraph 4 of the
Scope of Work Section of this Agreement and additionally: . �
Exhihit A-21: Loca1 Air Program Work Plan far Fiscal Year 2003, specifically the TRNG EQUIP
tahle, Tabla 4, af the exhibit. '
22.1.1 Level of Effort. The PERFORMING PARTY and the TCEQ agree that the level of effort
reflected in the participation in required training and purchase of required equipment identified
in the TNRG EQUIP table ofExhibit A-21 related ta this activity far the local program shall
canstitute the initial Wark glan for this program. The W�rk plan may be revised periodically as a
Minor Change upon agreernent of both parties. No additional compensation wi�l be paid for any
activities of this typ� beyond that identiiied in the work plan unless the Work plan is modified by
mutuat agreement of bath parties.
22.1.2 Provide a sectian in the monthly report indicating training received under this task and progress
made in acquiring any equipment.
END OF -
SCOPE OF WORK SECTION.
TCEQ 5FG Agreement, Contract Na. 582-3-51315 Page �7 November 15, 200x
GENERAL CONDITIONS
�F THE
TCEQ STATE FUNDED GRANT AGREEMENT
ARTTCLE 1. DEFINITIONS
Wherever used i� these General Conditions or in the other Agreernent Docunnents the following terms have the
meanings i�adicated .which are applieable to b�oth the singular and plural thereof:
1.1 Accrued expenditures - means the charges ine�zrred by the PERFORMING PARTY during a given period
requiring the provision of funds for: (1) Goods and other tangzble praperty received; (2) services perforrned by
employees, and (3} other ama�nts becozning owed under programs for which no curr�nt se�rviees or performance
is required, such as annuities, inisuranee claims, and other benefit payments.
1,2 Accrued income - means the sum of: (1) Earnings during a given perioct from services performed by the
PERFORMING PARTY atid goods and oiher tangible ,properiy deliverable to purc�asers, and (2) amounts
becom�ng owed to the �ERFORMING PARTY for w�ich no currant services or gerfortnance is required by the
PERFORMING PARTY,
1.3 Acquisition cost - of an item of purchased equipment means the net invoice unit price of the property
including the cost of modifications, attachments, accessories, or auxiliary apparatus necessary to make that
property usable for the purpase for which it was acquired. Other charges such as the cost of installation,
transpartation, taxes, duty or protective in-transit insurance, shall be inciuded or exciuded from the unit
acquisition cost in accordance �rvith the PERFORMING PARTY's regular accounting practices.
1.4 Addendu - written or graphic instruments issued prior to the execution af ihe Agreernent which clarify,
correct or change the Proposal Requirements or the Agreement Documents. � �
1.5 Adrrrinistrative requirements - mean those matters common to grants in general, such as financial
rnanagement, kinds and frequency af reports, and retention of records. These are �istinguished from
"programmatic" requirements, which concern nnatters that can be treated only on a program-�ay-prograrn or grant-
by-grant basis, such as kinds of activities that can be supported hy grants under a�articular prngram.
1.6 Agreement - refers to the "TCEQ �orm: TCEQ State Funded Grant Agreement" whicfa contains the salient
terms oi the Agreezr�ent between TCEQ and the PERFORMING PARTY and covers the Work to be performed;
also incSudes any additional Agreement Documents which may be attached to the Agreement and made a part
thereaf as provided therein.
1.7 Awarding age�tcy - means the TCEQ.
1.8 This sect�on left blank intentianally.
1.9 Cash eontributiarrs - means tne PERFORMING PARTY's cash outlay, including the outlay of money
contributed to the PERFORMING PARTY or subgrantee by other public agencies and institutions, and private
iegislation, federal funds received fram other assistance Cantracts may be considered as PERF�RMING PARTY
or subgrant�e cash contributions. �
l, l Q Common rule - means the Uniform Grant Management 5tandards which were promulgated by the Texas
Governor's Office of Budget and Planning pursuant #a the Unifarm Grant Conditions and Management Act, Tex.
Govt. Code Chapter 783.
1.11 Condi-act- means (except as used in the definitions far "grant" and "s�zbgranY' in this section and exccpt
TC�Q S�'G Agreement. Contrsct No. 582-3-51315 Page 2S November 15, 20U2
where qualified by "federa�") a procurement contract under a grant ar subgrant, and rneans a pracizrement
subcontract under a cor�tract�
1.12 Agree»tent Documents - as set forth in the Agreement.
1.13 Agreement Price � the moneys payable by TCEQ to PERFORMING PARTY for cam�letion of the Work in
accordance vvith the Ag�reement Documents as stated in the Agree�ent (subj ect to tha provisions af these General
Conditions). '
1. I Q Agreernent Times - the num.ber of days or dates stated in the Agreement to complete the Work so that it is
ready for fmal payment.
1.15 Cost sharing or matching - means the value of the third party in-kind eontributions and t3�e portion of the
costs of a State assisted project or program not borne by the State,
1.16 Cast-type contract - means a contract or subcontract under a grant in which the PERFOItMTNG P.ARTY or
subcontractor is paid on the basis of the costs it incurs, with ar without a fee.
1.17 defective - an adjective which when modifjring the ward Work refers to Work that is unsatisfactory, faulty ar
deficient, in that it does not conform to the Agreement Documents, or daes nat meet the requirements of any
inspection, reference standard, test on appraval re�erred to in the Agreement Documents, or has been damaged
prior to final paymen't.
1.18 E.,�'ective Date of fhe Agreement - the date indicated in the Agreement an which it becomes effective, but if
r�a such date is indicated it means the dake on which the Agreement is signed and deiivered hy the 3ast of the twQ
parties to sign and deiiver.
1.19 Eq�aipment - means tangihle, nonexpendable, �personal property havin� a-useful li#'e of �nore than one year
and an acquisition cast of $1,000 ar more per unit. A PERFORMING PARTY may use its own de�nition of
equiprr�ent provided th.at such de�nition would at least include all equipment defined above. "�quipment"
de�nition pertaining ta acquisition cost of $1,000 or more per t�nit as rr�odified to subject state funds to the state
definitian or m�inimum cost for capitalized equipment, A state awarding agency will advise a PERFORMING
PARTY of the rules far capitalizing equiprnent purchased from state funds and uItimate disposition thereof
1.20 Expendiiure repart - means (1) For npnconstruction grants the "Financial Status Report" {Farm B-S) (or
other equivalent report); (2) for construction grants, the SF-271 "Outlay Report and Request for Keirnbursement"
(ar other equivalent report).
1.21 Frnal Completion - the Work is completed in the judgment of TCEQ.
1.22 Gene�al Conditions - r�fers to the p�rtion of the Agreement entitled:"General Conditions of the TCEQ State
Funded Grar�t Agreement." � - �
1.23 Gavernrr�ent - means a State a�ency or local government.
1.24 Grant - means an award af financial assistance, including cooperative Agreement, in tk�e form of maney, or
property in lieu of xnoney, by the State ta an eiigible PERFORMING PARTY, The terna doe� not include
technical assistance which pravides services instead oi money, or other assistance in the form of revenue sharing,
Ioans, loan guarantees, interest subsidies, insuranee, or direct appropriations. Alsa, the term does not inc�ude
assistance, such as a fellowship or other lump sum award, which the PERFORMING PARTY is not required to
aceaunt for.
TCEQ SF� Agreement. Contract Na. 58�-3-513I5 Page 29 Novem6er 1S, 2D02
1.25 Grantee - rneans the government to which a grant is awarded and wlveh is accountable for tY�e use of the
funds provided. The �rantee is the entire legal entity even if only a particular component of the entity is
designated in the grant award document. Alsa means the PER�ORMING 1'ARTY. �
1.26 HUB - Historically Underutilized Business as defined by Texas law. The State Purchasing and General
Services Act, arnended September 1, 1995, defines a histaricajly underut�lized business as a corporation or a
partnership in which iifty-one percent (S 1°/a} or more of the corporation° s stack {ar other equitable securities) or
par�nership's assets and interest are ovsmed hy one ox mare economicaily disadvantaged persons, �vho have a
propartionate interest and actively participate in the eorpaiation or partnership control, op�ration, and � �
rnanagement. Ifthe business is a sole proprietarship, the economically disadvantaged person must completely
awn, operate and control the business. Economieaily disadvantaged person includes nr�embers of certain grot�ps
ianctuding American Women, Asian Pacific Amexicans, Black Americans, Hispanic Americans, and Native
Americans.
1.27 Intellectual Property -]} any and alI inventians, discoveries, improve�x�ents, or creations for wlaich
copyright, trade secret, patent ar other proprietary rights may be acquired, 2) any photographs, graphic designs,
plans, drawings, specif�cations, computer grograrns, computer files, documentatian, technica� reports, operating
manuals, or other copyright able materials, and 3) any other work fixed in any tangible medium of expression
which can be perceived, reproduced, or otherwise communicated for which �opyright, trade secret, patent or ather
proprietary rights may be acauired.
1.2$ Intellectual Property Rights - patent, trademarks, trade secret rights, canfidential information rights or any
other proprietary rights to which a person may be entitled or may actually possess. Intellectual Property Rights
inciude aIl rights of ownership and original autharship thraughout the vt+orld.
1.29 Laws and Regudations; Laws ar Regulations - any a�d all applicable laws, rules, regulations, ordinances,
codes, and orders of afiy and ail go�errimental bodies, agencies, authorities and eourts having juris�iiction.
1.30 Liens - li�ns, charges, security interests or encumbrances upan real praperty or persanal property.
1..31 Local government - rneans a county, municipality, city, town, township, local public authority (including
public and Indian housing agencies under the United States Housing Act of 1937, 42 U.S.C. § 1�437 et seq.},
school district, special district, intrastate district, council of governments {whether or not incorporated as a
nonprofit corporation under state law), any other regional or interstate government entity, or any agency of
instrurr►entality af a �ocal government.
l.32 Major Change - any change in the wark that meets the requirements of Ar�icle 6, Section 6.1 of the General
Conditions af this Agreement
1.33 Major Source - For the purpose of this Agreement, a site that meets the definition of Major Source in 34 Tx
Admin. Code Chapter 122,.Section 122.10 or any site that is subject �to the Title V permitting requirements of 3�
Tx Admin Code C�aPter t22.120. � �
1.34 Miiestane - a principal event specified in the Agreement Docun:�ents relating to azi intermediate completion
date or time prior to Final Campletion.
1.35 Mtnor Change - a written ageement which provides for minor changes in the work in accordance with
these General Conditions, but which does not involve a change in the Agreement Price, the Agr�emez�t Times, or
in the nature or type of the Work activities ta be pexformed, as described in Article 6 of the General Conditions of
this Agreernent.
l„3fi Non-Major Source - for the purpases oithis Agreement, all those TCEQ Air program accounts that do not
TCEQ SRG Agreemen#. Contract No. 58Z-3-51315 PdgB 30 November 15, ZOD2
rneet the defini�ion of Sources of Interest to the EPA.
1.37 Obiigations - means the amount of Work perfortx�ed by the PERFORMING PARTY during a given period
that rzaay result in reimburseanent by the TCEQ during the same or a future period.
1.38 Outlay -(expenditures) m:ean charges made to the project or prograra. T�ey may be reported on a cash or
accrual basis. �'or reports prepared on a cash basis, outlays are the sum of actual cash disbursement for direct
charges for goods and services, the amount af indirect expensa incurred, the value of in-kind contributiQns
applied, and the azx�aunt of cash advances and payments made to PERFORMiNG PART'Y and subgrantees. For
reports prepared on an accrued expenditure basis, ouilays are the sums of actual cash disbursements, the amount
of indirect expense zne�rred, the �value of in-icind contributions applied, and the new increase (or decrease) in the
axnoun.ts owed by the PERFORMING FARTY for goods and other �roperty xeceived, for services performed by
employees, contract�rs, subgrantees, subcontractors,�and other payees , and other amounts becoming owed under
programs for which no current services or performance are required, such as annuities, insurance claims, and
other benefit payments.
1.39 Perceniage of completion method - refers to a system under which payments are made for Wark according
to �he percentage of the completed Work, rather than to the PERFORMING PARTY's cost incurred.
1.40 PERFORMING PARTYRepresentatrve - The individual authorized io receive direction fram TCEQ, ta act
on behalf of FERFORMING PARTY, to manage the work being performed, and to perfortn all other duties and
responsibilities as speci�ed in the �tatement of ServicesSection . The PERFORMING PARTY Representative is
Che individual so named in �aragraph 9.8 of Articie 9, Miscellaneous, of this Agreetnent {relating to Notice}.
1.41 Frior approval - means documentaiion e�idencing consent priar to incumng specific cost.
1.42 Praduced � participie or passive �erb which when used in connection with the term Inteliectuai 1'roperty
means concei�ed, developed, impleznented, discovered, invented, f rst actually reduced ta practice or otherwvise
produced. -
I.43 P�-ofect - the total body of services rendered of which the Work to be pro�ided under the Agreament
Documents may be the whole, or a part as rndicated elsewhere in the Agreement Documents.
1.44 Praject Field Re�resentalive - The ij�dividual authorized ta give�direction to PERFORMING PARTY wit�
respect to technical work {�.g., a Work plan, direct data entry, ar►d training matters). A Project Fieid
Represenkati�e is not authorized to bind TCEQ in Agreement or Agreement amendment unless th� TCEQ
Executive Director has delegated such authority to the individual named. T�e Project Field Representative of tk�e
TCEQ is the individual �o named in Qaragraph 9.8 af Article 9 of this Agreement (rsla�ittg to Notice).
1.45 Real praperty - rneans iand, including iand itxiprov�ments, strtictur�s and appurtenances thereto, excluding
rrxovabie machinery and equipmen.t. . � �
1.46 Share - whan referring to the TCEQ's port�on of real property, equipmeni or supplies, means the same
percentage as ti�� TCEQ's portian of the acquiring �arty's total costs under the grant �o whic� the acqui$ition cost
of the property vaas c�arged. Only costs are to be counted, not the value of third-party in-kind cantributions.
1.47 Source oflnterest ta the EPA - For the purposes of this Agreernent, any air pollution site that meeis the
definition af Major Source as lisied in this Agresment or any TCEQ Air Progcam account whose actual enn.zssions
equal or axceed 80% of the ma�or source emissions t�reshold.
1.�48 Standards - refers to the Uniform Grant and Con.tract Managemant Standards.
TCEQ 5FG Agreament. Cont►ract No. 582-3-51315 Page 31 1�Ia�ember 15, 2002
1.49 State - means the State of Texas,
1.50 Subcontractor - art individual, firm, or corporatian having a direct contract with PERFORMING PARTY or
with any other Suhcontractor for ihe per£ormance oF a part oi the Wark.
1.51 Subgrant - means an award of financial assistance in the form of money, or property in lieu of �noney, made
under a grant by t?ne PERFORMING PARTY to an eligible subgrantee. The term includes �nancial assistance
wben pravided by contractual legal agreement, but does not include pracurement purchases,�nor does it inciude
any form af assistance which is exclud�d. from the definiiion of "grant:"
1.52 Subgrantee - means the �overnment or other legal entity to which a subgrant is awarded and which is
accountabie to the PERFORMING PARTY fox the use af the funds �rovided. "Subgrantee" is synonymous with
"subrecipient" and refers ta any entity receiving grant or cantract funds from ar throu�h a state agency.
1.53 Supplies - means all tangible personaZ property other than "equipment" as defined in these General
Conditions of thzs Agreement. .
1.54 Suspensian - nneans, depending an the context, either (1) temparary vwithdrawal of the auth�rity to obligate
grant funds pending carrective actzon by the PERFORMiNG PARTY, ar subgrantee or a decision to tez7minate khe
grant, or (2) an action taicen by a TCEQ official in accordance with the Agreerr�ent Documents, State or Federal
law, ar Regulaiians to immediately exclude a person from participating in grant transactions for a period, p�nding
campletion of an investigatior� and such legal or debarment procaedings as may ensUe.
I.SS Termination - means pertnanent withdrawal af the authority to obligate previously-awarded grant funds
before that authority would otherwzse expire. It also means the vaiuntary relinquishment of that authority by the
PERFORMING PARTY or subgra�ntee. "Tetmination" daes not include: (1} withdrawal of fitnds awarded an the
basis of fhe PERFORMIIVG PARTY's underestimate af the unobligated balance in a prior�period; {2) withdrawai
of the unabligated balance as of the expiration of a granfi; (3) refusal to extend a gr�nt or award additiona! funds ta
make a competing or noncampeting continuation, ren�wal, e�tension or supplemental award; or {4) voiding of a
grant upon determination that the award was obtained firaudulently or was otherwise illegal or invalid frorn
inception.
1.56 Terrns of a grant or subgrant - mean all requirements of the grant or subgrant, whether contained in
statutes, reguiations, ar the Agreament Documenks,
1,57 Third parly in-kind contributions - mean property or services which bene�t a state assisted project or
}�rogram and vvhich are contributad by third parties without charge to the P�RFORM1h1G PARTY, ar a cost-t}rpe
PERFORMING PARTY under the grant Agreement,
1.58 TCEQ - the Texas Commission on Environmental Quality.
1.59 TCEQ Contract Manager -,The individual authoiized to give general Agreement direction to the
PERFORMING PARTY on behalf of the TCEQ. This individuaI is named in par�grap�a 9.8 of Article 9 of this
Agreexnent (relating to Notice). Th� TCEQ Agreement Manager is not authorized to bind the TCEQ in
Agreernent or Agreement amendmen# unless th� TCEQ Executive Director has delega#ed such authority to the
individual named.
1.b0 Undiquidated obligations - for reports prepared fln a cash basis rnean the amount of obligations incurred by
the PERFORMING PARTY that �as not been paid. Reports prepared on an accrued expendiiure basis represent
the amount of obligations incurred by the PERFORMING PARTY for which an outlay has not been recorded.
TCEQ SFG Agreement. Contraet No. 582-3-51315 Page 32 November I5, 2D02
1.61 Unohligaied halance - means the portion of the funds authorized by the TCEQ that has not been obligated
by the PERFORMTNG PARTY, and is deternuned by deducting the cumulative obli�ations from the cumulative
funds authorized. �
1.62 Uniform Grant Managernent Standards (UGMS) - means the Uniform Gxant Management Standards w�ch
were pramulgated by the Texas Governor's Of�`ice of Budget and PIanning pursuant to the Uniform Grant
Conditions a�d 14�anagement Act, Tex, Govt, Code Chagter 783.
J..63 Work - the �ntire completed services or t�e variaus separately identif ahle parts xhereof required to be £ur-
nis�ed under the Agreement Documents. Wark incl�des and is the resu�t of performing or furnishing labor,
services, materials or equipment as required by ihe Agreement Documants.
1.64 YYork plan - A work plan agreed upQn: and submitted to or by the PERFORMING PARTY in accordance
with the Statement of Services Section . The work plan consists ai the nuzx�ber af the various vcrork plan activities
or tasks, as listed in Exhibit A-2I : Lacal Air Pragratn Wark plan for the relevani iiscal year together with written
t�chnical descriptions of, equipmenk, schedules, standards & worlQnanship as applied to the Work and certain
administrative details appIieable thereto. The work plan may be from time �o time amended by exchange of
correspondence between the PERFORMTNG PARTY and the TCEQ Projec� �'ield Representative and TCEQ
Contract Manager consistent with the requireznents af Article 6 of the General Gonditions of this Agreement.
1.65 Written .4mentlment - a document signed by PERFORMING PARTY and TCEQ which authorizes an
addition, deletion or revision in the Wark, or an adjust�ment in the Agreerrxent Price or the Agreement Times,
issued on or after the Effective Date of the Agreement.
ARTYCLE �. PRELIM�NAR� MATTERS
Comrnes:cemen� ofAgreement Tr�ttes
2. I The Agreernent Times �uvill cornrnence to run on the Effective Date of the Agreement.
ARTICL� 3. AGREEMENT DOCi1MENTS: INTENT, AMENDING, REUSE
Inte�zt
3.1 The Agreement Docutr�ents comgrise the entire Agreemeni between TCEQ and PERFORMING PARTY
conceming the Work. The Agreement Docurr�ents are complementary; what is called for by one is as binding as if
called for by a1L The Agreement Documenks will be construed in accordance with the Iaws of the State of Texas.
3.2 It is the intent of the Agreernent Documents to describe a functionally complete project (or part thereof� tn be
constructed in aecordance with ihe totaY Agreemeni. Any Work, materials or equiprnent that may reasonat�jy be ,
inferred frotn the Agreement Dacuments or from�prevailing custom or trade usage as being required to produce
the intended result will be fumished and performed whether or not specifically called far. When words or phrases
which have a well-knawn technical or pollution cleanup industry or trade meaning are used to describe Wark,
xnaterials or equipment, such words or phrases shail be interpreted in accardance with that meaning.
3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies:
3.3.1 Reference to standards, specifications, guidance man�ais or codes of any governmental authority or
technical soci�ty, organizatian or association, or to the Laysrs or Regulations of any governnnental
authority, vvhether such reference be specific or 6y implication, shall mean the latast standard,
specification, guidance manual, code ox Laws or Regulations in effect at the time af (th.e Effective
Date af the Agreement), excepk as may be otherwise specifically stated in the Agreerz�ent Dacuments.
TCEQ SFG Agreem�ent. Contract no. 582-3-51315 Page 33 No�emher 15, 2002
3.3.2 �f, during the perforrzzance of the Work, l'ER�'ORMING PARTY discovers any conflict, error,
ambiguity ar discrepancy within the Agreemcnt Documents or between the Agreezxtent Documents
and any pravision of any such Law or Regulation applicable to the pe�rformance af the'Work or any
such standard, specification, guidance zx�.anual or code, PERFORMING PARTY shaIl report it to
TCEQ in writing at once. PERFORMIlVG PARTY sball not pxoceed with the Work affected thereby
(except in an emergency as authorized by these Agreement Documents) until an amendm�nt or
supplenne�at to the Agreement Doeuments has been issued by one of the methods indicated in these
Ag7reement Dacuments; provided, however, that PERFORMING PARTY shall not be liable to TCEQ
for failure to� report any such' conflict, error, ambiguity or d'rscrepancy unless PERFORMING PART�'
knew or reasonably should have known thereaf. � �
3.3.3 Exc�pt as oth.erwise speciiically stated in the Agreement Documents or as may ba pro�idad by
amendment or supplement thereto issued by one of the methods indicated in tlaese General Conditions
of this Agreement, provisions af the Agreement Documents shall take precedence in resolving any
conflict, error, ambiguity or discrepancy betrveen the pro�isions of the Agreement Docurnents and:
3.3.3.1 the provisians of any such standard, speciiicatian, guidance manual, code or inskruction (whethex
or not specifically incorporated by re%rence in the Agreement Documents); or
3.3.3.2 the provisions of any such Laws or Regulations appIicable to the perfarmance of the Work
(unless such an interpretation of the provisions offhe Agreement Documents would result in
violation of such Law or Regulati�n).
3.3.4 No provision of any such standard, specification, gnidanc� rnanual, code or instruction sha�l be
effective to change the duties and responsibilities of TCEQ or PERFORMING PARTY, or any of
their subconkractars, consultants, agents, or employees from those set forth in the Agreement
Documents, nor shall it be effective ta assign to TCEQ, any duty or autharity to supervise or direct
the furnishing or performance of the Work or any other provision af t�e Agreement Documents.
3.3.5 Whenever in the Agreement Documents the terms "as ordered," "as directe�t," "as xequired," `.`as
allowed," "as appro�wed" or terms�of like effect or import are used, or the adjectives "reasonable,"
"suitable," "acceptable," "proper" or "satisfactory" or adjectives of �ike effect or import are used to
describ� a requirement, direction, review or judgment of TCEQ as to the Work, it is intended that
such requirement, direction, review or judgment rvi11 be solely to evaluate, in g�neral, the completed
Work for compliance urith th� requirements of and infarmation in the Agreement Docurzaents and
conformance with the design concept of the completed Project as a functinning whole as shown or
indicated in the Agreement Documents {unless there is a specific statement indicating otherwise}, The
use of any such term or adjective sha�l not 6e effective to assigr� to TCEQ any duty or authority to
supervise or direct the furnish�ng or performance af the Work or any other provision of the
Agreement Docurnents.
Amendirig and SYrpplenter:tingAgreernentD�cutrtenis:
3.4 The Agreem�nt Docurnents may be amended tv provide for additions, deletians and revisions in the Wor1c or
to rnodify the terms an.d conditions thereof i� on.e or more of the following ways:
3.4.1 a� formal Written Amendment, by action of PERFORMING PARTY or his designee and the TCEQ or
his designee.
3.4.2 a Minor Change, by action of PERFORMING PARTY or his designee and the TCEQ or his designee.
3.�4.3 Tt�e TCEQ may from time to time issue re�isiflns to the Exhibits in accordance with provisions
specifically identified in the Scope of Work of t�e Agreement.
ARTICLE 4. PERFORMING PARTY'S RESPONSIBILITIES
�#.1 The PERFORMING PARTY shall be responsible for tke professionai qualify, technical accuracy, timely
TCEQ SFG Agreement. Contract Na. 582-3-51315 Page 34 iYovember 15, 20D2
completion and the coordination of all services and other work fiirnished by the PERFORMING PARTY under
this Agreement.
Supervisivn artd Superintendence:
4.2 PERFORMING PARTY shall supervise, inspect and direci the VVork cornpetently and eificiently, devoting
�uch attentian thereto and applying such skills and expertise as may be necessary to perfor�n the Work in
accordarice with the Agreement Documents. P�RF012MING PARTY shall ba solely responsib�e for the nneans;
methads, techniques, sequences and Qrocedures of the Work. PERFORMING PARTY sha11 be respa�sible to see
that the completed Work complies accurately with the Ag7reem:�nt Docu�nn.ents. �,
PERFORMING PARTY's Representative
4.3 The PERFORMING PARTY agrees to maice arrangements necessary to ensure that the PERFORMING
PARTY Representative, ar somea�ne to whom that gexson has delegated his or her authority, is available at a11
raasonable ti�.es for consultation with the TCEQ. Written uatice of any suci� delega�ion shall be provided to the
TCEQ.
Persottnel
4.4 PERFORMING PA.RTY shall provide competent, suitably qualified personnel to pei-f'orm the Wark as
required by the Agreement Documents. PERFORMING PARTY shall at all times maintain good discipline and
order on the project.
Employmer�t Practices
�1.5 The PER�ORMING PARTY agrees that in the performance of this Agreernent, it will not discriminate
against any employee or applicant because of race, religion, color, sex, age, or national arigin and it will comply
with Executive Order 11246, entitled "Equal Employment Opport�nity," as arnended by Exeautive Order 11375,
and as supplemented in Depa�trnent of Labor Reguiations (41 CFR Part 60}. The PERFQRMING PARTY
assures that no person will, on the grounds of race; creed, coior, disal�ility, national origin, sex, political
affiliation or beliefs, be excluded firom, be denied the benefit of, or ha subject to discrimination under any
program or activity funded in whole or part under this Agreetnent.
A�nericans with Disabilities Act
4.6 The PERFORMING PARTY shall comply with all applicabje requirements af the Atnericans wit�
Disabilities Act of 1990, �2 U.S.C. § 12131 et seq., as wel! as state and federal statutes relating to
nandiscrimination which include, but are nat limited to, those listed in the t7niform Grant Management Standards.
MateriaCs & Equipment
�.7 Unless otherwise specified in the Agreement Documents, PERFORMING PARTY shall furnish and assume
full responsibility for all materials, equipment, labor, transportation, tools, appliances, fuel, power, iight, heat,
telephone, water, sanitary facilities, temporary facilities and all other faci�ities and incidentals necessary for the
furnish'rng, performance, testing, sfart�up ar�d completion of the Work.
4.8 All materials and equipment shall be of good quality and new, except as otherwise provided in the Agreem.ent
Documents. All materials and eqvipzz�ent shall be applied, installed, connected, erected, used, c�eaned and
canditioned in accordance with instructions of the applicable Supplier, exce�t as otherwise provided in the
Agreement Documenis,
Title to and Managenlent of Equipment
�.9 Subject to the obligations and conditions set forth in this Agree�nent, title to all equipment acquired nnder this
Agreeinent shal! vest, upon acquisition ar construction, in the PERFORMING PARTY.
�L.10 The PERFORMING PARTY agrees to canduct physical property inventories, fo maintain property records
TCEQ SFG Agreement. Cos�tract No. 58�-3-51315 Page 3� Navember 15, 2042
and necessary control procedures, �nd to pro�ide adequate maintenance with xespect to all equipmen.t acqui�ed
under this Agreement.
4.11 The PERFQRMII�TG PARTY rnay develop and use its own property management system which must
conform with all applicable Stata and locaj laws, �zles and regulations, Tf an adequate system for accounting for
persanal property owned by the PERFORMING PARTY or its subcontractor is not in place or currently in use,
thc: Property Accounting System Manual issued by the State of Texas General Services Commission �hall be used
as a guide for establishing such a system. _
A.12. Froperty recards must be tnaintained that include a description of the property, a serial number or other�
identification number, the source of praperty, who holds title, the acquisition date, and the cost of irhe property,
pereen�age of federal participation in the cost of the property, the lacation, use and condition of the praperty, and
any ultimate disposition data including the date of disposal and sale price of tha praperty.
4.13 A physica3 inventory of all equiptnent acquired or replaced under this Agreement having a�n initial purchase
price of One Thausand Dollars ($1,000) or mare, shall be conducted no less frequently than once e�ery two years
and the results of such inventories recanciled with the appropriate property records. Property control procedures
utilized by the PERFORMING PARTY shall inciude adequate safeguards to prevent loss, damage, or theft of the
acquired progerty. Any ioss, damage or theft shall be investigated. The PERFORMING PAItTY agrees to
develnp and catry aut a program of property maintenance as necessary to keep both originally acquired and any
replaeed property in good candition, and tn utilize proper sales procedures to ensure the highest possible zetuz�, in.
the event such equipment is so1d.
�.1�} All equipment acquired or repIaced under this Agreement shall be used for the duration of its normally
expected useful life to snppart the pnzposes of this Agreement r�hether or not the original projects or pragrams
cantinue to be supported hy federal or state funds.
4.15 Subject to the provisions of this Article, if no longer needed for the support of the authorized projects or
programs referred to in paragraph 4. I4 of this Article, eguipment acyuired under tnis Agreement, whether original
or replaceme.nt, nnay be used in sup�ort of other activities currently or previously supparted by the St�te or TCEQ, _
or alter�ative�y, znay be made availahle for use on other projects vr pragrams, _providing such ather use wi�l not�
�nterfere with the work on those projects or programs for which� such equipment was ariginally acq�zired.
�.16 The PERFORMING PARTY may for the purpase nf replacing various equipment utilized under this
Agreement, either trade in or sell the equipment or propet-ty referred to in paragraph 4.9 and use the proceeds of
such trade-in or sale to offset the cnst of acc�uiring needed replacement praperty.
4:17 If any equipment acguired or replaced under this Agreement is sold or transferred within six years af the
initiation date of the Agreement, the PERFORMING PARTY agrees that the TCEQ is entitled tn a share of the
proceeds from such sale, pravided #he fair market, per-unit value of the property at the time nf the sale is in excess
of one thousand dollars ($1,000). The TCEQ's share of the sale proceeds sk�all be the same percentage as was the
funding provided under this Agreetaaent that enabled the ariginal purchase in question. Equypment that is nn
longer needed and that has a fair market, per-unit value of one thousand dollars ($1,000} or less may be retained,
sald, transferred, or otherwise disposed of with no iurther obligatio� to the TCEQ, provided the requirements set
forth in this paragraph 4.18 and paragraph 4.19 are followed. If the equiprr�ent has a fair m.arket, per-unit v�lue of
one thousand dollars ($1,000} ox more and Iess than_six years has elapsed from the initiation of the Agreeirient,
the PER�ORMING PARTY or the subcontractor rrzust contact the TCEQ for fmal disposition instructians. ..
4.18 If prior to the termination date of this Agreement, the P�RF'ORMING PARTY or its subcontractors or
subgrantees detercnine that any equipment acquired with funds prot+ided as a result of this Agreement is no langer
needed for support ofthe programs or prajects refened to in paragraph 4.14, the TCEQ may require the
PERFORMING PARTY to transfer title and possession to such equ�ptnent ta the TCEQ or a third party named by
the TCEQ.
4.19 T'he PERFORMING PARTY agrees that if a determination is rnade within six years of the initiation date of
this Agreement that any equipment acquired with funds provided as a result of this Agreement is no longer
needed far support of the progranzs or prajects referred to in paragraph 4.l4, the TCEQ has a right to require the
transfer of any equipment having a fair market, per unit �+alue of moxe than one thousand dollars ($1,000} to the
TCEQ SFG Agreement. Contract EVo. 582-3-51315 Page 35 November 15, 200Z
TCEQ or a third party named by tk�e TCEQ.
4,20 The PERFORMING PARTY shall not grant or allaw to a third party a security interest in any original or
replacem�nt equipment purchased ar construeted witi�. fivads made available to PERFORM.ING PARTY under
this Agreement.
4.21 The PERFORMING PARTY agrees that, in the eveni any funds provided under this Agreement are in turn
at�varded ta any subcontractor for the purchase or acquisition of any equipm�nt hy such other party, the
PERFORMING PARTY's Agreement with that subcontractor shall include the requirements set forth in these
General Conditions. � �
Substitutes and "or Equal"Items:
4.22 Whenever an item of material or equipment is s�ecified ar described in the Agreement Documents by using
fhe name of a proprietary item or the nam� of a particular Supplier, the speci�cation or description is intended ta
establish th� type, functian aud q�ality xequired. Uniess the speci�cation or desexiption contains or is followed hy
vvorc�s reading that no like, equivalent, or "or-equal" item ar no substitution is permitted, other �tems of material
or equipment of other Supp3iers may be accepted by TCEQ.
4.23 Substitute Methods ar Procedures: If a speci£�ic nneans, method, technique, sequence ar procedure is skown
or indicated in and expressly required by the Agreement Dacuments, PERFORMING PARTY rnay furnish or
utilize a substitute rneans, method, technique, sequence or procedure acceptable to TCEQ. PERFORMING
PARTY sha31 submit sufficient information to allow TCEQ, in TCEQ's sole discretion, to determine that the
substitute proposed is equivalent to that expr�ssly called for by ihe Agreement Documents.
Concerning Subcontractors, 5uppliers and Others
4.24 All Agreementual expenditures using funds provided under this Agreement shall meet all procuretnenf lavvs
and regulations a�plicable ta the PERFORMING FARTY and any subcontractor or subrecipient and the Uniform
Grant and A$ree�nent Management Act, the Uniform GranYManagement Standards; and, as applicable, 48 GFR
Part 31, and the Professional Services Procurement Aci. Note that comp'etitive bidding will generally be required
for Agreements other than inter�ocal and interagency Agreements, which are under TEX. Gov. CODE, Chapter
791 et seq. Note also that the Common Rule of OMB Circular A-102, as adopted in the Uniform Grant
Management Standards, precludes the use of the cost plus a perce�tage of cost method of Agreementing.
4.25 All subgrant agreements must be in �t�vriting and must be apprQved by t�e TCEQ. The standards and
requirements far reimbursements and s#andards far performance will be incarporated into the subgrant agreernents
as well as other provisions required by this Agreement. The PERFORMING PARTY shall forward a�y proposed
subagreement providing services under this Agreement to the TCEQ prior �a execution of the suba�reemertt. The
TCEQ may, within twenty-one {21) days of receipt of the proposed subagreement, prQvide �u+ritten notice {fax
acceptable) to the PERFORMING PARTY questioning whether the subagr�ement is for a legitimate purpose
relating to t�e satisfaction of this Agreement or has been procur�d in accordance wrth the minimum standards of
the UGCMA and UGMS. The PERFORMING PARTY shall not enter into a questioned subagreement until the
TCEQ has wikhdrawn all questians raised in the notice. Neither the TCEQ's failure to question a sUbagreement
nor its subsequent withdrawal of any questi6ns raised_regarding a subagree�nent sha11 in any rvay imply the .
TCEQ's approval� of ihe subagreement's purpose or mekhod. of procureznent of the subagreement. Further, the
terms of this pravision do not in any way res#rict khe TCEQ's rights under this Agreement to s�tbseq�ently refuse
reimbursement for expenses incurred pursuant ta the suba.greement. The PERFORMING PARTY tnay require a
bid band to protect the local and state interests by assuring that a bidder wiil, upon acceptance, execute aIl
required Agreementual documents within the time period specified.
4.2b No employee, officer or agent af the PERFORMING PARTY shall participate in �election, or in the award
ar adtx�inistration of a Agreement supported by State funds if a conflict of interest, real or apparant, would be
invalved. Such a conflict arises when:
4.26.1 The employee, officer ar agent,
4.26.2 Any member of his immediate family,
TCEQ SFG Agreement. Contract No. 582-3-513i5 Page 37 Novem6er 15, 2042
�.26.3 His or her partner, or
4.25.4 An organization which emplays, or is abaut to employ any of the above,
has financial or other interest in the subcontit�actor selected. The afficers, employees or agents will neither solicit
nor accept gratuities, �avors ar anything of monetary value fram Agreement�rs, potential Agreementors, or parties
to SubAgreements. To the exten.t permitted by State or Iocal law or regulations, such standards of conduct v�rill
provide %r penalties, sanctions, or other disciplinary actions for violations of st�ch standards by the
PERFORMING PARTY of�cers, employees, or agents, or by AgreerAaentors or their agenis. 5ee Unifozxn Grant
Management Standards, Part IIT, Sub}�art C, Sec,_.36(3). �
4.27 The PERFORMING PARTY sha11 he responsible for the management and fiscal monitor�ng af ail .
subcontractors and subgrantees. The PERFORMING PARTY shall moniior its subcontractars and subgrantees to
ensu�re that the subcontractors and suhgrantees are operating cons�stently with applicable laws and regulations,
applicable Agreez�entzng policies, and these Agreement Documents. The PERFORMIlVG P.A.RTY shall ensure
that all subco�tractars and subgrantees cornply with all recording keeping and access xequirements set forth in
these Agreement Dacuments. The TCEQ resen+es the right to perform an independent a�dit of all subcontractors
and subgrantees. PER�'ORMING PARTY, subcontractors and subgrantees shall maintain detailed records.
4.28 Funds provided by the TCEQ pursuant to this Agreement that are paid to the subcontractor shall be used by
the subcontractor solely ta satisfy the purpases af the Agreement.
Procurements and Subgrants
4.29 Al! Agre�rnentuai expenditures involving agreernents with entities defined as subrecipients under UGMS
shal! be subject to the cost principles listed in §_.22 of the Common Rule af OMB Circular A-102 for the
applicable subrecipient type. Any such agreement �rith a for-profit entity requires a cost analysis and shall foilow
the cost principles in 48 CFR, Part 31.
4.30 All Agreementual expendiiures involving purchases from enkities de�'insd as vendors under UGMS shaSl be
mac�e.according to the requirements relating to procurement in Sec._.3b af the Comman RUIe of OMB CircuIar
A-102, as adogted in the Unifarm Grant Management Siandards. �
4.31 PERFORMINC PARTY shalj perform a cost or price analysis in connection with a!1 subagreements zn
excess of $2,Q0� which are nnt cotnpetiti�ely procured. A cost analysis wiSl also be required when adequate price
competition is lacking and for sole source procurements, unless the reasonab�eness of the price can be established
on the basis of a cata�ag or market price. Failure to follow these requirements for providing the greatest possible
cornpetition in a procurement are graunds for disallowance oi cosks for reimbursement.
4.3 L 1 A11 subagreements with subrecipienis or vendors which are paid on the basis of the subreeipient's or
vendor's costs require a cost analysis. In addition, all subagreernents which have not been procured
by a method requiring price cnmpe�ition, and all subagreement modi�cations (or Change Orders),
require a cost analysis unless price reasonableness can be established on the basis of a catalag or
market price of a commercial product sold in substantiai quantikies to the general public or iaased on
prices set by law ar regulatian. Cast {or prices based on estirnated costs} are allowable only to the
e�ctent that they are consistent with the cost principles listed in §_.22 of the Common ILule of 4MB
Circular A-102 for the appiicable subrecipient or vendflr type.� Specifically, the cast principles of 48
CFR Part 31 are applicable for-pro�t entities.
4.31.2 PERFORMING PARTY shall negotiate profit as a separate elernent of the prica in a11 subagreements
with subrecipients in which profit is aliowed, and ali subagzeements with vendors which require a
cost analysis to be performed. 1'ERFORMING PARTY may negvtiate profiF as a separate element of
a 1ump su�n Agreennent price, or as a£�uced fee to be paid in addifion to reimbursement of actual costs
ineurred. All lump sum subagreements negotiated on the basis of a cost analysis shal! contain a
clause providing for a reduction in tke amount to be paid in khe event that cost data used in
negotiatzng the price is defective or not current. PERFORMING FARTY shall not enter inta a
subagreement with a subrecipient or a v�ndor which is to be paid on the basis of cost pius a
percentage af costs.
TC�Q SFG Agreement. Contract No. 582-3-5I315 Page 3S No�ember 1S, z002
�4.32 All subgrants awarded by the PERFORMIIVG PARTY under this Agreement shall be in accordance with
Chapkec 2259 Texas Governtnent Cade and 1'art II� Suhpart C, Sec._.37, Subsection (b} ofUGMS.
4.32. I All subgrants� awarded by the PERFORMING PARTY under this Agreement will be awarded vn ihe
basis of corz�.petitive appIications and proposals when feasible. The appIications and proposals will be
evaluated utilizing criteria including cost comparison, probable quality of goods or services and past
performance. Upon requ�st, PERFORMING PA.RTY �t�st pro�ide evidence to support the selectzan
. and award.
4.32.2 Payments by PERFORMING PARTY �o subgrantees will be solely for r�imbursement of actual �
allowable costs utilizing the same standards and requirements as the reimbursement payments fram
TCEQ to PER�ORMING PARTY set ouf in this Agreetnent. No subgrant will be made on a fixed-
amount af cost reimbursement unless this nnethod is specifically approved by the TCEQ based an
supporting evidence ofproposed subgrantee's actual costs.
Histnricall� Underutilizerf Businesses (HUBs):
4.33 PERFORMING PARTY agrees that qualif ed HUBs shall have the znaacimum practicable opportunity to .
participate in the perfarrnanee of ihe Work.
4.34 pER�'ORMING PARTY will submit a completed HUB/MWBE PROGRESS ASSESSMENT REPORT,
containeci in Farm B-1, with each quarterly invoice and voucher subtr�itted under the provisions of Article 7 of
these General Conditions af this Agreement, Paymen.ts to PERF�RMING PARTY and Completian of the TCEQ
State Funded Grant Agreement.
4.35 PERFORMING PARTY's failure to comply wit'h this Article shall be grounds for ternaination far cause in
accordance with Article $ of these Gen:erai Conditions of this Agreement.
1'ntellectual Property Reqrstretnents
4.36 Intel�ectual Property � �
4.36.1 Royalties and Patent �'ees. PERFORMING PARTY shall pay all license fees and royalties and
assume aIi costs incident to the use ar passession in the performance of the Work or the incorporation
in the Work of any InteIlectual Property.
4.36.2 Diselosure of Inteilectual Property Produced during the Warlc. PERFORMING PARTY shall
promptly notify TCEQ af all Intellectual Property which PERFORMING PARTY or PERFORMING
PARTY's employees, subcontractors, or subcontraetor's empioyees may produce, either solely or
jointly with others, during the caurse of the Work. In addition, PERFORMING PARTY shall
promptly notify TC�Q of all Intellectual Property to which PERFORMTNG PARTY may acquire
rights in connection with the p�rformance af the Wark. Any notification under this paragraph shall
contain sufficient technical detail to convey a clear understanding of the Intellectual Property, and
sha11 identify any publication, saIe, public use, or impending publication. Pramptly upon requ�st,
PERFORMING PARTY shall supply such additional informativn as TCEQ may requ�st.
�,36,3 If PERFORMING PARTY fails to protec# any Intellectual �ro.perty Rights in iha Intellectual Property _
Rights in �he Intellectual Property Praduced in the course of performing the Work, TCEQ shall have
full authority to protect, assume and retain all Intellectual Property Rights in any an.d all such
Inteliectual Property.
4.36.4 PERFORMING PARTY agrees that PERFORMING PARTY, its agents, an.d its employees shall not
in any manner use, sell, distribute, disclose or otherwise communicate any portion of Intellectual
prapert}r owned by or licensed to TCEQ, except in the course of performing the Work, unless
PERFORMING PARTY has independent Intellectual Property Righis �o such IntelIectual Praperty.
4.36.5 Grant of License. With respect to such Intellectual Property as is (i) ir�corporated in the Work (other
than Intellectual Froperty for which TCEQ already possesses equal or greater In�ellectual Property
TCEQ SFG Agreemen#. Cantract No. 582-3-5Y31S Page 39 November 15, Z002
Rights by virtue afthis Agreement or otherwise), (ii) prpduced by�PERFORMING PARTY or
PERFORMING PARTY's employees, subcontractors, or subcontractor's employees during the
course of perforn�ing th� Work, ar(iii) speci�cally identifi�d in the Supplemental Conditions as
InteIlectual Property to which inte3lectual Properiy Rights are granted pursuant to this paragraph,
PERFQRMING PARTY hereby grants ta TCEQ (i) a nonexclusive, perp�tual, irre�+ocable,
enterprise-wide license to reproduce, publisk�, or otherwise use such Intellecfual Property and
associated use docurt�entation, an.d (ii} a nonexclt�sive, perpetual, ir�evocable, enterprise-wide license
to autt�arize others ta repraduce, publish, or otherwise use such Intellectual Property for TCEQ's
purposes. �
4.3b.6 Modi�cation; Derivative Works. TCEQ shail have the right, in its own discretion, to independently
modify any Intellectual Property to which Iicense is granted herein £or TCEQ's own purposes and
use, through the services of its own employees or independent contractors. TCEQ shall own all
Intellectual Property Rights ta such modifications. PERFORMING PARTY shall not incorporate any
such rnodiftcations into its Intellectual Property for distribution to third parties unless it first obtains a
license from TCEQ. �
4.36.7 PERFORMTNG PARTY sha13 connply with all Laws and Regulations relating to Intellectual Property.
PERFORMING PARTY represents and warrants to TCEQ that PERFORMING PARTY will not
iniringe any Intelleetual Proparty Right of any third party. PERFORMING �PARTY further
represents and warran.ts to TCEQ that in the course af perfotrning the Work it wijl �ot use or possess
any Intellectual Property awned by a third party without paying any required royalty or patent £ees.
PERFORMING PARTY warrants that it has f-�11 title in and owners�ip of the Intellectual Properiy
and any enhancements, updates or other modifications, or that it has full power an.d authority to grant
all licenses granted herein, and that such license use by t�e TCEQ will in no way constitute an
infringement or other viofation of any Intellectual Property right of any third party. The
PERFORMING 1'ARTY warrants that it shall have, throughout any applicable iicense term
hereunder, free and clear title to, or the right to possess, use sell, transfer, assign, jicense, or
sublicense, products khat are �icensed or pravit�ed hereunder to the TCEQ by PERFQRIvIING
PARTY. Except as permitted in the Agre�rn�nt.Dacuments, PERFORNI�NG PARTY shail nat create
or perrnit the creation of any lien, encumbrance,. ar security interest in the Work or any par� thereaf, ,
or any praduct licensed or provided hereunder to TCEQ for which title has not yet passed to TCEQ,
without the prior written consent of TCEQ. PERFORMING PARTY represents and warrants to
TCEQ that neither it nor any other company ar individual performing the�Work is under any
obligation t� assign or give to any third part}r any Intellectual Property rights granted ar assigned to
TCEQ, or reserved hy TCEQ, pursuant to the Agreement Documents.
4.3b.$ To the fuliest extent perimitted by Laws and Regulations, PERFORMING PARTY shall indemnify
and hold harmless TCEQ, and its officers, directors, employees and agents, as more fully specified in
these General Conditions, from and against a11 fines, penalties, claims, damages, losses, demands,
� judgments, settlements, punitive damages, costs af suit, attorneys' fees and delays to the cantractors,
whet�er arisin.g in tort or otherwise, and whether the parties are individually or jointly respon.sible
from any da�x�.ages, that arise out of, result from or relate to any infringement of property, coniractual,
or employment zights ar Intellectual Property Rights incident to the use in the perforjnance of the
Wark or resulting from the incorporation in the Wark of any Intellectual 1'roperty. PERFORM�NG
PARTY agrees that ii will make no settlemen� which prevents TCEQ fro�n continuing use of the
Intellectual Praperty without TCEQ's priar written approval.. Ir� all events, TCEQ shall have the right
to participate in the d�fense of any such suit or praceeding through counsel of its awn choosing.
Technology Access C,�ause
4.37 PERFORMING PARTY expressly acknowledges that state funds may not be expended in connection with
the purchase of an automated information system unless the system meets certain staf.utoty reqnirements under
section 2157.OQ5 of the Governrnent Code, relating to accessibility by persons with visual impairments.
Accordingly, ihe PERFORMING PARTY represents and warrants to TCEQ that the technology provided to
TCEQ far purchas� is capable, either by virtue of features included within the technology or because it is readi�y
adaptable by use with other technolagy, af (I) providing equivalent �ccess for effective use by both visual and
nonvisual means; (2} presenting information, including gzompts used for interactive comrnunications, in formats
TCEQ SFG Agreernent. Coutract No. 582-3-51315 Page 40 November 15, 2002
intended for nonvisual use; and (3) being iu�tegrated into networks for obtaining, retrieving, and disseminaiing
information used by individuals who are not blind or visually irripaired, For purposes of this paragraph, the
phrase "equivalent access" means a substantially simiiar ability to communicate with ar make use af the
technology, either directly by features incorporated within the technoIogy or by other reasonable means such as
assistive devices or services vc,hich would constitute reasonable accomnnodatzans under the Americans with
Disabilities Act or similar state or federal laws. Examples of inethods by which equivalent access may be
provided include, but are not limited to, keyboard alterr�ati�es to mouse commands and other means of navigating
g,7raphical displays, and customizable display appearance..
4.38 PERFORMTNG PARTY will include i� a11 subcontracts a provision similar in effect to the following Year
2000 Warranty. PERFORMING PARTY also warrants that, with respect to work gerformed under this
Agreement, that a11 Work is Yeax 2000 Compliant when used in accordance with the applicable documentation,
provided that all products used in combination with it (but not themselves included in or vYith or incorporated into
the Work) prop�riy exchan�e date data with the Work. PERFORMING PARTY warrants that the Wark meets all
applicable standards of the Texas Department of Tnfdrmation Resources relating to the Year 2000 Compliance. In
the event any work performed under this Agreement is not Year 20Q0 Cornpliant az�d the PERFQRMING PARTY
is pro�vided written natice thereof, PERFORMFNG PARTY shall, at its sale expense, immediately cause such
wor% ta become Year 2000 Cornpliant in a manner that will minimize interruption to ongoin� business pxocesses,
time being of the essence.
�}.39 The PERFORMING PARTY shail include provisions adequate to effectuate the purposes of this paragraph
in all subcontracts under this Agreement in the course of which Inteliectual Praperty may be produced or
acquired.
Perjrelts
4.40 Unless otherwise provided in the Agreement Documents, PERFORMING PARTY shall obtain and pay for
all construction permits and Iicenses. PERFORMING PARTY shall pay al! charges of utility owners far
connections to the Work, and PER�'ORMING PARTY shall pay all charges of such utility owners for capitaI
cos�s related thereto such as plant investment fees, � � �
Laws and Regulations �
4.41 PERFORMING PARTY slaall give all notices and comply with all Laws anc� Ragulations applicabte ta
furnishing and p�rfnrmance of the Work. Except where atherwise expressly required by applicable Laws and
Regulations, TCEQ shall not be responsible for monitoring PERFORMING FARTIr's campliance with any Laws
or ReguIatians.
4.42 If PERFORMING PARTY performs any Work knowing or having reason to know that it is contrary ta
Laws ar Regulations, PERFORMING PARTY shall bear aIl claims, costs, losses and damages caused by, arising
out of or resulting therefrom.
Uniforrn Gran1 and Agreement Management Act
4.43 The provisions of Uniform Grant and Agree�zzent Management Act, T�x. Gov. CODE, C�aapter 783 applies
to .this Agreemer�t, all amendments thereto, and all subcontracts and subagreements. Compliance with the �
conditions and requiremen#s eontained therein is necessary far the satisfactoty performance of the services and
work required under this Agree�nent.
Energy Efficiency 5tandards
4.44 The PERFORMING PARTY shall fallovv standards and policies on energy efficiency which are contained
in the Texas State Energy Conservation Plan issued in compliance with federal requirements.
Taxes
q�.45 Whete appIicable PERFORMING FARTY shall pay all sales, consunaer, use and other similar taxes
required to be paid by PERF'ORMING PARTSC in accordance with the Laws and Regulations in connection with
TCEQ 5FG Agreement. Contract No. 582-3-51315 Page ql Navember 1S, 2pD2
the work required by this Agreement.
Records, Documents, Data, Access, ar�d Audit
4.46 The PERFORMTNG PARTY shall rnaintain books, records, documen.ts, and ather evidence reasonably
pertinent to performance nf the Work and requireme�:ts of the Agreement Documents, including the Agre.ement or
amendments thereto. All f�nancial records shal! be xn�aintained in aacordance with generally accepted accounting
principles, the Uniform Grant Mainagezn.ent Staz�dards and these Agreement Documents. The PERFORMING
PARTY s�iall also anaintain the fiz�ancia� informafion and�data used in Che�preparation or support of arzy request
far reimbursement (direct and indirect}, price or profit analysis for this Agreement or any subagreement or �
subcontract and a copy af any cost information or analysis submitted to the TCEQ. The TCEQ, Texas State
Auditor's Of�ce, ar any of their auiharized representatives shall have access to all s�ch books, records,
documents and other evidence for the purpose o£revie�v, inspection, audit, excerpts, transcriptions andlor copying
during normal business hours. The PERFORMING PARTY shall provide proper iacilities far such access and
inspection.
4.47 The PERFORIVIING PARTY agrees that all record keeping and access requirements shali be applicable to
all subcontracts and subagreemen�s.
4.48 The PERFORMING PARTY agrees ta the disclos�re of all ir�formation and reports resulting frozn access to
records under this A�reement.
�.49 Records under paragraph 4.46 and 4.47 of this Article shall be rnaintained by the PERFORMING PARTY
during performance of Work under this Agreeznent, and far £'ive (5) years for records re�ated to sources
investigated and for three (3) for all ather recoxds after %nal payments, final expenditure reports and all other
pending matters are closed. If any litigation, claim, negotia�ian, audi�, cost recovery, or other aciion {including
actions conceming costs of items to which an audit exception has been taken) involving such records has been
started before the �xpiration c�f the specified period, such records must be retained untiS campletion of the action
or resolution of all issues which arise frorrz 'rt, or until the end af the regular specified year period, vvhichever is
latex.
�4.50 Access to records is not Iimited to the z'equired retention periads. The entities designated in paragraph 4.4b
shall have access to records at any reasonable time for as long as the records are rnaintained.
4.51 This right-of-access article app�ies to financial records pertaining to t�is Agreament and all subagre�ments
and amendm�nts. In addition, tlnis right of access artiele applies ta all records pertaining to this Agreement and all
suba�reements and amendments:
4.51.1 to the extent the records pertain reasonably to Agreernent or subcontract p�rformance;
4.51.2 if there is any indication that fraud, gross abuse, ar carruPt practices may be involved; or
4.51.3 if the Agreeznent or subcontract is ter�ninated for default or for convenience.
Data and Pu6lieity
�4.52 All .data and other information developed under this Agreement shall.be furnished to the.TCEQ and shall be
public data and information except ta the extent that it is exempted from �aublic access by the Texas Public
Tnformation Act, TEx..Go�T. ConE § 552 ("Act"). Upon termination of this Agreement, all copies of data and
infarmation shall he fu�-c�ished, at no charge to tha TCEQ, upon request, ta include data bases prepared using
funds provided under this Agreemen�, and become the property af the TCEQ, Except as ot�ierwise provided by
these Agreement Documents or the Act, the PERFORMING PARTY shall not pror+ide data generated or
otherwise obtained in the performance of its responsibilities under this Agreement to any party ather than the
State of Texas and its autharized agents.
�.53 The PERFORMING PARTY agrees to notify and abtain the �erbal approval of TCEQ prior io xeleasing any
informatian ta the ne�vs media regarding the activitie� being conducted under this Agreement.
Safety and Protection
TCEQ SFG Agreemen� Co�tract No. 582-3-51315 Pa�e �2 November I5, 2002
4:54 Where appiicable, PER�'ORMING PARTY shall b� respansible for r�quiring subcontractors and
subg�rantees to maintain and supervise all necessazy safety precautions a�d programs in connection with the Work.
PERFORMING PARTY shall take all necessary safety precautions.
Independent Agreementor �
4.55 In performing any services hexeunder, the PERFORMING PARTY is, and undertakes performance as, an
independent contractor. '
Lob6ying Activities � . �
4.56 As set forth in these Agreement Documents, and in accordanee with the Uniform Grant Management
Standards, and State latxr, PERFORMING PARTY shall not use funds provided under this Agreement to support
palitieaI aetivity either directly or indirectly. �This prec3usion includes funds paid in reimbursetnent of direct or
indirect casts.
Perfarrnunce Repo�ts
4.57 In accordaiice with the Unifornt Grant Management Standarcis, the PERFORMING PARTY shalI submzt
written progress reports documenting all activiiies during a quarter pursuant to the schedule of daliverables set
forth in Part B Deliverables af the 5cope of Work- Section O100Q of this Agreez�n.ent. In the absence of a schedule
in work plan, the PEItFORMING PARTY shall sub�it the reports nat later than thirty (30) days after t�e clase of
each quarter. The'reporting periods shall cot7respond to the State ofTexas fiscal year (September-Navember;
December-Febrt�ary, March-May; 7une-August). �
Accounting Systems -
4.58 The PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with
generaily accepted accounting standards ar princip�es and complies with applicabie State law, regulations, and
pqlicies relating to accounting standards or principles. The PERF�RMING PARTY must accaunt for costs in a
manner consistent with such standards or principles. � �
Indepentlent Financial Atrdit
�,59 The P�RFORMING PARTY shall engage an independent financial auditor and con.duct an annual audit of
the Q�RFORMING PARTY'S financial statements in accordance with the Single Audit provisians of UGMS and
4.59.1 All te�rns t�sed in eonnectior� with audits in this Agreement shaIl ha�e the definitions and m.eanings
assigned in the Single Audit Circular in UGMS.
4.59.2 I'ro�visions of the Single Audit Circular in Part N of UGMS shall apply to all non-state gavernment
entities expending the funds of this grant, whether ihey are recipients, receiving t�e fitnds directly
frorn the TCEQ, or are subrecipients, receiving the futtds from a pass-through entity (a recipie�t or
another subrecipient}. In addition,.the PERFORMING PARTY shall require the independent a�ditor
� to supply a!I audit wark papers substantiating the work performed, at th� request of the TCEQ or its
designee. �
Exceptions in Audit
4.593 TC�Q is required to take action on exceptions noted in an audit of PERFORMING PARTY's
financial records. Tharefore, PERFORMING PARTY a�rees to submEt to TCEQ a copy of the report
of any audit conducted of the PERFORMING PARTY's �nancial records within 20 days of receipt of
PERFORMING PARTY's receipt of an audit report. At the same fime, PERFORMING PARTY wiIl
also provide a statement containing an explanation of the conditions giving rise tn each exception in
the audit report as well as a plan for correction af any signiiicant def ciencies in PERFORMING
PARTY's operations or Agreement performance. TCEQ may approve the statetnent or xeject as
insufficient. At the option af the TCEQ, the PERFORMING PARTY may revise and resubmit, if the
TCEQ S�'G Agreement. ContraM Na. 582-3-51315 Page �3 Novemher 15, 2Q02
statetnent is initialiy or subsequently rejected by the TCEQ with no further opportunity ta revise, the
TCEQ may suspend payments or may terminate the Agreement for cause and may undertake any
other remedies or sanctions provided under this Agreement.
Haza�dous Substances, Waste Disposal and Manifests
4.60 PERFORMING PARTY, subconkractors and subgrantees n�ust comgly with all applicable Laws and
Regulati4ns.
Con, f1'ict of rnreresr_ .
4.61 PERFORMING PARTY shall notify TCEQ immediately upan discovery of any potential or actual conflict
of interest. PERFORMINCr PARTY agree� that TCEQ has sole discretion to determine whether a conflict exists
and that TCEQ may #erzninate the Agreement at any ti�a�e, on the grounds of actual or apparent conflict of intarest.
See paragraph �4.26 of these General Canditions concerning canflicts of interest with suhgrantee�, subcontraetors
and others:
$.62 Notice of Confiict of Interest: The PERFORMING PARTY shall notify the TCEQ in writing of any actual,
apparent, or potential conf�ict of interest regarding any individual performing or bav'ing access to infor�natian
regarding the Work, As applicable, the notification shall include both organizational canflicts of in.terest and
persanal conflicts of interest. Any indi�idual with a persona� conflict of interesi sha11 be disquali�ed fram taking
part in any way in the performance of any wark that created the conflict af interest.
Survival of Obligations:
A.63 All representations, indernnifications, warranties and guarantees made in, requzred by or given in accordance
wi�h the Agreement Documents, as well as all continuing obligations indicated in the Agreement Documents, will
survive final payment, cornpleiion and acceptance of the Work and termination ar completion of the Agreement.
Interest unri Une�rpenaled Funds
4.64 Interest Earned on Grant Agreement Funds. If �ERFORMING PARTY earns any interest from grant
funds, then PERFORMING PARTY is required to handle interest eamed frorn grant funds in the same manner
and under the satnEe conditions as the actual grant funds. This ineludes ai a rninimum, describing the exgenditure
of tSae interest £unds in the plan and budget ofPERFORMFNG PARTY submitted to the TCEQ, and reporting the
act�zal use of that interest to the TCEQ on the financia! reports required under the new grant agreement. Any
interest earned under this Agreement must be expended within sCate fiscal year 2Q02. Any remaining interest
earned under this Agreement which is not expended by August 31, 2003, shall be returned to the TCEQ wikhin
I24 days following the end of £�tscal year 2002 unless TCEQ authorizes an aIternative.
4.65 �Inexpended funds and Interest Remaining at Termination. The P�RFORMING PARTY shall, nvt later than
120 days following termination af this Agreement, or 30 days following submittal af the �nal Financial Status
Report, whichever is earlier, return to the TCEQ any unexpended disbursements andlor reitnbursements
remaining in any accounts containing such funds. By nat later than the sarrie date, the PERFORMING PARTY,
unless aufhorized oth�rwise in writing by the TCEQ, shall return to the TCEQ any retnaining interest earned, in
excess of one hundred c�ollars ($100). Amounts of earned interest less than one hundred dollars ($100) may be
retained by the PERFORMING PARTY for administration expenses.
,ARTICLE S. TCEQ'S RESPONSIBILITYES
5.1 Except as othervcrise provided in these General Canditians, TCEQ shall issue all communicatians regard'zz�g
the Agreernent to PERFORMING PART� through the TCEQ Agreement Manager. All technical instructions
and data shaIl ba issued thraugh the Project Field Representative.
5.2 TCEQ shall furnish any data required of TCEQ under the Agreesnent Dacuments promptly and shall make
payments to PERF�RMING PARTY pursuant to the Agreennent Documents.
5.3 The Agreement Dacum�ents and the Uniform Grant Management Standards contain provisions that provide
TCEQ SFG Agreeme�t. Cantract No. 582-3-51315 Yage 44 No�ember 1S, 2002
for withholding of payment as well as suspension atld termination of the Agreement by the TCEQ.
5.4 The TCEQ shal! nat superc+ise, direct or have control ox authority over, nor be responsible for,
PERFORMING PARTY's means, methods, techniques, sequences or procedures of performing khe Work or the
Safety precautians and programs incident there�o, or for any failure af PERFDRMING PARTY to comply with
Laws and Reg�lations applicable to the fumishing ar performance of the Work. TCEQ will not be responsible for
PERFORMING PARTY's failure io perform or furnish the Work in aceordance with th� AgreemenY Dacumenfs.
ARTICLE G. CHANGES IN THE V�ORK � �
6.1 A Major Change will include one or more af the follovving:
5.1.1 an increase or decrease in the aznount of cozx�pensaiion per wark task to the PERFQRMING PARTY;
6.1.2 an exta�sion or shortening o� the term af the Agreement;
6.1.3 a change in the scope of the Agreement or the services to be performed; or
6.1.4 az�y action that is beyand the authority of the Project Field Representative of the TCEQ.
6.2 Implementation of a major change must be preceded hy a formal written amen.dznent to the Agreement, The
amenclment tnust eontain a descripiion of the pxoposed c�ange. T�e amendment must be signed by persqns
authorized to bind each party in Agreement.
6.3 Any proposed change that is not a Major Change may qualify as a Minor Change. In ac�dition, a delay or
change in the Wark resulting from inclement weather will be treated as a Minor C3aas�ge. A Minor Change does
raot require a forn�al amendment to the Agreement. At his or her diseretian, the Projeet Field Representa�ive of
the TCEQ may require the PERFORMING PARTY to submit a written request far the change and a description
of th:e activity or actian proposed, or may give the PERFORMING PARTY verbal approval for the change. In
either case, no authorization shall be effectit+e unless it is followed by a lettar from the Project �ield
Representative of the TCEQ ratifying the autk�arization. A copy af t�e letter must be retained in the appropriate
file of bath the PERFORMING 1'ARTY and the TCEQ,
6.4 If the PERFORMING PARTY requests a Minor Change and the Project Fie1d Representative of tlie TC�Q
does not appro�e the request as a Minor Charige, then the change shall be deemed a Major Change and the
P�RFORMING PARTY may only obtain authorization to proceed in accordance with Sectifln 6.2 of this Article.
Waiver
6.5 Unless authorized in accordance with these Agreernent Dncuments (ralating to Changes), or in writing by the
TCEQ, no waiver of any obligatian of the PERFORMING PARTY under this Agreement shall bind the TCLQ.
Furthermore, unless speci�et� in the written authorization, the autharized waiver by the TCEQ of s�zch obligatinn
shali rio� constiiute a continuin.g waiver of the obligation. No waiver by the TCEQ �xecutive Director shall
constitute a vtrai�er oi the TCEQ's subseque�t right to demand and receive per�'�rmance within a reasonable time
to be specified by the TCEQ, in accordance r�vith a11 provisions o�thzs Agreement.
ARTICLE 7. PAYMENTS TO PERFORMING PARTY
Payme�it based on Reimbursejrier�t ofActual Cost of Perfarmance .
7.1 Allowable Costs Payments frorn the TCEQ to the PERFORMING PARTY are £or reimbursement of
PERFORMING PARTY°s actual allowabie costs of PERFORMING PARTY's perfarmance. Actual costs
include reasanable and necessary direct and indirect cosks. ASlowable costs axe those deemed allowable by the
TCEQ in accordance with the requirements of this Agreetnent and the following which are hereby inco�rporated
int4 this Agreerz�ent:
7.1.1 Uniform Grant Management Standards prepared and promulgated by the office of the iGovernor of
Te�as;
7.1.2 Rules and guideIines of the office of the Govez-nor af Texas
7.1.3 Allowable Expenditure Guidelir�es af the TCEQ
7. I.4 Applicable z�uIes and policies af the TCEQ
�CEQ SFG A.greement, Contract CVo. 58Z-3-51315 Page 45 No�ember 15, 200Z
7.1.5 Applicable State law
7.1,6 For funds received from a federal governrnent source, applicable federal regulations and law.
Payments hy TCEQ
7.2 PERFORMING YARTY must request paymeni by submitting one copy af an itemized invoica in a format
provided by the TCEQ (Forrn B-3), a properly completed TCEQ PURCHA�E VOUCHER {Form B-2), and such
other fo�nns as the TCEQ xequires. PERFORMING PARTY will also submit any supporting documentation
required by TCEQ. TCEQ will xeview the subrnittal and approve or reject the request for payment.
PERFORMING PARTY must make any revisions required by the TCEQ in order to� gain approval. TCEQ is not
obligated to make payment until the request for gayment is approved by TCEQ,
Fixed-Amvunt Cost Reinzbursement
7.3 In accardance with Chapter 2259 Texas Government Code, all payments by TCEQ to PERFORMING
PARTY are based on rezz�abursez�:�ent of PERFQRMTNG PARTY's actual costs incurzed in pexfoz�noing the Work.
If this Agreement u�ilizes a pre-determined fixed-amaunt of reimbursement, khis annottnt is c�etermined an tlxe
basis of an estimate of PERFORMING PARTY's actual costs of performing one or more of the following:
1) specified service(s) (tasks); ar 2) specified serviee{s} (tasks) during a specified time period; or 3) providing
speci�ed good(s}, or product. PERFORMING PARTY has pro�+ided the esfiimat� oi costs in its Fiscal Analysis
Package (Form B-5) for this grant. The TCEQ relies on the accuracy of that estirriate to cietermine the fixed-
amount af reimbursement. PERFORMING PARTY wi�l provide supporting evidence to estahlish the accuracy of
its estimate of actual costs. PERFORMING 1'ARTY will monitor its actual costs nf performance and provide
TCEQ with a reporE annually to con�irrn that the original estitnate of costs remains accurate. If in fact that
estimate e�ceeds tha actual costs of perfor�nance, TCEQ may recover Che excess amount paid by 1) rej�cting all or
part of any reimbursement requests by PERFORMING PARTY and retaining amounts su�cient for repaymettt;
or 2} by de�nanding and receiving repayment of the amount from PERFORMING PARTY. TCEQ may also use
any other remedies and sanctions a�ailable under this Agreecnent.
Cantractual Costs
7.4 PERFORMING PARTY's contractual costs must comply with allowable casts requirements.
PERFORMING PARTTES which are governmental entities must engage in cantractor selectian on a competitive
basis in aecordance with their established policies. If PERFORMING PARTY has no competitive procurement
poliey or is a privaCe entity, PERFORMING PARTY must generally select contractors by evaluation and
comparison of price, quality of goods or services and past performance.
Cojnparison of Perforniing Party's Casts
7S In accordance with Section 2259.203 Texas Government Code, the TCEQ is required to perform a
comparison of casts reimbur'sed under this Agre�ment. PERFORMING PARTY will provide a report to verify
that its costs of perf4rmance are reasonabiy comparable to prices generally charged for similar goods or services,
Indirect Cost Rate
7.6 If indirect costs are to be paid under this Agr�ement; PERF'ORMING PARTY shaIl also submit an indirect
cost proposal and a copy of an approval document raflecting that the proposed indirect cost rate has been
approved by a federal agency or a�'ederally certified State or local agency.
Duplicatinra o,f'Ef}'art Prohibited
7.7 In addition to the funds provided to PERFORMING PARTY under this Grant Agreement, the TCEQ may
provide futtds to PERFORMING PARTY under a separate Grant Agreement (so that funds of two or rnore TCEQ
grants are funding a single activity of PERFORMiNG PARTY}. PERFORMING PARTY must monitor aIl
activities to ensure that the grant fiands comptement one another and do nat resuit in douhle payments for the
same activity.
Paymerst Request Proeed�res
TCEQ 5�G Agreement. Contract IVo. 58Z-3-51315 Page 46 Novemt�er 15, 2002
7.8 On a quarterly basis, within 3p days after the end of a quarter, the PERF4RMING PARTY shall submit one
copy of an itemized invoice in a format provided by the TCEQ (Form B-3) and �a properly completed TCEQ
PLIRCHASE VOUCHER (Farxn B-2}, in order to obtain payanent far tasks coznpleted under this Agreemen;t.
Completed zequest for reimbursement packages should be mailed or deliwered to the TCEQ Locaj Program
CQntact Manager identiiied in Qaragraph 9.8 of Article 9 of this Agreement (related to Notice). Concurrcnt with
the submittal to the Local Progratr� Coniract Manager, a copy of the same docurn�nts shail be submitted to th�
TCEQ 1'roject Field Reprasentativ� identif ed in paragraph 9.8 of Article 9 of this Agreement (related ta Notice}.
79 The TCEQ Local Program Contact Manager will review the invoices and�purchase vouchers far �'equests for
payment for sezvzees per�ormed as identiiied in Sectian 7.$ of ihis Article and as required in SCOPE �F WOI2K
SECT14N, and will provide written documentation to the PERFORMING PARTY arid khe TCEQ Project Field
Representative that the requesfs are acceptabie or will provide a written �xplanation of wlxy ihe requests or the
�rork identiiied in the requests is unaccepiable. If the requests do nat satisfaetorily dernonstrate the accomplis�-
ment af the required iasks, the TCEQ Local Program Contact Manager and TCEQ Projeet Field Representative
wi11 not authorize payment on the accoiaapanying voucher �ntil such time as deiiciencies have been corrected.
7.10. TCEQ is not obligated to make payment until the request for reimbursement is approv�d by TCEQ.
�'urther, the TCEQ rese�ves the right to suspend payment far any incornplete, ineansistent or in.coz�rect services ar
reports as required by this Agreement until the PER�ORMING PARTY satisfactoz-ily compl�tes, revises, or
corrects such senrices ar reports.
Claseorr#
7. I D When it is detei-mined that all applicable administrative activities and ali required work of the grant hays
been eompleted, the TCEQ shall close oui the award. Within 30 days aiker the e�piratian ar termination of the
grant, the Perfornvng Party must submit a1S fi�ancial, perforimance, and other reports required as a conditian af
the grant. These reports may include, but are not limited to:
7.10.1 AIl perfarmance or progress reports required by this Agreement.
'7.10.2 Financiai Status Repart (Form B=4). �
7.10.3 Final request for payment (including Forms B-1, B-2, B-3).
7.1�.4 Znvention disclosure (if applicable).
7.10.5 $tate-owned property report (if applicable).
7.11 In accordance with the Uniform Grant Management Standards , a PEREORMING PARTY must su�rmit an
inventory oi all state-owned property (as distinet from property acquired with grant funds) for which it is
accountable and request dispQsition instructions from the TCEQ af property no longer needed.
7.12 Within 9Q days af receipt of the reports set forth above, the TCEQ will triake upward or dawnward
adjustments to the allawable costs. The TCEQ agency will make prampt payment to the PER�'ORMING PARTY
for allowable reimbursable eosts. Closeout of fhe grant does not affect:
7.12.1 The TCEQ's right to disallovtir costs and recover funds on tha basis of a later audit or other review;
7.12.2 The PERFORMING PART�'' S obligation to reiurn any funds due as a result of later refunds,
corrections, or ather �ransactions;
7.12.3 Records retention �s required herein; .
7.12.4 Property managernent requiremeuts set forth herein; and
7.12.5 Audit requirements set forth her�in.
7.13 The PERFORMING PARTY must iminediately refund to the TCEQ any balanee of unobligated
{unencumbered) cash advanced that is not autharized to be retained for use on other grant.
7.14 Any funds paid to a Performing Party in excess of the amount to which the Performing Party is �naliy
determined ta be entitled under the terms af the award constitute a debt to the TCEQ. If not paid within a
reasonable period after demanci, tlae TCEQ may reduce the debt by:
7.14. J Making an administrativa offset against ather requests for reimbursement;
7.14.2 Withholding advance payu�ents otherwise due to the 1'ERFORMING PARTY, or
TCEQ 5FG Agreement. Contract No. 5$2-3-51315 PRgB �7 • Novem6er 15, 2002
7.14.3 ather action pemutted by law.
7.15 Except where othe�wise provided by statutes ar regulations, the TCEQ v�+ill charge interest an an overdue
debt in accordance with the Uniform Grant Management Standards. The date from which izaterest is camputed is
not extended by litigation or the iiling of any form of appeal.
7.16 Upon satisfactory completion of the work per#'ormed �aexeu�c�er and prior to final payment unc��r this
Agreement for such work, ar priar to settlement upon termination of this Agreerrient and a5, a condition, thereto,
the PERFDRMING PARTY shalI execute and deliver ta the TCEQ a release af all claims far payznent.of any
£un�s dua and payable by the TCEQ pursuant tn the terms of this.Agreement. Such release shall be conditioned
upon paym�nt of all fund amounts due and payahle to PERFORMING PAItTY under tiiis Agreement, and limited
to only thase cIaims which reasonably could have been foreseen at the time the rejease is executed.
PERFORMING PARTY reserves the right to identify claims to he excluded thereby.
7.17 The PERFORMTNG PARTY shall provide to the TCEQ documentation showing all tasks that have i�een
completed by ihe PERFQRMING PARTY.
7.18 Final Paynnent under this Agreement or settlement upon termination shafl not constitute a waiver of tha
TCEQ's claims against the PERF'ORMING PARTY.
Cast Prnvrsinns Applyit:g Solely ta R�gianal Plan�ing Commissions anrl Councils o,f Government
7.19 The provisions of t�is Paragraph and Subparagz��phs apply salely to P�rforming Parties, Subgrantees and
other Recipients of the funds under this Graz�t Agreement defined as a"RegianaI Planning Cornn�issioza" as
de�ned in Chapter 391 of the Texas Local Government Code, which includes, among others, a Council of
Govea�r�ment. In the event of conflict with other provisions of the Agreement Documen�s, the provisions of this
Article prevail,
'1.19.1 PERFORMING PARTY will comply with aII requirernents and rules to be adopied by the Office of
the Governor of Texas pursuant ta Section 391.009 Texas Loca� Government Code relating to the
operation and oversight of Regional Plapning Camznissions. These rules axe due �ox adoptian on or
about January i, 2000. If thase rules conf�ict with provisions of the Agreement Documents, t�e rules
wil� prevail.
7.19.2 �ERFORMING PARTY wilI comply with the requirement af Chapter 391 Texas Local Government
Code by adopting competitiye procurement methads equivalent to Chapter 252 T�xas Local
Government Code for the purchase of all goods and services. PERFORMING PARTY will notify the
TCE(� upon adoption of these methods.
7.19.3 PERFORMING PARTY will camply with all other requirements of Chapter 391 Texas Local
Got+ernrnent Cod� with special attention to the follo�ving restrictions on the use af funds provided
under this Agreement:
7.I9.3.1
7.19.3.2
7.19.3.3
7.19:3.4
7.19.3.5
7:19.3.b
?.19.3.7
Contracts with or employment of Zobbyists
Lobfiaying activities by employees.
Auto allowance af iner�ibers of t�e governing body
Travel reimbursements at the sfiate�rate �
Alcoho�ic beverages and entertai�ment
Indirect cost rate limitud to 1 S% o� totat direct expenditures
Classification salary schedules and appropriate exempt positions.
7.20 If indirect costs are to be paid under this Agreement, YERFORMING PARTY shall also submit an indirect
cast proposal and a copy of an approval document raflecting that.the proposed indirect cast rat� and an analysis of
the determination for #he proposed indirect cost rate.
TCEQ SFG Agrreement. Contrack No. 582-3-51315 Page 48 No�ember 15, 2pQ2
ARTICLE 8, TERMINAT�UN
$.1 This Agreement sha11 �erminate upon full perFormance of all requireznents contained herein, unless axtended
in writing.
$.2 This Agreement may be terminated in whole or in part by either party in the evant of a rnaterial failure by the
okher party to cornply with the Agreement terms, in accardance with the Uniform Grant Managemexzt Standards:
Provided that nv such termination rnay tae effected unless the other party is given
8.2.1 not less than thirty (3(}} days written notice (deliv�ercd accarding to the notiee requirements of this
Agreement}, and
8.2.2 an opporiunity to cure with the terminating party prior to te�nn:inati.on.
8.3 This Agreement may he terminaied in whole or in part in writing by either party for its convenienca, in
accordance wiil� the Uniform Grant Management Standards: Provided that the other party is given not less than
t�iriy (3U) days written notice (delivered according to the notice requirernenfs of this Agreement} of intent to
terminate. Circwnstanees in which the TCEQ may terrninate fox convenience includa, bui are not limitEd to, the
Texas Legislature's withdrawal of appropriatians for tbis project.
$.4 If either party terminates the Agreernent for a materia! failure tn comply with the Agreement terms under
Sectian 8.2 or for convenience under Section 8.3, an adjustment in the Agreement amaunt shall be made in
accordance with the Uniform Grant Management Standards. �
8.5 Upon a terminatian actiort pursuant to Seciions 8.2 or 8.3 above, tha PERFORMING PARTY shall:
8.5.1 promptly discantinue all se�ices affected (unless the notice directs atherwise}, and
8.5.2 deliver or oth�rwise make available to the TCEQ all data, drar�vings, specifications, r�ports, estimates,
s�immaries, and such other information and rziaterials as may have been accumulated by the
PEItFORMING PARTY in performing this Agreement, whether completed or in the process. �
8.6 If, after termination for failure oFthe P�R�'ORMING PARTY to fulfll contractual obligations, it is
det�rmined that the PERFORMING PARTY had not so failed, the termination shall be deen�ed to have been
effeeted for the convenience of the TCEQ. ,
$.7 If any delay or failure of performance is caused by a force majeure e�ent as described in th� force majeure
Article af this Agreement, ei�her �arty may in its discretian tetminate this Agreement in whole ar part pursuant to
this Article.
Force Majerrre
8.8 A force majeure event shall be defined to include decrees of or restraints by a governmental instrumentality,
acts of Gad (except that rain, wind, flood ar other natural phenomena norinally expecteci for the locality shall not
be construed as an act afGod}, work stoppages due to labor di�putes ar strikes, fres, expiosions, epidemics, riots,
war, rebellian, and sabotage.
8.9 Provided tl�is Agreement has not been terniinated, arid subject ta the con�itions below, if a delay, or faiiure of
performance by either party resuits from the occurrence of a force majeure even�, the delay shall be excused and
the tirne �xed for c.oznpletion of the wark extended by a period equivalen� to the time lost because of the event if,
and to the extent that:
8.9.1 the delay ar failure was beyond the cantrol of the party affected and not due to its fault or negligence;
and
8.9.2 the delay or failure was not extended because of the affected party's £ailuxe to use all diligence to
overcome the abstacle or to resume parformance immediately after t�e obstacle was overcome.
8.10 No time extension shall be gcanted under this Ariicle unless the party seeking relief has notified the other in
TC�Q SFG Agreement. Cantract No. 582-3-5I315 Page �9 Novem6er 15, 20Q2
writing within a reaso�able time after commencement of the event, of the anticipated length and cause af the
delay, the measures taken or to be taken to minimize the delay, and the timetabla by which the 1'ERFORMING
PARTY intends ta implement these measures. The party seeking relieF shall also give writ�en notiae of the en.ding
o£�e event �vithin a reasonable time after the event has ended.
8.11 The TCEQ sball be responsihle f4r costs related to aforce majeure event only iithey are incurred by the
PLRFORNIING PARTY after the �rior wriiten request by the TCEQ Project F'ield Rcpresentative, to incur such
costs in connection with any force majeure event. Neither the TCEQ nor the PERFORMING �ARTY shall have,
and both hereby waive, any claim vc�hatever for any damages r�suIting frozn delays caused by farce majeure
everits. � � '
ARTICLE 9. MISCELLANEOiIS
Co�nptttation of Times:
9.1 When auy periad of time is referred to in the Agreem�nt Documents by days, it will be computed to exelude
the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or
on a federal holiday, such day will be omitted irom the computaiion.
9.2 A calendar day of twenty-four (2�4) hours measured from midnight to the next midnight vuill constitute a day.
9.3 A working day is any day that both the TCEQ and the PERFORMING PARTY are open far business.
Natice of Claim: �
9.4 Should TCEQ or PERFORM�NG PARTY suffer injury or damage to person or property because of an.y er�ror,
omission or act af the other party or o� any of the other party's empioy�es or agents or others for whase acts the
other party is legally liable, clai� will be tnade in writing to the other party within a reasonable time of the first
observance of such injury or damage. The p�rovisions of this paragraph shall not be con.strued as a substitute for or
a waiver of the provisibns_ of any a�plicable statute of limitations or r�pose or sovereign immUnity. �
Professional Fees anaC Court Costs Includ�d:
9.5 �Vhenever reference is made to "c�aims, costs, iosses, and damages," it shall include in each case, but not be
limited ta, all fees and charges of TCEQ, architects, attorneys and other professionals and alS court or other
dispute resolution costs.
Acknoyuledg�ne�it of Financial Support
9.6 The PER�ORMING PARTY s�all acknowledge the financial support of the TCEQ and the State of Texas
whenever work funded, in whole or part, by this Agreement is publicized or reported in news media ar
publications. Ali reports and other documents completed as a part oFth'ts Agreement, other �han documents
prepared exclusively %r internal use within the TCEQ, shaIl carty the following notation on the front cover or
title page:
PREPARED IN COOPERATION WI'TH 2'fi'E
TEXAS COMMISSION �N ENUIRONMEIVTAL QUALITY
The preparation af this report was f nanced through grants frarra the State of Teacas through the Texas
Cammission on Environrnental Quality.
ARTICLE 14. INSURANCE, LIABILITY AND INDEMNIFICATION
I0.1 To the extent permitted by law, the PERFORMING PARTY a�t'ees tQ indemnify and hold hatmless the
TCEQ and all of its employees and officars against and from any and all liability, loss, or damage a�ising out af
the performance of this Agreement. To the extent that any activity conducted by PERFORMING PARTY with
funds provided under this Agreement entails significant risk of loss or injury to individuals and tlurd parties or
their property, the PER�'ORMING PARTY will secure and maintain insurance sufficien.t to protect
'I'CEQ S�G Agreement. Contract No. 582-3-51.315 Page 50 Navember 15, 2002
PERFORMING PARTY and thc TCEQ, and its ernployees and ofiicers again;st claims arising frazn the conduct of
such activities.
10.2 In alj subcantracts and subgrants, PERFORMING P�►RTY shall require its subcantractors and subgrantees
to obtain and maintain, at their own expense, insurance as will protect the subcontractor, the PERFORMING
PARTY and t�e TCEQ, its emplo�ees, and its afficers from all such clairns arising from the performance by the
PERFORMING PARTY's subcontractors or subcantractors' ezxaployees resulting from the functions and services
required under this Agreemer�t, including workers compensation in accordance with T�xas statutory requirements.
Directors and �fficers Insurance Cnverage '
10.3 I'ERFORMING PARTY will purchase and rnaintain Dixectors and Oificers insurance or equivalent
insurance coverage or other financial assurance suffieient to pratect the int�rests of the stat� in the event of an
actionable actar or omission by a director or ofiicer of the PERFORMING PARTY. Within 10 days of the
Effective Date of this Agreement, �'ERFORMING i'ART'Y will submit evidenee of insurance on a certificat� to
be pravided by the TCEQ.
ARTYCLE lI. STANDARDS FOR PERFORMING PARTY'S PERFORMANCE
11.1 In accordance with Chapter 2259 Texas Government Code, the TCEQ is required ta monitor
PERFORMING PARTY's performance under this Agreement. Therefare, PERFORMING P.�.RTY agrees that the
fallowing are appropriate standards for PERFORMING PARTY's perfonnance during the Agreement;
11.1.I Timeliness af Wor[c. Standard: Wark is pravided on schedule. �
11.1.2 Quality and Accuracy of Wor�C. Standard: PER�ORMING PARTY's Work is techraicaliy aecurate
and conforms ta all Agreement requirernents, including the compliance and enforcement standard
aparating procedures, capabilities, and reporting (including direct data entry) in support of the
contracted Scope of Work (Deliverables) activities according to the TCEQ Air and Stage II Exhibits
. in this Agreement. .
11.1.3 Sut�contract Activities. Staniiard: PERF4RIWIING PARTY's subcontract and subgrant activities
comply with a11 TCEQ Agreement requirements regarding subcontracts especially competitive
procurement methads far goods and serviees, usa ofrequired stzbcontract provisions, and monitoring
performance of subcontractors and subgtantees.
11.1.4 Administrative and Financial Uperations. Standard: PERFORMING PARTY's administraiive and
�nancial operations comply with all obligations in law and in the Agreert�ent especially reports,
record-keeping, reimbursernent requests, audits, allawable costs, and restricfed expenditures.
Perforsrrunce �feasures
11.2 TCEQ will monitar PERFORMING PARTY 's performance and evaluate the level of complianee with the
standards utilizing the fallowing performance measures:
11.2.1 Exemplary:. PERFORMING PARTY generally complied with the standarcl cpnsistentl� with _.
specific instances a�outstanding perfonnance of wvork, either through providin� exc�ptional customer
service, providing suggestions on iznprovement of the program and work, or performing in such a
manner that the efficacy of the work was substantially irr�proved o�er the standards. Oecasiona�
deficiencies rnay have occurred which were corrected on a timely basis.
11.2.2 Satisfactory: PERFORMING PARTY generally complied with the stattdard eonsistenf3y; occasional
deficiancies may have occurred which were corrected on a tirnely basis.
11.2.3 Unsatisfactary: Significant deficier�cies have occurre�, or PERFORMING PARTY frequently or
substantially failed to comply with the standard.
TC�Q SFG Agreement. Coutract No, 582-3-51315 Page 51 November 15, 2002
Agreement Monita�ing and Evaluation Report
1]..3 In accordance with Chapter 2259 Texas Government Cade, TCEQ will monitor and evaluate
PERFORMING PARTY's performance utilizing the performance standards and performance measures set ot�t in
this Agreemant. TCEQ will prepara a cumulative r�vritten report of the eval�ation upon termination or expiration
of the Agreamen.t and alsa as frequently as determined appropriaie by the TCEQ.
I 1.3.1 Within 3� days of recaipt oithe FY-2Q42 Annual Perfornaance Evaluation, the PERFQRMING
PARTY shall provide izaformation to the TCEQ, concerning action(s) that will be taken to cozrect any
d�fic'rencies noted in tbe Annual Pe�'orniance Evaluation report. This response v�ill include a�
schedule to bring any deficiencies in the air program activities up to TCEQ standards and will
identify resaurces to accomplish necessary co�rrections.
11.3.2 Within 90 days after receipt of TCEQ comments or as recommended by the TCEQ, the
PERFORMING PARTY shall correct deficiencies and report to the TCEQ any deficiencies that
cannot be corrected within the allocated time-frame. If the deficiencies axe not c�orrected to �he
satisfaction of the TCEQ, in addition to other rights the TCEQ may have against the PERFORMING
PARTY, it rnay result in the TCEQ withhoiding payment to the PERFORMING PARTY for future
air program activities and/or in the PER�ORMING PARTY becorning ineligible for future fitnding,
Schedule ofRemedies available to the TCEQ
11.4 In accordance with Chapter 2Z59 Texas Government Code, the fallowing Schedule of Remedies applies to
this Agreement in the event of suhstandard perfoz�nance or other failure to conform to the requirements of th�
Agreement or applicable law.
11.�.1 Reject substandard per%rrnance and reques� eorrections without charge to the TCEQ.
11.4.2 Issue natice of substandard perfat�nar�ce or other non-conforming act or omission.
l 1.4.3 Request and receive return oi any over payments or inappropriate payrnents.
11.�},4 Reject reimbursement request and suspend payment pending accepted revision of substandard
per�ormance or non-conformity.
11.4.5 Suspend all ox paz� of the Work a�ndlor payments pending accepted revision of substandard
performance or non-conformity.
11.4.6 Reject reimbursement request and withhald all or partial payments. Funds may be retained by the
TCEQ for recovery of administrative costs or returned to funding source as autlaorized by agreements
wiih tne funding source and by state or federallaw.
11.4.7 Tertninate the Agreement, demand and receive: return of alI equipment puzchased of Agreement
funds, return of all unexpended funds, and repayment of expended fitnds.
Sa�etfons for Suhstandarrl Perforniance
11.5 If the TCEQ evaluation finds PERFORMING PARTY's performance to be suhstandard, TCEQ may provide
its written evaluation repart to other governrnental entities at any time. TCEQ may alsa provide its �vritten
evaluation report to the puhlic as authorized by law.
Curnulative Remedies
11.6 The TCEQ may avail itself of any remedy or sanction provided in this Agreernent or in lavv to recover any
Losses rising fram or caused by �he PLRFORMING PARTY's subst�ndard performance or any non-conformity
with tk�e Agreement or the law. The remedies and sanctians available to TCEQ in this Agreement shall not li�it
the remedies avaiiable to the TCEQ under law.
TC�Q SFG Agreement. Contract No. 582-3-51315 Page 52 Novem6er ] 5, 2D02
11.7 The duties and obligations unpased by these General Conditions and the rights and reinedies available
hereunder to the parti�s hereto, and, in particular but vvithout limitation, the Schedule of Remedies, obligations
impased upon PERFORMING PARTY by t�ese General Conditions, and al! otlter rights and remedies available
to TCEQ thereunder, are in addition to, and are not to be conshued in any way as a limitation of, any rignts and
remedies available to any or all of thezn whieh are athecw�se imposed or a�ailabl�, by Laws or Regulations, by
special warranty ar guarantee or by other provisions of the Agreement Documents, and #he provisions of this
paragraph will be as effective as if repeated speciiicaIly in the Agreement Documents in connection with each
particular duty, obligation, right and remedy to which they apply. _
END OF GENERAL CONDIT�ONS
TCEQ 3FG Agreement. Contract No. 582-3-51315 Page �3 November 15, 2002
C'i�y of'1�'o�°t Worihs T'exas
�y��� �r�� ����c�d ��r����y��t���
DATE • REFEREMGE NUMB�R LOG NAME PAGE
9124102 **�07 �2�9 I 52TCEQ 1 0#' 2
SUBJECT INTERL�CAL AGREEMENT WITH THE TEXAS COMMiSSIQN QN ENVIRONMENTAL
QUALiTY FaR FY2002-20Q3 AIR PD�L.UTION CONTROL SERVICES
REC�MMENDATION:
It is recommended that the City Councii:
1. Au#horize the City Manager to execute an �r�terlocal Agreement with the Texas Commission on
En�ironmental Qu�lity (TCEQj, former�y the Texas Natura� Resource Conservation Commission, in
the amount o� $271,222 per year, for air pollution cantrol services; and
2. Aufihorize this agreement to begin September 1, 20D2, a�d expire August 31, 2003; an�
3. A�thorize a non-int�rest bearing inter-fund loan from the Environmenfal Management Fund to th�
Grar�ts Fund in #he amount of $67,806 'for interim financing for this agreement; and
4. Autharize the use of $133,587 from t�te General Fund as an in-kind match for this agreement ; and
5. Adopt the attached appropriatior� ordinance increasing estimated receipfs and appropriations in the
Grants Fund by $271,222, s�bject to r�ceipt af a fully execu#ed agreement; and
6. Apply indirect cosfs, applying the mast recently appro�ed rate of 16.88% for the Environmenial
Management Depar#ment, not to exceed $40,760 per year which is included in ihe an�ual
agreement amount of $2i1,222.
D15GUSSION:
Since FY1991-1992, the City has entered into an annual Interlocal Agreem�nt with TCEQ for the City to
pro�ide c�rtain air-paflutian cantrol s�rvices within Fort IlVorth. The services prov�ded include complaint
investigatian, new source review.and comment, annual inspections at Vala#ile �rganic Compound
sourc�s, insp�ction of used car dealerships, and Stage II Vapor Reco�ery System inspections at area
gas stations.
The City must provide matching funds such that the combir�ed federal and state share of t�e total
fun�ing for the City af Fort WarEh Air Poll�tion Control Program shall not exceed 67°Io. The matching
fun�s must be allocated per maintena�ce of effart requirements for federal air poflution grants. A
partion oi the $244,871 air quality section budget adopfed for FY2002-2003 will be used as the required
in-kind match,
Upon approval, City funds will be expended before receipt of funds.
C'ity a�.F'o�t �i'o�t�i, Texas
�r��� ��� ��ur�c;l ���������t���
DATE REF'�RENGE NUMBER LOG NAME PAGE
9124102 -**�o19Z�g 52TCEQ 2 af 2
suBa�cT INTERLOCAL AGREEMENT W1TH THE TEXAS COMM�SSION ON ENVIR�NMENTAL
QUALITY FOR FY2002-20Q3 AIR P�L1�l1TION CONTROL SERVICES
FISCAL INFORMATION/CERTIFICATION:
TFte �inance Director certifes that upon appro�al of t�e abo�e recommendations, arud �doption of the
attac�ed appropriation ordinance, funds will be a�ailable in the curren# aperaiing hudget, as
appr�priated, in the Grants Fund. Upon execution ofi ihis agr��ment, #he inter-fund loan of $67,806 will
be r�turned to �he En�iranmental Managerr�ent �und.
«ii�A,^
Submitted for City Managar's
Oftice by:
Li6by 1Watson
OriginafingDepartment Head
Brian Boerner
$ 67,806.OD
$271,222 AO
$133,587.OQ
$271,�22.00
$133,587.��
APPROV�D 9/24/02
$ 67,806.00 � OItL?. #I5257
Additional Int'ormation Contact:
I3rian Boerner 8Q79
6183
8079
FUND � ACCOUNT
(to)
3) GR78 220103
1 } GR76 45'[ 543
4} GR76 A882i9
'[)GR76 5(Variaus)
4} GR76 51704a
(from)
3) R103 13607E
CEIVTER I AMOUNT CIT'Y SECRETA.RY
00f341280900�
052412809000
D524128090DD
D524128Q9030
05241280904D
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