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HomeMy WebLinkAboutContract 62485IiFT 9.11- VORT W1NIP1113 T rium Un innil wei lm on !_.e1f.1r6n1a1C11tRI QUAI 11 x Canna Nam CanLmct NuThhem Yerfarming Llarty' CITY SECRETARY CONTRACT SIGNA17URE PAGL CONTRACT NO. 62485 lkml Air Pru:gtam C oatmi 592-2-4OF:21`x my rg Fort W ro 17NDWHmizab M—imn ■n AmthaR'I W lltf:illfliFOmmRm0 a+ ]►,IE .04 (UP 10 G OrTOW JR 90 C9100 Effemvm Deft (whl f it Ww ; 0 nl/2=,N Dolrtufll#rtl Quahur Exp4vibm I)6'!r 0 1P6913jj2M [3 f&•JF dAy Uf PI41a1 VVIC iat'Whie91 for Cart �raa a> twc! CR li<dwhed, Il a 0mirwo rgqLAm a1t1r1oK I'uni'1t ! 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ABa mikbir CriYu jobf w r4 th-E Tr uis Orm .Mana,Mmest Sid, ita111r1v dTaU11'4 4gid 1 hlr CGINtwt. 'I'mm fnm r4Jx4fkri L,n fi�Ylrnnrr��7fr11 �6ah� MriRlrA ).'AF r 8Q3 0n 1hic rLnrl�ed•i�erd ivrltli� Valiune 1f+Wm;hinwol3 Prmif-i N" an is ssislant City Mariager Tlslr- Aug 15, 2022 tmp. A �, CVP APPROVED AS TO FORM AND LEGAUTY: llm-li mmflLb& cmtructs Ftrpicerrr aLlxr liiAl rs M. rlpali Llarn L"CL` t NU W. Afy� as M. Kevin Anders, II (Dec 19, 2024 09:38 CST) W16 - - WTx Assistant Lily Anorney; ATTEST:p° OFFICIAL RECORD A R CITY SECRETARY FT. WORTH, TX By: . Jannette Goodall City Seeretary Rpg ToXMICOMMUMMON [ap I • r '•.z PYTL 1XIAT ITT CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 CONTRACT DOCUMENTS LIST TEXAS COMMISSION ON Page 2 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 CONTRACT DOCUMENTS LIST This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page. Documents on this list include all amendments. In the event of a conflict of terms, the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All Contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules and regulations. • Contract Signature Page • Contract Documents List (this page) • Special Terms and Conditions • Scope of Work • General Terms and Conditions • Notices, Project Representatives and Records Locations • Attachment A - Financial Status Report • Attachment B - Release of Claims • Attachment C - Budget Revision Request Form • Attachment D - Level of Effort Certification • Attachment E - Personnel Eligibility List • Attachment F - Cost Budget - Matching Funds • Attachment G - Work Plan For Local Air Programs TEXAS COMMISSION ON Page 3 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 SPECIAL TERMS AND CONDITIONS TEXAS COMMISSION ON Page 4 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 SPECIAL TERMS AND CONDITIONS 1. Definitions 1.1."Cost Share" or "Local Match" — The value of the third -party in -kind contributions and the portion of the costs of a State assisted project or program not borne by the State. 1.2."Total Program Cost" is the combined federal and state funding provided by TCEQ and the Cost Share provided by the PERFORMING PARTY applied towards allowable costs for this Agreement in a particular fiscal year. 1.3."Source of Interest to the EPA" means any air pollution site that is a "Major Source" as defined in 40 C.F.R. § 70.2 and 30 T.A.C. §122.10. 1.4. A "Minor Change" is a written document which provides for minor changes in the work in accordance with the General Terms and Conditions, but which does not change the TCEQ Maximum Obligation, Contract Period, or Contract Terms and Conditions. 2. This agreement supports a Local Air Program as defined in Section 382.0622(d), Texas Health and Safety Code. The combined federal share, derived from the Section 105 pass -through funding from the TCEQ, and the state share, derived from the current Appropriations Act (including funds provided under this Agreement) for the PERFORMING PARTY's Local Air Program shall not exceed 67% of the PERFORMING PARTY's Total Program Cost. If the PERFORMING PARTY does not provide matching funds such that the combined federal and state share of the funding does not exceed 67%, then the amount of TCEQ reimbursement for this Agreement will be reduced so that this condition is met. 3. Each request for payment must show the cumulative amount of match provided by the PERFORMING PARTY for the fiscal year. The final request for payment must show that the 33% local match has been provided, calculated based on the Total Program Cost. If the first quarter (September through November), second quarter (December through February), and third quarter (March through May) requests for payment do not reflect that the 33% local match has been provided, PERFORMING PARTY shall provide the amount of the match shortage and a statement each quarter acknowledging that it anticipates meeting the 33% local match requirement by the time the final request for payment is submitted. 4. This agreement will have a five-year term without renewals commencing on September 1, 2022 or last signature date, whichever is later, and will terminate on August 31, 2027. TCEQ, by unilateral amendment, may extend the Contract for 180 days beyond the expiration of the Contract Period. TEXAS COMMISSION ON Page 5 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 SCOPE OF WORK TEXAS COMMISSION ON Page 6 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 SCOPE OF WORK 1. Administrative Regulations 1.1. Changes to Contract Documents. TCEQ may update, supplement, or remove the documents referenced in this Agreement upon 15 working days' notice. 1.2. Changes to Guidance Documents. TCEQ may update, supplement, or remove any or all of the guidance documents referenced in this Agreement. TCEQ shall promptly notify the PERFORMING PARTY in writing of any changes to the guidance documents, and will attach a copy of the updated documents. The PERFORMING PARTY shall implement changes to guidance documents within the time frames specified by TCEQ, no later than 30 days of receipt, whichever comes first. If the PERFORMING PARTY does not agree to comply with changes to guidance documents, the PERFORMING PARTY must decline to perform any work which requires use of these documents. If the PERFORMING PARTY declines to perform all or part of a task, TCEQ will not pay for that task. 1.3. Fiscal Analysis of Budget. Within 30 Days of the start of each fiscal year, the PERFORMING PARTY must submit documentation to the TCEQ showing the indirect rate, basis for indirect rate and list of current and future capital expenditures. If the PERFORMING PARTY does not utilize an indirect rate, it must say so in the provided documentation. 1.4. Contract's Cost Budget. Within 30 Days of the start of each fiscal year, the PERFORMING PARTY shall provide a completed Cost Budget form found in Attachment F to this Agreement. The Cost Budget must reflect the Total Program Cost, including the PERFORMING PARTY's matching funds and TCEQ's obligation for the year. The PERFORMING PARTY is permitted to re -budget within the approved Cost Budget to meet any unanticipated requirements and may make limited program changes to the approved budget. For any proposed changes to the budget, the PERFORMING PARTY shall submit, in writing and for approval, a Budget Revision Request as found in Attachment C prior to encumbering the expense. Changes resulting in the need for additional funding, or any cumulative transfers among direct cost categories which exceed or are expected to exceed the total costs for the current year's budget by ten percent (10%), will require an amendment to the current contract and Cost Budget form. Requests for Payment. Quarterly, the PERFORMING PARTY shall submit requests for payment to the TCEQ Contract Manager in accordance with ARTICLE 4 of the General Conditions of this Agreement. 1.5. Financial Status Report. Within 60 days of the last day of the quarter, each request for payment must be accompanied by a quarterly Financial Status Report (FSR). The FSR form is Attachment A to this Agreement. The approved budget column of the FSR will come from the Cost Budget. The PERFORMING PARTY will indicate the Match Amount of the FSR. The FSR includes on a separate line, the total amount that is being matched by the PERFORMING PARTY. TEXAS COMMISSION ON Page 7 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 The PERFORMING PARTY shall submit the final FSR with the fourth quarter invoice for each fiscal year. With each FSR, the PERFORMING PARTY shall submit a list of property purchased wholly or partially with funds from this Agreement and having a unit acquisition cost of $ 5,000 or more. This requirement for a final FSR is in addition to the FSR required to be submitted with each invoice. The FSR Form Instructions are in Attachment A of the Contract Documents. The requirements of this Section shall survive the termination of this Agreement. 1.6. The PERFORMING PARTY shall submit quarterly a current organizational chart, including the date of the latest revision, and the name and title of all staff utilized for this Agreement. Vacant positions and the date the vacancy began shall also be included in the chart. The organizational chart shall only be required in the Monthly Report if there were changes in any of the information since the last submittal. 1.7. Within the first quarter, or when available, the PERFORMING PARTY shall provide the TCEQ Contract Manager a copy of, or the link to, the annual independent financial audit for previous fiscal year required by the UGMS. If any deficiencies are noted in the audit report, the PERFORMING PARTY shall inform the TCEQ what directly impacts the LAP Program or the work performed under this agreement. 1.8. Annual Work Plan Development. TCEQ will provide a draft Work Plan, and the parties will make all reasonable efforts to agree on a final Work Plan by August 15 of each fiscal year for the upcoming year (September 15th for the initial year of this Contract). The Work Plan will be consistent with the direction and intent of the Compliance Monitoring Strategy for the TCEQ Air Programs. The Work Plan will cover an entire fiscal year of program activity. The Work Plan will show the entire fiscal year of program activity. The Work Plan will show the types of tasks or activities and the number of tasks to be completed within the fiscal year. A sample Work Plan can be found in Attachment G. Oversight of the Work Plan Activities is stated in Section 3 of this Scope of Work. 2. Performance Evaluations 2.1. Program Evaluations. TCEQ will make ongoing evaluations of PERFORMING PARTY's work throughout the Agreement term, which may include Work Product Evaluations, Consolidated Compliance and Enforcement Data System (CCEDS) evaluations, and/or Annual Performance Evaluations. 2.2. Work Product Evaluations. Evaluations will be conducted of PERFORMING PARTY's work utilizing standardized procedures and will typically be conducted by one or more persons designated with that task by the TCEQ Regional Representative or designee. Evaluations may include work product evaluations, joint oversight investigations and file reviews. The TCEQ Regional Representative will perform a minimum of two joint oversight investigations per fiscal year of the contract period. A joint oversight investigation is an investigation in which a TCEQ Regional Representative accompanies the PERFORMING PARTY during an investigation for the primary purpose of oversight. TCEQ may independently audit investigations at entities which the PERFORMING PARTY investigated. Additionally, the TCEQ Regional Representative or designee will evaluate investigation reports submitted by the TEXAS COMMISSION ON Page 8 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH PERFORMING PARTY. TCEQ CONTRACT: 582-23-40126 TCEQ will provide written assessments of each work product evaluated, including work product evaluations and joint oversight investigation results to the PERFORMING PARTY's representative by the 14th working day of the month following the evaluation, or at another mutually agreed upon time. 2.2.1. Work Product Evaluation (WPE) meetings. The purpose of periodic program evaluations is to ensure ongoing program effectiveness. WPE meetings will be held at least quarterly. The meeting participants will include the TCEQ Regional Representative or designee, the TCEQ Air Section Managers or designees as appropriate, Waste Section Managers or designees as appropriate, the Contract Manager as appropriate, and the PERFORMING PARTY's representative. If the TCEQ work product evaluations conducted since the previous meeting show deficiencies or a trend toward unsatisfactory performance, the Parties will discuss the conditions that contributed to the deficiency or trend. The TCEQ Regional Representative or designee will document the meeting and provide meeting minutes or a meeting summary to the PERFORMING PARTY's representative and Contract Manager within three weeks of the meeting. 2.3. Unsatisfactory Performance. If the TCEQ Regional Representative or designees determines that a structural or procedural problem is the likely source of the deficiency or trend, the TCEQ Regional Representative will document this issue and notify the PERFORMING PARTY and Contract Manager, in writing, of the suspected program deficiency or unsatisfactory performance within 30 days of the date of discovery. The PERFORMING PARTY shall provide a written response to TCEQ Regional Representative and Contract Manager within 30 days of receiving the notification. The PERFORMING PARTY shall either explain why no program deficiency should be found or describe a corrective action plan. For disputed findings, the PERFORMING PARTY shall include any new information in the explanation that was not previously presented. If requested by the TCEQ Regional Representative or designee, the PERFORMING PARTY shall provide a corrective action plan. Any corrective action plan shall include a statement of the problems addressed, measures to correct those problems, any structural or procedural measures that will help avoid similar problems, a timeline for implementing such measures, and milestones and metrics to track improvement. The TCEQ Regional Representative and Contract Manager will review the plan. If TCEQ approves the plan, the PERFORMING PARTY shall implement it immediately. 2.4. Correction to unsatisfactory performance. The TCEQ Regional Representative and Contract Manager will evaluate the PERFORMING PARTY'S progress under any corrective action plan approved under Paragraph 2.3 of this section. TCEQ will consider documentation submitted in support of the plan, subsequent work product evaluations, and demonstrations of progress in correcting the underlying cause of the unsatisfactory performance. The PERFORMING PARTY will demonstrate progress under corrective action plans during the Work Production Evaluation meetings. 2.4.1. Sanctions for unsatisfactory performance. TCEQ may avail itself of any remedies identified in ARTICLE 13 of the General Conditions of this Agreement after TCEQ makes a written finding to the PERFORMING PARTY of unsatisfactory TEXAS COMMISSION ON Page 9 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH performance. TCEQ CONTRACT: 582-23-40126 2.4.2. If TCEQ notifies PERFORMING PARTY of deficiencies in the air program compliance and enforcement activities required by a previous Agreement between TCEQ and the PERFORMING PARTY, the PERFORMING PARTY shall, within 60 days, correct any similar deficiencies in the work performed under that Agreement and report to TCEQ any deficiencies that cannot be corrected within the 60 days. 2.5. CCEDS Performance Evaluation. The TCEQ Regional Representative will evaluate data quality and performance of work approved in the Consolidated Compliance and Enforcement Data System (CCEDS). 2.6. File Reviews: Original, finalized and signed Investigation reports must be forwarded by the PERFORMING PARTY to the Central File Room (CFR), directly or via a Regional Office. Copies of Investigation reports and/or any associated investigation documentation will be filed and stored either in electronic and/or hard -copied format, for 5 years. An annual file review may be conducted by a Regional Representative. The file review will assess the implementation of TCEQ Records Management Procedures and the subsequent TCEQ Records Management Manual. 2.7. Annual Performance Evaluation. TCEQ may choose to perform an Annual Performance Evaluation. The Annual Performance Evaluation will be based on (1) the PERFORMING PARTY's performance of the tasks required by this Agreement and applicable TCEQ guidance; (2) the questionnaire described in Paragraph 2.7.1; (3) the work product evaluations described in Paragraph 2.2; (4) the meeting reports described in Paragraph 2.2.1; and (5) the PERFORMING PARTY's documentation of compliance with the financial management requirements of this Agreement. 2.7.1. If TCEQ elects to conduct an Annual Performance Evaluation, the TCEQ Contract Manager will provide an Annual Performance Evaluation Questionnaire (APEQ) to be completed by the PERFORMING PARTY. Following the receipt of the APEQ, the PERFORMING PARTY shall respond to the questionnaire. The response shall be sent to the TCEQ Contract Manager. Once the APEQ response is received, the TCEQ Contract Manager and PERFORMING PARTY will agree upon a date, time, and location for the Annual Performance Evaluation meeting. 2.7.2. At the Annual Performance Evaluation meeting, the TCEQ Contract Manager will provide a final copy of the Annual Performance Evaluation Report to the PERFORMING PARTY. 2.7.3. Within 30 days of receipt of the final, signed Annual Performance Evaluation Report, the PERFORMING PARTY shall provide a written response to the TCEQ Contract Manager for review concerning any deficiencies or unsatisfactory performance noted in the Annual Performance Evaluation Report. The response shall include a description of the nature and extent of each deficiency's impact on data quality, the specific corrective actions taken or planned to address the deficiencies, actions taken or planned to prevent recurrence, a schedule, not to exceed 60 days from the date of receipt of the Report, to bring any deficiencies up to TCEQ standards, and the means to document completion of each action. If any deficiency cannot be corrected within 60 days, the PERFORMING PARTY shall TEXAS COMMISSION ON Page 10 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 identify the limitations to timely correcting the issue, the specific corrective actions planned to address the deficiency, a provision for a final report, and a schedule for compliance with TCEQ standards. 2.7.4. Within 60 days of being notified of any deficiencies, or as instructed by the TCEQ, the PERFORMING PARTY shall provide the TCEQ Contract Manager with a written report documenting the actions taken to correct the deficiencies. If the deficiencies are not corrected to the satisfaction of the TCEQ, TCEQ may withhold payment or take other actions permitted by law. 3. Requirements Applicable to All Work Activities. The following requirements apply to each Work Plan task (activity) identified in the approved Work Plan. 3.1. TCEQ will not reimburse the PERFORMING PARTY for work not included in this Scope of Work, or which exceeds the quantities in the Work Plan unless prior written approval is obtained. 3.2. Responsibility of PERFORMING PARTY. In order to receive payment under this Agreement, the PERFORMING PARTY must fulfill all of the following subparagraphs, including investigation and enforcement or task handling, direct data entry, and training for each of the relevant work plan tasks outlined in the approved work plan: 3.2.1. Program. The PERFORMING PARTY shall implement and conduct an investigation for each work activity on the approved work plan with listed output greater than zero. The PERFORMING PARTY shall comply with the requirements of the most recent TCEQ Records Management procedures, Public Information Request procedures, and Enforcement procedures, in addition to the guidance documents and policies on the TCEQ ShareNet. 3.2.2. Work Plan Activities. TCEQ shall prepare and submit a detailed proposed Work Plan to the PERFORMING PARTY. PERFORMING PARTY shall review proposed work plan and select the number and type of investigations consistent with the TCEQ Compliance Monitoring Strategy and effecting maximum benefit for air pollution control. Onsite investigations at the same site in successive fiscal years may only be conducted if required by the Compliance Monitoring Strategy or approved by TCEQ. TCEQ may approve all or part of the activities in the proposed Work Plan. Upon approval of the Work Plan and list of sources required in 3.2.3.1, the TCEQ Contract Manager will issue a Notice to Proceed with a copy of the approved Work Plan, the list of sources, and work plan activity code description document. TCEQ will reimburse the PERFORMING PARTY's program costs for approved and agreed upon Work Plan completed activities. TEXAS COMMISSION ON Page 11 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 3.2.2.1. The PERFORMING PARTY shall plan and conduct the number and type of Work Plan activities identified in the Notice to Proceed. The Parties may amend the Work Plan through a minor change as described in the Special Terms and Conditions. 3.2.3. List of Sources. The TCEQ shall develop and maintain a list of sources subject to recurring planned investigations by applying the Compliance Monitoring Strategy for the Air Programs, as applicable. This CCEDS generated list will be the only record of deliverables and will not be substituted by any form of recordkeeping, including but not limited to databases and excel spreadsheets. 3.2.3.1. Sources of Interest to EPA (major sources). The list of air pollution control subject sources shall include those sources which meet the definition of "Source of Interest to the EPA" as defined in the Special Terms and Conditions of this Agreement. The PERFORMING PARTY will submit this list, with the actual investigation type codes for the past five years and the type code proposed for the following fiscal year, with the proposed Work Plan by August 1 of each fiscal year (September 1st for the initial term of this Contract). The PERFORMING PARTY shall update the list of sources to identify changes to existing sources and the dates of those changes. The PERFORMING PARTY shall propose any new sources that should be added to the list. 3.2.4. All investigations completed by the PERFORMING PARTY shall be entered into CCEDS in accordance with the TCEQ guidance manuals available on FODWEB or ShareNet. Unless otherwise specifically stated in writing by TCEQ, an investigation is considered a "complete work task" only when it is approved in CCEDS. 3.2.5. Enforcement. 3.2.5.1. In accordance with the most current version of the FOSOP, the PERFORMING PARTY shall initiate an appropriate enforcement action on every air violation it detects while performing any investigation under this Agreement. If the PERFORMING PARTY identifies any non -air violations, it shall notify the TCEQ Regional Representative and TCEQ Contract Manager in writing within 14 calendar days so that the respective regional staff can take any necessary actions to address the issues, as long as the PERFORMING PARTY does not hold any other jurisdiction over the violation. 3.2.5.2. The PERFORMING PARTY shall refer cases requiring consideration for enforcement action to the TCEQ Enforcement Division within 60 days from the last day of the investigation in which the violation was documented, unless a different deadline is established in the Contract Documents or guidance documents for the enforcement action and related investigation type. TEXAS COMMISSION ON Page 12 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 3.2.5.3. If enabling resolutions as required by Texas Water Code § 7.352 are in place, the PERFORMING PARTY may bring enforcement actions under Texas Water Code § 7.351. The PERFORMING PARTY must name TCEQ as necessary and indispensable party to any such action, in accordance with Texas Water Code § 7.353. 3.2.5.4. If approved and directed by TCEQ, the PERFORMING PARTY shall issue Field Citations in appropriate cases. 3.2.6. Database Usage. Unless otherwise specifically directed, all investigation and enforcement tasks performed under this Agreement shall be documented in CCEDS. In addition, all incidents reported to the PERFORMING PARTY shall be documented in CCEDS. CCEDS documentation shall comply with applicable guidance documents, including investigation guidance, enforcement guidance, CCEDS guidance, Field Operations Division Standard Operating Procedures (FODSOP), and Enforcement Division Standard Operating Procedures (EnfSOP). 3.2.6.1. TCEQ CCEDS Support. 3.2.6.1.1. TCEQ will provide phone support (512-239-6231) during normal business hours, Monday through Friday from 8am to 5pm to guide PERFORMING PARTY'S technical personnel in troubleshooting application issues. 3.2.6.1.2. TCEQ will provide technical support, including on -site support, to correct technical problems in a timely manner. 3.2.6.1.3. TCEQ will provide a Remote Access Server (RAS) for access to CCEDS through a Virtual Private Network (VPN) connection. 3.2.6.1.4. TCEQ will configure all TCEQ network software to TCEQ standards. 3.2.6.1.5. TCEQ will provide instructions for installing the VPN software and connecting to the TCEQ RAS. 3.2.6.2. PERFORMING PARTY CCEDS support: 3.2.6.2.1. The PERFORMING PARTY is responsible for maintaining an internet connection in order to connect to the TCEQ RAS through VPN. 3.2.6.2.2. The PERFORMING PARTY is responsible for installing TCEQ approved VPN software. 3.2.6.3. New PERFORMING PARTY Staff. Through electronic mail, the PERFORMING PARTY will notify the TCEQ Regional Representative and the TCEQ Contract Manager of any new staff that will complete any of the requirements of this Agreement. The notification must include the new staff's name, electronic address, phone number, job title and start date. For new field staff, the notification must be sent prior to any onsite work being TEXAS COMMISSION ON Page 13 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 performed. The TCEQ Contract Manager shall request the TCEQ Information Resource Division to provide the new staff with appropriate access, including the agency reporting application, CCEDS reports, Central Registry, and the TCEQ Field Operations Division guidance on FODWEB. 3.2.6.4. Terminated PERFORMING PARTY Staff. The PERFORMING PARTY will notify the TCEQ Regional Representative and the TCEQ Contract Manager through electronic mail of the name and termination date for any staff person that has completed any of the requirements of this Agreement who is terminated or removed from work on this Agreement, within 5 days of the termination date. The TCEQ Contract Manager shall request the TCEQ Information Resources Division terminate all access for that person. 3.2.6.5. Quality and Timeliness. Timely, accurate, and complete data entry related to all Work Plan items is essential. If PERFORMING PARTY's data entry or reports are delayed because TCEQ data systems are unavailable, the work will not be considered untimely or deficient. 3.2.6.6. Database Training. At the request of TCEQ, the PERFORMING PARTY shall attend TCEQ-sponsored database application training. The PERFORMING PARTY will ensure that its staff is adequately trained and qualified to perform database work. 3.2.7. Monthly Reporting. The PERFORMING PARTY shall upload their monthly reports to the TCEQ ShareNet Page within 14 working days after the end of each calendar month. Some reports are to be generated from BOEXI, if the data is available in that system. Monthly reporting should contain the following, if applicable: 3.2.7.1. A Year-to-date summary report of progress against the Work Plan specifying the number and type of Work Plan activities approved separated by month. 3.2.7.2. A list of approved investigations for the month to include sources investigated by name, regulated entity number, and investigation type code. 3.2.7.3. A list of any Notice of Violations and Notice of Enforcements initiated for the month. 3.2.7.4. Documentation, including all correspondence and associated lists, of Work Plan revisions made for the month with the approval date and approving parties of each change. 3.2.7.5. A summary report of enforcement initiated during the month, stating the type of enforcement, the rules violated, and the resolution. 3.2.7.6. A summary report of Work Plan tasks approved more than 30 days after the deadline with an explanation of the delay, and what action has been taken to minimize similar delays. 3.2.7.7. A summary report of enforcement actions not completed within the prescribed timeframe and an explanation for the untimeliness, including TEXAS COMMISSION ON Page 14 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 the identification of any violation situation indicated to include a High Priority Violation that has not or will likely not meet the timeliness requirements. 3.2.7.8. Documentation, including all correspondence and memos, between the PERFORMING PARTY and the TCEQ seeking any enforcement variance requests described in the most current version of the TCEQ Enforcement Initiation Criteria guidance document on FODWEB, and responses to such requests. 3.2.8. Training and qualification for investigators may include: 3.2.8.1. Basic Investigator Training, as appropriate. 3.2.8.2. Annual TCEQ Air Investigators Training, as appropriate. 3.2.8.3. Visible Emissions Evaluator's Certification (required for key personnel who will be making opacity readings using EPA Method 9). 3.2.8.4. Training related to TCEQ database use, when available. 3.2.8.5. Training and certification of Emissions Evaluators performing stack test pretest meetings, observations and report reviews. 3.2.8.6. Training related to Complaint Investigations and Odor Protocol when made available to the PERFORMING PARTY. 3.2.8.7. Training related to the TCEQ Field Citation Program. Prior to implementing the Field Citation Program in accordance with Paragraph 3.2.5.4 of the Scope of Work section, the PERFORMING PARTY shall obtain training related to the TCEQ Field Citation Program. 3.2.8.8. A Professional Development Plan (PDP) shall be maintained for all investigators on an annual basis. All changes to the Personal Development Plan (PDP) must be submitted to TCEQ for review a minimum of 30 days prior to the date the PERFORMING PARTY seeks to utilize the proposed PDP. All proposed changes to the PDP must be approved by TCEQ. The TCEQ will provide a sample PDP, located on FODWeb, that the PERFORMING PARTY may choose to use. 3.2.8.9. It shall be the responsibility of the PERFORMING PARTY to identify and obtain any necessary safety training. 3.2.8.10. Prior approval must be obtained from the TCEQ Contract Manager in order to attend any TCEQ training. 3.2.9. Managers or manager -appointed representatives for the PERFORMING PARTY shall attend TCEQ-sponsored meetings in Austin, Texas, or teleconference calls, as scheduled. 4. Required Investigation and Enforcement programs: TEXAS COMMISSION ON Page 15 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 A complete task under each of these items shall include all of the general requirements of Section 3 of this Scope of Work section and any specific guidance listed below. For all investigation types: 4.1. The PERFORMING PARTY shall conduct investigations of the listed types within its jurisdiction, and as identified in the Notice to Proceed. The investigations received or referred to it shall be completed consistent with the plan of reviewing such reports as described in the TCEQ guidance documents, policy determinations, and definitions of terms on FODWEB. 4.2. It shall be the responsibility of the PERFORMING PARTY to acquire and maintain the equipment necessary for the investigation. 4.3. The PERFORMING PARTY shall conduct complete enforcement activities within the time frames established in the various investigation protocols and the Enforcement Initiation Criteria, being particularly careful to meet any enforcement driven deadlines related to EPA's High Priority Violation policy that are reflected in the various investigation and enforcement guidance documents. TEXAS COMMISSION ON Page 16 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 GENERAL TERMS AND CONDITIONS TEXAS COMMISSION ON Page 17 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 GENERAL TERMS AND CONDITIONS Revised April 6, 2022 1. CONTRACT PERIOD 1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page. If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Amendments. This Contract is not subject to competitive selection requirements and may be amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a written amendment that is signed by both parties. 1.2.1. Material Changes. Material changes to the Contract require a written amendment signed by both parties. These amendments take effect when signed by the Performing Party and TCEQ unless otherwise designated in the amendment. Material changes include the following: 1.2.1.1. Changes in the total amount of funds in the Budget or the Contract; 1.2.1.2. Changes to the Contract's Expiration Date; 1.2.1.3. Changes to the Scope of Work that affect TCEQ's obligations to the entity providing funding, such as the United States Environmental Protection Agency (EPA), another state or federal agency, or the Texas Legislature; and 1.2.1.4. Changes that affect the material obligations of the Performing Party in this Contract. 1.2.2. Unilateral Amendments. As specifically allowed by the Contract, TCEQ may issue unilateral amendments. Unilateral amendments take effect when issued by TCEQ. 1.2.3. Minor Changes. The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority, without a written amendment, to correct typographical errors; make written Contract interpretations; and make minor, non -material changes to the requirements in the Scope of Work, the Procedures for Work Orders, or the Work Orders ( including Proposals for Grant Activities); or as agreed to elsewhere in the Contract. Performing Party must provide TCEQ with a written objection to any Minor Change no later than five (5) business days from the effective date of the Minor Change. A copy of the agreed change shall be retained in the appropriate file by both the Performing Party and TCEQ. 1.2.3.1. Minor, non -material changes include: 1.2.3.1.1. Changes to the schedule in the Scope of Work including an extension of a deliverable due date, not to exceed the expiration date of the Contract; 1.2.3.1.2. Changes to the schedule in the Work Order including an extension of a deliverable due date, not to exceed the expiration date of the Work Order; 1.2.3.1.3. Changes to the individual tasks/activities in the Scope of Work or Work Order, if applicable, that do not substantially TEXAS COMMISSION ON Page 18 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 change the obligations of the Parties relative to those tasks/activities; 1.2.4. It is the Performing Party's responsibility to request extensions to the deliverable schedule and other changes that are within the authority of TCEQ. 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement, as amended. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is not obligated to extend deadlines to match the maximum period of the funding. 2.4 Grants. If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 2.6 Abortion Funding Limitation. Performing Party represents and warrants that payments made by TCEQ to Performing Party and Performing Party's receipt of appropriated funds under the Contract are not prohibited by Article IX, Section 6 of the General Appropriations Act, nor by Texas Government Code Chapter 2273 Prohibited Transactions. 2.7 Excluded Parties. Performing Party represents and warrants that it is not listed in the prohibited vendors lists authorized by Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism," published by the United States Department of the Treasury, Office of Foreign Assets Control. Performing Party will notify TCEQ if it can no longer make this representation. 2.8 COVID-19 Vaccine Passport Prohibition. Under § 161.0085 of the Texas Health and Safety Code, Performing Party certifies that it is not ineligible to receive the Contract and will maintain this certification throughout the term of the Contract. 3. ALLOWABLE COSTS 3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. TEXAS COMMISSION ON Page 19 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 3.2 TxGMS. Allowable Costs are restricted to costs that comply with the Texas Grant Management Standards (TxGMS) and applicable state and federal rules and law. The parties agree that all the requirements of TxGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs incurred in performing the Scope of Work. Performing Party's invoice shall conform to all reimbursement requirements specified by TCEQ. 4.2. Personnel Eligibility List (PEL). If TCEQ will be reimbursing salary or wages, Performing Party must submit a completed Personnel Eligibility List (PEL) prior to starting activities under this Contract and an updated PEL with any invoice following changes to the information provided in the most recent PEL. If a Contract amendment is necessary due to changes reflected on the PEL, Performing Party must immediately submit an updated PEL with a request to amend the Contract. 4.3. Level -of -Effort Reporting. Performing Party shall submit records to support reimbursement requests for exempt employee salaries, where costs are determined based on percentage of the employee's time performing activities. These records must meet the Standards for Documentation of Personnel Expenses in TxGMS or 2 CFR § 200.430, as applicable based on whether state or federal money is used by TCEQ to fund the grant activities. If the records do not comply with the Standards for Documentation of Personnel Expenses, TCEQ may approve the use of an alternative system in writing or require that the Performing Party submit the attached Level -of -Effort Certification (LEC) form. The LEC form shall be completed monthly and submitted with each invoice. The Performing Party must submit time sheets that are signed or electronically approved by the employee and supervisor with reimbursement requests for nonexempt employees. 4.4. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.5. No Interest for Delayed Payment. Since the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable for any late payments. 4.6. Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 4.7. State Agencies/Institutions of Higher Education. If the Performing Party is a state agency or institution of higher education, payments must be made via interagency transaction voucher (ITV); please provide a Recurring Transaction Index (RTI) number on the face of the invoice. For payments that are to be deposited into a local bank account, the following statement must be placed on the face of the invoice: "Funds to be deposited into local bank account." For TEXAS COMMISSION ON Page 20 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 additional information, please refer to the Texas Comptroller's Accounting Policy Statement (APS) 014. S. FINANCIAL RECORDS, ACCESS, AND AUDITS 5.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor during any audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this contract shall be retained for a period of three (3) years after date of submission of the final reimbursement request. 6. PERFORMING PARTY'S RESPONSIBILITIES 6.1 Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is performed at Performing Party's sole risk as to the means, methods, design, processes, procedures, and performance. 6.2 Identification and Flow Down Requirements. Any subaward from this Contract by the Performing Party to a subgrantee must be clearly identified as a subaward. The Performing Party must flow down applicable Contract requirements to subgrantees and subcontractors. 6.3 Independent Contractor. The parties agree that the Performing Party is an independent contractor. Nothing in this Contract shall create an employee - employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. 6.4 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers, and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 6.5 No Third Party Beneficiary. TCEQ does not exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors, suppliers, or other persons or organizations with a contractual relationship with the Performing Party. 6.6 Security Requirements. If Performing Party accesses, transmits, uses, or stores TCEQ data: 1) Performing Party shall meet the security controls specified by TCEQ; and 2) Performing Party must annually provide TCEQ documentation demonstrating that it meets the specified TCEQ security requirements. TEXAS COMMISSION ON Page 21 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 6.7 Cybersecurity Training. Performing Party shall ensure that any Performing Party representative (employee, officer, or subcontractor personnel) who has Access to a TCEQ Computer System or Database completes a cybersecurity training program certified by the Texas Department of Information Resources (DIR) under § 2054.519 of the Texas Government Code, during the term of the Contract and each renewal. 6.7.1 "Access to TCEQ Computer System or Database" means having a TCEQ network user account or the authorization to maintain, modify, or allow access control to any TCEQ web page, TCEQ computer system or TCEQ database. 6.7.2 Within seven (7) days after the execution of the Contract and any renewals, Performing Party shall provide a list of persons requiring training to the TCEQ Contract Manager, and thereafter provide an updated list by the first workday of any additional person who becomes subject to the training requirements. For applicable umbrella contracts, Performing Party shall provide a list of any persons requiring training within seven (7) days of issuance of Notice to Proceed/Commence for any Work Order/Proposal for Grant Activities that requires Access to a TCEQ Computer System or Database. 6.7.3 If a Performing Party representative has previously completed a DIR-certified cybersecurity training during the term of the Contract or renewal, Performing Party shall provide evidence that the Performing Party representative completed the required training to the TCEQ Contract Manager within seven (7) days after the execution of the Contract, or as applicable, the issuance of Notice to Proceed/Commence for any Work Order/Proposal for Grant Activities that requires Access to a TCEQ Computer System or Database. 6.7.4 For the term of the Contract and each renewal, all Performing Party representatives subject to the training requirement must complete DIR- certified training within seven (7) calendar days after TCEQ provides access to the training, unless the Performing Party provides evidence to TCEQ that the Performing Party representative previously completed the required training. Performing Party shall retain in their records, and upon request, provide the TCEQ Contract Manager evidence that the training was successfully completed. 6.7.5 Performing Party shall notify the TCEQ Contract Manager within two (2) business days when a person with Access to a TCEQ Computer System or Database no longer needs Access to such Computer System or Database. 6.7.6 TCEQ may terminate the Contract for Cause if Performing Party fails to adhere to any of the above terms, including completing the required certified cybersecurity training or notifying the TCEQ Contract Manager when access is no longer needed. 6.7.7 TCEQ may terminate the Contract for Cause if a Performing Party's representative misuses a TCEQ Computer System or Database, including allowing multiple individuals to utilize a single individual's TCEQ network user account. 7. TIME AND FORCE MAJEURE 7.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. TEXAS COMMISSION ON Page 22 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 7.2 Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ TCEQ may withhold or suspend reimbursement, terminate the Contract for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of TCEQ. 7.3 Force Majeure. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, or other causes that are beyond the reasonable control of either party, could not reasonably be foreseen, and by the exercise of all reasonable due diligence, is unable to be overcome by either party. Neither party shall be liable to the other for any failure or delay of performance of any requirement included in the contract caused by force majeure. Upon timely notice by the non -performing party, the time for performance shall be extended for a reasonable period after the causes of delay or failure have been removed provided the non -performing party exercises all reasonable due diligence to perform. The non -performing party must provide evidence of any failure resulting in impossibility to perform. 8. CONFLICT OF INTEREST 8.1 Performing Party shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically, for work performed under this Contract by Performing Party or any related entity or individual, Performing Party shall promptly disclose in writing to TCEQ any actual, apparent, or potential conflicts of interest, including but not limited to disclosure of: a. Any consulting fees or other compensation paid to employees, officers, agents of Performing Party, or members of their immediate families, or paid by subcontractor or subrecipients; or b. Any organizational conflicts of interest between Performing Party and its subcontractors or subrecipients under a subaward. 8.2 No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination of this Contract. TEXAS COMMISSION ON Page 23 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 9. DATA AND QUALITY 9.1 Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 9.2 Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes, location, or conditions, and ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non -reimbursement of expenses related to the associated activities. 9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code § 25.6. 10. INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise -wide license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, modify, or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Contract, and associated user documentation. 11. INSURANCE AND INDEMNIFICATION 11.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, TEXAS COMMISSION ON Page 24 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. Before any Performing Party contractor performs any work at a TCEQ facility, Performing Party shall provide TCEQ a Certificate of Insurance for the Contractor's Workers Compensation and Employer's Liability Insurance. 11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS, OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12. TERMINATION 12.1 Termination for Cause. TCEQ may, upon providing 10 days' written notice and the opportunity to cure to the Performing Party, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2 Termination for Convenience. TCEQ may, upon providing 10 days' written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages, or other economic loss arising out of or resulting from the termination. 12.3 If, after termination for cause by TCEQ it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of TCEQ. 13. DISPUTES, CLAIMS AND REMEDIES 13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of Performing Party from liability under this Contract. 13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of Performing Party's nonconformance, TCEQ may do one or more of the following: 13.2.1. Issue notice of nonconforming performance; 13.2.2. Reject nonconforming performance and request corrections without charge to the TCEQ; 13.2.3. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; TEXAS COMMISSION ON Page 25 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 13.2.4. Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. 1 S. SURVIVAL OF OBLIGATIONS Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four (4) years beyond the termination or completion of the Contract, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 16. UNIFORM ASSURANCES 16.1 Uniform Assurances. Performing Party assures compliance with the following uniform assurances from TxGMS, as applicable to this Contract. Other assurances from TxGMS may be included elsewhere in this Contract. 16.1.1 Performing Party represents and warrants its compliance with Texas Government Code Section 2054.5191 relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 16.1.2 Performing Party certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. 16.1.3 Performing Party agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 16.1.4 Performing Party represents and warrants that it will comply with Texas Government Code Section 2252.906 relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. 16.1.5 In accordance with Texas Government Code Section 669.003, relating to contracting with the executive head of a state agency, Performing Party certifies that it is not (1) the executive head of the TCEQ (2) a person who at any time during the four years before the date of the Contract was the TEXAS COMMISSION ON Page 26 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 executive head of the TCEQ, or (3) a person who employs a current or former executive head of the TCEQ affected by this section. 16.1.6 Performing Party acknowledges and agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: • Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; • Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and • Sections 2113.012 and 2113.101 of the Texas Government Code. 16.1.7 Performing Party represents and warrants that TCEQ's payments to Performing Party and Performing Party's receipt of appropriated or other funds under the Contract are not prohibited by Texas Government Code Section 556.0055 which restricts lobbying expenditures. 16.1.8 Performing Party represents and warrants that in the administration of the Contract, it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Texas Local Government Code Chapter 176. If circumstances change during the course of the contract or grant, Performing Party shall promptly notify TCEQ. 16.1.9 Performing Party represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. 16.1.10 Performing Party represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. 16.1.11 Performing Party certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code §364.003. If Performing Party is currently being sued under the provisions of Local Government Code §364.003, or is sued under this section at any point during the duration of this grant, Performing Party must immediately disclose the lawsuit and its current posture to the TCEQ. 16.1.12 Performing Party represents and warrants that it will comply with Texas Government Code Section 321.022, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 17. CONTRACT INTERPRETATION 17.1 Definitions. The word "include" and all forms such as "including" mean "including but not limited to" in the Contract and in documents issued in accordance with the Contract, such as Work Orders or Proposals for Grant Activities (PGAs). TEXAS COMMISSION ON Page 27 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 17.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 17.3 Delivery of Notice. Notices are deemed to be delivered three (3) working days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, email, or other commercially accepted means. 17.4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 17.5 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 17.6 Severability. If any provision of this Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity, or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 17.7 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 17.8 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas, because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 17.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to the publication or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 17.10 Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 17.11 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 17.12 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 17.13 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas TEXAS COMMISSION ON Page 28 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Administrative Code §§ 206.50 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. TEXAS COMMISSION ON Page 29 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 NOTICES, PROJECT REPRESENTATIVES, AND RECORDS LOCATIONS TEXAS COMMISSION ON Page 30 of 52 ENVIRONMENTAL QUALITY NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION CONTRACT NO. 582-23-40126 PROJECT TITLE: LOCAL AIR PROGRAM 1. Representatives. The individual(s) named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All communications including official contract notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Information. Either party may change its information in this Notices, Project Representatives and Records Location document by providing notice to the other party's representative for contractual matters. 3. TCEQ Representatives TCEQ CONTRACT MANAGER (for Contractual Matters) Name: Heba Kawasmi Title: Contract Specialist Texas Commission on Environmental Quality P.O. Box 13087, MC-174 Austin, Texas 78711-3087 Telephone No. (512) 239-0536 Facsimile No. (512) 239-2600 Email Address: Heba.Kawasmitcea.texas.izov TCEQ REGIONAL REPRESENTATIVE (for General Air Program Matters) Name: Kimberli Fowler Title: Air Section Manager TCEQ 2309 Gravel Drive Fort Worth, Texas 76118-6951 Telephone No. (817) 588-5823 Facsimile No. (817) 588-5702 Email: Kimberli.Fowler@tcea.texas.Lyov 4. Performing Party Representatives. For Contractual Matters Name: Title: Address: Telephone No. Facsimile No. Email Address: TCEQ PROJECT MANAGER (for Technical Matters) Name: Marilyn Gates Title: Program Support Section Manager Texas Commission on Environmental Quality P.O. Box 13087, MC-174 Austin, Texas 78711-3087 Telephone No. (512) 239-4662 Facsimile No. (512) 239-2600 Email Address: Marilvn.Gates@tcea.texas.Lyov TCEQ REGIONAL REPRESENTATIVE (for Stage II Matters) Name: Doug Reske Title: PST/Stage II Work Leader TCEQ 2309 Gravel Drive Fort Worth, Texas 76118-6951 Telephone No. (817) 588-5842 Facsimile No. (817) 588-5702 Email: DouLY.Reske@tcea.texas.LYov For Technical Matters Name: Title: Address: Telephone No. Facsimile No. Email Address: 5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is identified below: ❑ TCEQ Project Manager / ❑ TCEQ Disbursements Section / ® Other: TCEQ Contract Manager 6. Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract: (City / State ZIP) CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 ATTACHMENTS TEXAS COMMISSION ON Page 32 of 52 ENVIRONMENTAL QUALITY Attachment A: Financial Status Report CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Texas Commission on Environmental Quality FINANCIAL STATUS REPORT STATE AGENCY ORGANIZATION UNIT 1. TO WHICH REPORT IS SUBMITTED: 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE) : 5. TCEQ CONTRACT NUMBER: 6. FINAL REPORT: YES NO 7. ACCOUNTING BASIS: CASH ACCRUAL 8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT: FROM TO FROM ITO 10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance Budget This Report Project Cost a. Personnel/Salary b. Fringe Benefits c. Travel d. Supplies e. Equipment f. Contractual g. Construction h.Other LTotal Direct Costs (Sum a - h) j.Indirect Costs k.Total (Sum of i & j) *List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories. Please attach receipts, as required, in accordance with Attachment B of your contract. **Negative balances in any of the budget categories should be explained in a brief accompanying narrative. 11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award document. Signature of Authorized Certifying Official Typed or Printed Name and Title !elephone (Area code, number and ext.) Date Submitted ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS TEXAS COMMISSION ON Page 33 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH EQUIPMENT PURCHASES (during this report period) NUMBER ITEM DESCRIPTION PURCHASED (Should match description provided for approval) TCEQ CONTRACT: 582-23-40126 UNIT TOTAL TASKS COST COST TOTAL EQUIPMENT EXPENDITURES (must agree with line l0e on Form 20248) $ CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) FOR COST (THIS PERIOD) TOTAL CONTRACTUAL EXPENDITURES (must agree with line 10f on Form 20248) $ * LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. TASKS TEXAS COMMISSION ON Page 34 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE COST (THIS PERIOD) TASKS TOTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 20248) *LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. TEXAS COMMISSION ON Page 35 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for approval) COST COST TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 20248) $ OTHER EXPENDITURES (during this report period) NUMBER DESCRIPTION UNIT TOTAL TASKS PURCHASED COST COST TOTAL OTHER EXPENDITURES (must agree with line 10h on Form 20248) $ `LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS TEXAS COMMISSION ON Page 36 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 PERSONNEL/SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY (THIS TASKS PERIOD TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 20248) TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST (THIS TASKS PERIOD TOTAL TRAVEL EXPENDITURES (must agree with line 10c on S Form 20248) "SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM TEXAS COMMISSION ON Page 37 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Financial Status Report Preparation Instructions The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a completed, legible TCEQ Financial Status Report (TCEQ Form 20248) and any required TCEQ Supplemental 20248 forms. Unless directed otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents by not later than twenty-one (2 1) days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters (September -November; December -February, March -May; June -August). Each Financial Status Report shall indicate, for each budget sub- category the PERFORMING PARTY'S project expenditures for the period in question, the cumulative expenditures with respect to each budget sub -category, and the balance remaining in each budget sub -category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-1, legible documentation that (1) serves to further identify the specific piece of equipment received or the services provided, (2) clearly identifies the vendor or subcontractor who provided the equipment or services, and (3) that confirms the reimbursable amount listed on the form. In the case of equipment purchases, the attached documentation shall be either a purchase order marked "received/paid" or a vendor -submitted invoice similarly marked. In the case of subcontractor provided services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. All requests under this Contract for the reimbursement of expenditures that fall within the "Construction" category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-2, legible documentation that (1) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3) that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked "received/paid" or an invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 4. All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, for any single -listed item or service costing more than $500, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-3, legible documentation that (1) serves to further identify the specific items or services, (2) clearly identifies the vendor or subcontractor who provided the items or services, and (3) that confirms the reimbursable amount listed on the form. Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. All requests for reimbursement of expenditures that fall within either the "Personnel/Salary" or "Travel" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 20248-4 with respect to reported "Personnel/Salary" expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, all costs listed on Form 20248-4 must be supported by attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel -related costs, includes the following: (1) legible copies of the PERFORMING PARTY -approved travel vouchers, signed by the employees who traveled, and (2) for any travel -related expenses under this contract borne directly by the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required) separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. TEXAS COMMISSION ON Page 38 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Attachment B: Release of Claims (Must be returned with last invoice per the General Term and Condition titled Release of Claims) TEXAS COMMISSION ON Page 39 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Conditional Final Waiver and Release of Claims Upon receipt and clearance of payment from the Texas Commission on Environmental Quality (TCEQ) in the sum of $--------, which constitutes final payment to City of Ft. Worth (hereinafter referred to as "Performing Party"), Performing Party and its successors and assigns, release, discharge and relinquish the TCEQ, its officers, agents, and employees from all claims, known or unknown, arising out of or relating to TCEQ Contract Number 582-23-40126 (Contract). It is expressly agreed and understood that this conditional FINAL waiver and release of all claims is effective, without any further action of any party, only upon clearance of final payment to Performing Party in the above - mentioned amount. Performing Party warrants that it has completed all activities described in the Contract. Executed on this --------- day of ---------------, 20 By: ------------------------- (signature) ----------------------------- (name) ----------------------------- (title) TEXAS COMMISSION ON Page 40 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Attachment C: Budget Revision Request (Must be returned as specified in the Cost Budget) TEXAS COMMISSION ON Page 41 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 BUDGET REVISION REQUEST FORM Purpose: To document recipient organization's proposed budget changes to ensure project deliverables are met and fiscal accountability. Prior TCEQ review and approval is required before incurring specific costs resulting in cumulative transfers of more than 10% of the total budget. Instructions: Complete 1. - 8. Total the amounts. 1. Recipient Organization (Name & Complete Address Including Zip Code): 2. Grant/ Contract Title: 4. TCEQ Contract No.: 6. Budget Categories: a. Personnel/Salaries b. Fringe Benefits c. Travel d. Supplies e. Equipment f. Contractual g. Construction h. Other i. Total Direct Costs (sum a - h) j. Indirect Costs ( --- %x $_____ [Base: Salary)] k. Total (sum i & j) 7. Approved Budget Justification (Attach additional sheets, if necessary): 3. Payee Identification No.: 5. Total Project/ Grant Period: 8. Change Requested (+ or -) *** Budget Revision Request must contain all signatures to be approved/valid *** Signature of Recipient's Representative Date Type or Printed Name and Title Signature of TCEQ Project Manager Date Type or Printed Name and Title Signature of TCEQ Contract Manager Date Type or Printed Name and Title 9. New or Revised Budget TEXAS COMMISSION ON Page 42 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Attachment D: Level -of -Effort Certification (Certification(s) must be returned with each invoice per the General Term and Condition titled Level -of -Effort Certification (LEC) TEXAS COMMISSION ON Page 43 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Project TCEQ Contract Nos. 582-XX-XXXXX 582-XX-XXXXX 5 82-XX-XXXXX 5 82-XX-XXXXX 5 82-XX-XXXXX 582-XX-XXXXX Other Projects (Not Related to TCEQ Contracts/Grants) Level -of -Effort Certification [Month] 20[XX] Employee Name: [Name] Actual Activities Performed Activity for Which Employee was Compensated (% of Total Hours • X% • X% X% X% X% X% The information listed above is true and correct. TCEQ may request additional information. Employee Name Supervisor Name Employee Signature Supervisor Signature Date Date TEXAS COMMISSION ON Page 44 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Attachment E: Personnel Eligibility List (Must be returned per the General Term and Condition titled Personnel Eligibility List (PEL) TEXAS COMMISSION ON Page 45 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Performing Party: Date: Staff Name or "Vacant" Personnel Eligibility List (PEL) Initial Date Added to Date Estimated Position or Title PEL Removed Time to from PEL Contract (% or *Only provided for estimation purposes and may be different from actual hours worked. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 46 of 52 CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Attachment F: Cost Budget - Matching Funds (To be filled out within 30 days after the beginning of each fiscal year. See Section 1.4 of the Scope of Work.) TEXAS COMMISSION ON Page 47 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Cost Budget - Matching Funds Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: Budget Category Total Project Costs Salary / Wages $289,000.00 Fringe Benefits $12 7, 500.00 Travel $6, 500.00 Supplies $16, 5 2 3.00 Equipment $ 0.00 Contractual $0.00 Construction $0.00 Other $17,000.00 Total Direct Cost $456,523.00 Indirect Costs $28,900.00 Other In -kind Contributions $0.00 Total Contract Cost $485,423.00 Cost Share (33%) $160,190.00 TCEQ Reimbursement Amount (67%) $325,233.00 2. tching Funds. This Contract Requires Matching Funds. Performing Party must match TCEQ expenditures by contributing 33% of the total project costs as shown above. Each invoice must demonstrate that the Performing Party is contributing the required match for the period specified on the invoice. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 10.00% of (check one): ❑ salary and fringe benefits ❑ modified total direct costs ® other direct costs base If other direct cost base, identify: Salary This rate is less than or equal to (check one): ❑ Predetermined Rate —an audited rate that is not subject to adjustment. TEXAS COMMISSION ON Page 48 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 ❑ Negotiated Predetermined Rate —an experienced -based predetermined rate agreed to by Performing Party and TCEQ. This rate is not subject to adjustment. ® Default rate —a standard rate of ten percent of salary/wages may be used in lieu of determining the actual indirect costs of the service. 3. Other. If Budget Category "Other" is greater than $ 2 5,000 or more than 10% of budget total, identify the main constituents: 4. Travel. In order to be reimbursable, travel costs must be specifically authorized in advance of the travel. Travel costs will be reimbursed only in the amount of actual costs, up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. S. Budget Categories. The Budget Categories above have the definitions, requirements and limitations stated in TxGMS. Construction costs are not reimbursable without prior, specific written authorization from TCEQ. 6. Budget Control. a. Cumulative transfers equal to or less than 10% of the Total Budget. Performing Party may transfer amounts between the approved direct cost budget categories so long as cumulative transfers from direct cost budget categories during the Contract Period do not exceed ten percent (10%) of the Total Budget amount. Performing Party must timely submit a Budget Revision Request (BRR) Form reflecting the revised budget. Upon approval by TCEQ, the BRR will be incorporated into this Contract as though it is a document revised under General Term and Condition Section 1.2. The 10% limit does not reset with the approval of each BRR. It resets when an amendment is signed by the parties reflecting changes to the budget. b. Cumulative transfers greater than 10% of the Total Budget. TCEQ must pre -approve in writing all budget revisions that result in the cumulative transfer from direct cost budget categories of funds greater than 10% of the Total Budget during the Contract Period. The Performing Party must request to amend the Contract. A contract amendment is required before Performing Party incurs these costs. c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre -approval in writing. 7. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to the individual named in the Notices, Project Representatives and Records Location document at monthly intervals. Final invoices shall be submitted within two (2) calendar months after completing the Scope of Work activities. TCEQ may unilaterally extend this deadline by e-mail. a. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met. 8. Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation such as expenses for the invoice period, year-to-date expenses, projected totals for the year (or applicable contract period), percent of budget spent to date, and percentage of budget projected to be spent. Performing Party shall maintain records subject to the terms of this Contract. TEXAS COMMISSION ON Page 49 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate entered above. If no reimbursable rate is shown above, indirect costs are not reimbursable under this Contract. The reimbursable rate must be less than or equal to the rate authorized under TxGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect costs, Performing Party is contributing its unreimbursed indirect costs to the successful performance of this Contract, and waives any right it may have to reimbursement of those costs (if this Contract requires matching funds, Performing Party may claim its unreimbursed indirect costs as part or all of its match). Performing Party must fund all unreimbursed indirect costs from other funds. It is the Performing Party's responsibility to ensure that unreimbursed indirect costs are not charged to other projects which do not benefit from them, and that it uses funding sources that may be properly used to fund its unreimbursed costs. TEXAS COMMISSION ON Page 50 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Attachment G: Sample Work Plan (Draft to be submitted by August 1 st of each fiscal year. See Section 1.9 of the Scope of Work.) TEXAS COMMISSION ON Page 51 of 52 ENVIRONMENTAL QUALITY CITY OF FORT WORTH TCEQ CONTRACT: 582-23-40126 Local Government: Contract Number: Date Submitted: Work Activity I EPA CMS OPCC SFCI SPCI COMPLAINTS AIRCOMPL ENFORCEMENT FOLLOW-UP AIRFIIH AIRFIOS OTHER AIR MNSR BD04CH114 � BURN11ION NMCL NMNC PMPRCH116 PMSI116IH PMSI1160N PST/EACT STIEACT �TOBEACT PSTRR Work Plan Form for Local Air Programs Totals 3 2 20 20 0 20 20 2 4 4 TBD 0 10 The Items are defined in the FY23 Work Plan Activities Definitions document. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 52 of 52 Contract Compliance Manager: By signing this document, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Anthony Williams NAME SIGs Environmental Supervisor TITLE ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature City of Fort Worth, Texas Mayor and Council Communication DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0579 LOG NAME: 23TCEQ FY2023 AIR QUALITY COMPLIANCE INVESTIGATIONS GRANT SUBJECT (ALL) Authorize Execution of a Texas Commission on Environmental Quality Federally Funded Grant Agreement for the Purpose of Performing Air Quality Compliance Inspections and Investigations within the City of Fort Worth in an Amount Not to Exceed $1,626,165.00 for a Five -Year Period Beginning September 1, 2022, Authorize Acceptance of the Grant, and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of the Texas Commission on Environmental Quality federally -funded grant agreement for the purpose of performing air quality compliance inspections and investigations within the City of Fort Worth in an amount not to exceed $1,626,165.00 for the five-year period beginning September 1, 2022 through August 31, 2027; 2. Apply an indirect cost rate of up to 10.00 percent in accordance with the terms of the Texas Commission on Environmental Quality grant agreement; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund, subject to receipt of the grant, in the amount of $2,427,115.00 for the purpose of funding air quality compliance inspections and investigations. DISCUSSION: The City of Fort Worth operates a comprehensive air quality program under four separate -but -related contracts with the Texas Commission on Environmental Quality (TCEQ). This overall program benefits the City by ensuring facilities are in compliance with air quality regulations and by supporting reliable data collection for air pollutants. Of the four contracts, this contract is partially funded by the United States Environmental Protection Agency and the TCEQ, with matching funds required of the City of Fort Worth. The grant specifically supports air quality compliance investigations and inspections performed within the City of Fort Worth jurisdictional boundaries. Since Fiscal Year 1991, the City of Fort Worth has entered into annual cooperative agreements with the TCEQ for the City to perform the aforementioned investigations and inspections within the City of Fort Worth. The services provided include: complaint investigation; air permit review and comment; annual investigation of major air pollutant sources; biennial/triennial investigation of gasoline dispensing facilities; and recurrent investigation of all other TCEQ-permitted and regulated air pollutant emission sources. The City must provide matching funds of $800,950.00 (33%) beginning in Fiscal Year 2023 and consisting of five equal, annual installments of $160,190.00 out of the Environmental Protection Fund operating budget. Funding for the first installment of the cash match has been built into the FY2023 Environmental Protection Fund operating budget through the budget development process. The cash match will also be built into the upcoming FY2024-FY2027 Environmental Protection Fund operating budgets for the remaining four installments through the budget development process. DOCUMENT M&C No. Approval Grant Amount Date Initial Contract PENDING PENDING $1,626,165.00 Cash Match Amount Total $800,950.00 $2,427,115.00 TOTAL: $2,427,115.00 Indirect costs will be applied at a rate up to 10.00 percent in accordance with the terms of the TCEQ grant agreement. This project is located in ALL COUNCIL DISTRICTS. A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: TCEQ FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Code Compliance Department (and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Submitted for Citv Manaaer's Office by Valerie Washington 6199 Oriainatina Business Unit Head Additional Information Contact: Brandon Bennett 6322 David B. Carson 6336 Cody Whittenburg 5454