HomeMy WebLinkAboutContract 62491CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
Contract Name:
Contract Number:
Texas Commission on Environmental Quality
CONTRACT SIGNATURE PAGE
Performing Party:
Performing Party Identification Number:
Maximum Authorized Reimbursement:
City of Ft. Worth
582-23-40031
City of Ft. Worth
17560005286
$ 64,451.21
CITY SECRETARY
CONTRACT NO.
Effective Date (whichever is later): N September 1, 2022 N Date of last signature
Expiration Date: N August 31, 2023 ❑ Last day of Fiscal Year in which the Contract was signed
❑ If checked, this Contract requires matching funds. Match Requirement:
N If checked, this Contract is funded with federal funds.
CFDA Number: 66.034
Federal Grant Number: PM-02FO6701
This Contract is entered under: ❑ Gov't Code ch. 771 N Gov't Code ch. 791 N Water Code § 5.124
62491
The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party,
a state agency or local government of the State of Texas, enter this agreement (Contract) to cooperatively conduct
authorized governmental functions and activities under the laws of the State of Texas.
The Parties agree as follows: (a) to be effective, the Contract must be signed by an authorized official of the TCEQ and the
Performing Party; (b) this Contract consists of all documents specified in the list of Contract Documents following this
page; and (c) as authorized by TCEQ Performing Party will conduct Contract Activities as part of its own authorized
governmental functions and TCEQ will reimburse Allowable Costs subject to the Texas Grant Management Standards
(TxGMS) and this Contract.
Texas Commission on
Environmental Quality (TCEQ)
Authorized Signature
Richard C. Chism
Printed Name
Deputy Director, Monitoring Division
Title
8//o/2Z
Date
Robert Apolinario, CTCM, CTCD
Procurements & Contracts Representative
Printed Name
Date
08/03/2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
City of Fort Worth
(Performing Party)
Valerie Washington (Jul 15, 202215:33 CDT)
Authorized Signature
Valerie Washington
Printed Name
Assistant City Manager
Title Jul 15, 2022
Date
APPROVED AS TO FORM AND LEGALITY:
M. Kevin Anders, II (Dec 19, 202410:50 CST)
Assistant city Attorney:
ATTEST:
�\1��I1fi-tax_ r
By: C�JI
dannette Goodall
Page 1 of 68 City Secretary RP
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
CONTRACT DOCUMENTS LIST
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ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
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
• Federal Section (Including Federal Conditions and Completed Forms)
• Scope of Work
• General Terms and Conditions
• Cost Budget
• 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
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ENVIRONMENTAL QUALITY
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TCEQ CONTRACT: 582-23-40031
SPECIAL TERMS AND CONDITIONS
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ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT: 582-23-40031
SPECIAL TERMS AND CONDITIONS
1. The Term of the Contract shall commence on September 1, 2022, or the date of last Contract
Signature, whichever is later, and continue through August 31, 2023. This Contract may be
renewed for three one-year periods upon mutual written agreement between both Parties. The
same Contract requirements apply to a renewal period and any extension as apply to the
Contract period.
2. Prices must be firm for the term of the Contract.
3. TCEQ reserves the option to add or subtract like items or services to this Contract at the same
price rates, as set forth in the Fixed Payment Amounts, during the period of the Contract
including any renewals or extensions. Line item quantities listed are TCEgs best estimate. The
actual quantities will be determined in accordance with requirements during the Contract period
and any exercised renewals or extensions.
4. The TCEQ, by unilateral amendment, may extend the Contract for up to 180 days beyond any
expiration of the Contract Period.
5. Federal Conditions and Forms, Article 10, Section 5, is amended as follows:
5. The Performing Party shall retain all records documenting compliance with good faith efforts
when performing under the EPA DBE program for a period of three (3) years after date of
submission of the final reimbursement request.
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TCEQ CONTRACT: 582-23-40031
FEDERAL SECTION
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ENVIRONMENTAL Q ITY
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TCEQ CONTRACT: 582-23-40031
Federal Conditions and Forms
(GRANTS)
ARTICLE 1. FEDERAL REQUIREMENTS
This Agreement is funded in whole or in part with federal grant money. All applicable
requirements of TCEQ's federal grants; EPA grant policies and guidance; 2 Code of Federal
Regulations (CFR) Part 200, including procurement standards; and any additional federal
funding conditions that arise during the Agreement period, are incorporated herein by
reference. (TCEQ will provide copies of applicable federal grants or regulations upon request).
TCEQ has separately provided the current and available pass -through information required
under 2 CFR 200.331 to the Performing Party with this agreement. The term "Performing Party"
as used in these Federal Conditions means either Performing Party, Grantee, or Contractor, as
applicable.
ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS
In accordance with 2 CFR 200.315, EPA has the right to reproduce, publish, use and
authorize others to reproduce, publish and use copyrighted works or other data developed
under this agreement for Federal purposes. EPA may authorize another grantee to use
copyrighted works or other data developed with EPA funds provided under this agreement
to perform another grant when such use promotes efficient and effective use of Federal
grant funds.
ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT
The Performing Party shall acknowledge the financial support of the TCEQ and the U.S. EPA
whenever work funded, in whole or part, by this Agreement is publicized or reported in news
media or publications. All reports and other documents completed as a part of this Agreement,
other than documents prepared exclusively for internal use within the TCEQ shall carry the
following notation on the front cover or title page:
PREPARED IN COOPERATION WITH THE
TEXAS COMMISSIONON ENVIRONMENTAL QUALITY AND
U.S. ENVIRONMENTAL PROTECTION AGENCY
This project has been funded wholly or in part by the United States Environmental Protection
Agency under assistance agreement (number) to Texas Commission on Environmental Quality.
The contents of this document do not necessarily reflect the views and policies of the
Environmental Protection Agency, nor does the EPA endorse trade names or recommend the
use of commercial products mentioned in this document.
ARTICLE 4. RECYCLED MATERIALS
When Performing Party procures $10,000 or more of a designated item in a fiscal year
for this Contract or did so in the preceding fiscal year, Performing Party will select the
item containing the highest percentage of recycled materials practicable as required by
42 U.S.C. 6962 and 2 CFR 200.322. This requirement does not apply to incidental
purchases that are not a direct result of this Contract. Designated items are listed by
the EPA in the most recent Consolidated Recovered Materials Advisory Notice. If the
item with the highest percentage of recycled materials does not meet performance
standards or is not available in a reasonable time or at a reasonable price, or the
purchase of the item would not allow a reasonable level of competition, Performing
Party may select a different item. With its invoice, Performing Party will report any
purchases to which this section applies to TCEQ and indicate the percentage of recycled
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materials in the items purchased. If Performing Party does not select the item
containing the highest percentage of recycled materials, it will also state the reason.
2. Paper for Reports to EPA. When directed to provide paper documents, the Performing
Party agrees to use recycled paper and double -sided printing for all reports which are
prepared as a part of this agreement and delivered to EPA. This requirement does not
apply to reports prepared on forms supplied by EPA.
ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT
1. Performing Party shall have an accounting system which accounts for costs in
accordance with generally accepted accounting standards or principles and complies
with 2 CFR § 200.49. This system shall provide for the identification, accumulation, and
segregation of allowable and unallowable project costs among projects.
2. Performing Party shall comply with the property management requirements of 2 CFR §§
200.310 through 200.316.
ARTICLE 6. RECORDS, ACCESS, AND AUDIT
1. The Federal Government and its agencies will have the same rights of access to records
as are granted to, assigned to, or reserved by the TCEQ under this Agreement. The
Performing Party shall maintain fiscal records and supporting documentation for all
expenditures of funds pursuant to 2 CFR Part 200, Subparts D and F, as appropriate.
2. In accordance with 2 CFR 200.501(a), the Performing Party shall obtain a single audit if
it expends $750,000 or more a year in federal awards.
Performing Party must immediately notify the TCEQ of any audit findings specifically
related to this award and provide the TCEQ a copy of such findings within three (3)
business days after issuance. By submitting an invoice, Financial Status Report, or other
financial reporting documentation, Performing Party certifies that it did not receive any
audit findings specifically related to this award during the invoicing/reporting period,
except for such audit findings Performing Party already provided notice of in
accordance with this Section.
ARTICLE 7. SUSPENSION AND DEBARMENT
Performing Party shall fully comply with Subpart C of 2 CFR Part 180, entitled "Responsibilities
of Participants Regarding Transactions Doing Business With Other Persons," as implemented
and supplemented by 2 CFR Part 1532. Performing Party is responsible for ensuring that any
lower tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered
Transactions," includes a term or condition requiring compliance with Subpart C. Performing
Party is responsible for further requiring the inclusion of a similar term or condition in any
subsequent lower tier covered transactions. Performing Party acknowledges that failing to
disclose the information required under 2 CFR § 180.335 may result in the delay or negation of
this agreement or pursuance of legal remedies. Performing Party may access the System for
Award Management at: https://www.sam.gov/SAM/ or type "System for Award Management" in
an internet. search.
ARTICLE & PROHIBITION ON USE OF FEDERAL FUNDS FOR LOBBYING AND LITIGATION
1. The Performing Party agrees to comply with Title 40 CFR Part 34, New Restrictions on
Lobbying. The Performing Party agrees that none of the funds paid under this Contract
will be used to engage in the lobbying of the Federal Government in connection with
obtaining any federal contract, grant, or other award, or in litigation against the United
States unless authorized under existing law.
2. The Performing Party shall submit to the TCEQ the EPA Certification Regarding
Lobbying form and if applicable, the Disclosure of Lobbying Activities form. The
Performing Party must file a disclosure form at the end of each calendar quarter in
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TCEQ CONTRACT: 582-23-40031
which there occurs any event that requires disclosure or that materially affects the
accuracy of the information contained in any disclosure form previously filed.
In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a
prohibited expenditure under Title 40 CFR Part 34 or fails to file the required
certification or lobbying forms shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such expenditure.
ARTICLE 9. CIVIL RIGHTS OBLIGATIONS
In carrying out this agreement, the recipient must comply with:
a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on
race, color, and national origin, including limited English proficiency (LEP), by
entities receiving Federal financial assistance.
b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination
against persons with disabilities by entities receiving Federal financial assistance;
and
C. The Age Discrimination Act of 1975, which prohibits age discrimination by
entities receiving Federal financial assistance.
If the recipient is conducting an education program under this agreement, it must also
comply with:
a. Title IX of the Education Amendments of 1972, which prohibits discrimination
on the basis of sex in education programs and activities operated by entities
receiving Federal financial assistance.
If this agreement is funded with financial assistance under the Clean Water Act (CWA),
the recipient must also comply with:
a. Section 13 of the Federal Water Pollution Control Act Amendments of 1972,
which prohibits discrimination on the basis of sex in CWA-funded programs or
activities.
4. Regulatory Requirements
a. The recipient agrees to comply with all applicable EPA civil rights regulations,
including:
i. For Title IX obligations, 40 CFR Part 5; and
ii. For Title VI, Section 504, Age Discrimination Act, and Section 13
obligations, 40 CFR Part 7.
iii. As noted on the EPA Form 4700-4 signed by the recipient's authorized
representative, these regulations establish specific requirements
including maintaining compliance information, establishing grievance
procedures, designating a Civil Rights Coordinator and providing notices
of non-discrimination.
TITLE VI - LEP, Public Participation and Affirmative Compliance Obligation
a. As a recipient of EPA financial assistance, you are required by Title VI of the Civil
Rights Act to provide meaningful access to LEP individuals. In implementing that
requirement, the recipient agrees to use as a guide the Office of Civil Rights
(OCR) document entitled "Guidance to Environmental Protection Agency
Financial Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons." The
guidance can be found at
httDs://www.federalreLyister.gov/documents/2004/06/2 5 /04-14464/guidance-to-
environmental-Drotection-agencv-financial-as sistance-recipients-regarding-title-
vi.
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6. If the recipient is administering permitting programs under this agreement, the
recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPA
Assistance Recipients Administering Environmental Permitting Programs. The Guidance
can be found at httDs://www.govinfo.gov/content/> kg/FR-2006-03-21/> df/06-
2691.bdf.
7. In accepting this assistance agreement, the recipient acknowledges it has an affirmative
obligation to implement effective Title VI compliance programs and ensure that its
actions do not involve discriminatory treatment and do not have discriminatory effects
even when facially neutral. The recipient must be prepared to demonstrate to EPA that
such compliance programs exist and are being implemented or to otherwise
demonstrate how it is meeting its Title VI obligations.
ARTICLE 10. DISADVANTAGED BUSINESS ENTERPRISES (DBEs)
1. The Performing Party shall not discriminate on the basis of race, color, national origin or
sex in the performance of this Contract. The Performing Party shall carry out applicable
requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under EPA financial assistance agreements. Failure by the Performing Party to carry out
these requirements is a material breach of this Contract which may result in the
termination of this Contract or other legally available remedies.
2. Performing Party agrees that qualified DBEs and active Historically Underutilized
Businesses (HUBS) shall have the maximum practicable opportunity to participate in the
performance of the Work required under this Contract through possible subcontracts to
carry out portions of the Work or any goods or services procured to directly support the
Work.
3. The Performing Party is required to make a good faith effort to include HUBS or DBEs on
any procurement for subcontractors or suppliers/vendors for Work under this Contract.
4. The Performing Party must submit one of the following forms with each invoice.
a. TCEQ Disadvantaged Business Enterprise (DBE) Program MBE and WBE
Expenditures Report (attached); or
b. Texas Comptroller HUB Subcontracting Plan Progress Assessment Report (PAR)
found at httDs://comptroller.texas.gov/purchasing/vendor/hub/forms.Dh-D.
At minimum, this form shall include the name and identification number of the
HUB or DBE and the amount paid to the HUB or DBE.
5. The Performing Party shall retain all records documenting compliance with good faith
efforts when performing under the EPA DBE program.
6. Before terminating a DBE for convenience, the Performing Party must notify TCEQ in
writing.
7. If a DBE subcontractor fails to complete work for any reason, and the Performing Party
plans to procure a replacement subcontractor, the Performing Party must demonstrate
the same good faith effort to procure the replacement subcontractor.
8. The Performing Party must pay its subcontractors for satisfactory performance no more
than 10 days from the Performing Party's receipt of payment from TCEQ.
9. TCEQ's established fair share goals are as follows:
OAS. MBE G ( %) WBE GOAL (%)
Construction 7.34 10.60
Equipment 19.57 19.64
Services 12.98 23.70
Supplies 19.37 14.15
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ARTICLE 11. DEMONSTRATION OF COMPETENCY
In accordance with EPA directive FEM 2012-02 Rev. 1, "Policy to Assure the Competency of
Organizations Generating Environmental Measurement Data Under Agency -Funded Assistance
Agreements," if the Work performed by the Performing Party or any of its subcontractors or
subrecipients under this Contract includes generating or using environmental data through
sample collection, field measurements and/or laboratory analysis, then it must document and
maintain certification demonstrating the competency of individuals using or generating
environmental data under this Contract. Certification may include training records, certificates,
or educational credentials.
ARTICLE 12. TRAFFICKING IN PERSONS
Prohibition Statement - Performing Party may not engage in severe forms of trafficking
in persons during the period of time that the award is in effect; procure a commercial
sex act during the period of time of the award; or use forced labor in the performance of
the award or subaward under the award.
a. TCEQ may unilaterally terminate this award, without penalty, if a Performing
Party that is a private entity: (1) is determined to have violated an applicable
prohibition in the Prohibition Statement above; or (2) has an employee who is
determined by the agency official authorized to terminate the award to have
violated an applicable prohibition in the Prohibition Statement through conduct
that is either (a) associated with performance under this award; or (b) imputed to
the Performing Party using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180,
"OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)", as implemented at 2 CFR Part 1532. The Performing Party
must inform TCEQ immediately of any information you receive from any source
alleging a violation of a prohibition in the Prohibition Statement above.
b. TCEQ's right to terminate unilaterally: (1) implements section 106(g) of the
Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g)), and (2) is in addition to all other remedies for noncompliance that are
available to TCEQ under this award.
ARTICLE 13. MISCELLANEOUS PROVISIONS
1. Drug -Free Workplace. The Performing Party must make an ongoing, good faith effort to
maintain a drug -free workplace pursuant to the specific requirements set forth in Title 2
CFR Part 1536. Additionally, in accordance with these regulations, the Performing Party
must identify all known workplaces under its federal awards and keep this information
on file during the performance of the award.
2. Hotel and Motel Fire Safety Act. Pursuant to 40 CFR 30.18, if applicable, and 15 U.S.C.
2225a, the Performing Party agrees to ensure that all space for conferences, meetings,
conventions, or training seminars funded in whole or in part with federal funds
complies with the protection and control guidelines of the Hotel and Motel Fire Safety
Act (PL 101-391, as amended). Performing Party may search the Hotel -Motel National
Master List at httDs://aDDs.usfa.fema.Lov/hotel/ to see if a property is in compliance, or
to find other information about the Act.
3. Clean Air Act and Federal Water Pollution Control Act. If the Agreement is in excess of
$150,000, the Performing Party agrees to comply with all applicable standards, orders
and regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 - 7671q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387).
4. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment. The Performing Party is prohibited from using grant funds to enter into
contracts or subawards (or extend or renew contracts or subawards) with entities that
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use or provide covered telecommunications equipment or services as described in 2 CFR
§ 200.216 and Public Law 115-232, Section 889. This prohibition includes in -kind
contributions. This provision is subject to the exceptions provided in Public Law 115-
232, Section 889.
5. Domestic Preferences for Procurements. In accordance with 2 CFR 200.322, and to the
maximum extent practicable, appropriate, and consistent with applicable law,
Performing Party will provide a preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this
provision must be included in all subawards, contracts, and purchase orders for work or
products funded by this award.
6. Religious Liberty. In accordance with 2 CFR § 200.300 and Executive Order 13798,
ensure, for states and other public recipients, that subawards are not conditioned in a
manner that would disadvantage applicants for subawards based on their religious
character.
ARTICLE 14. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
REPORTING
1. In accordance with 2 CFR Part 25, entities that receive subawards from TCEQ that are
funded wholly or partially with federal funds must (1) be registered in the Central
Contractor Registration (CCR) prior to submitting an application or plan or entering into
an agreement; (2) maintain an active CCR registration with current information at all
times while the application or plan is under consideration by TCEQ or during the term
of the agreement; and (3) provide its Data Universal Numbering System (DUNS) number
in each application or plan it submits to TCEQ unless an exemption applies.
2. No funds may be received or awarded until Performing Party has complied with these
requirements and provided a valid DUNS number.
3. Additionally, in accordance with 2 CFR Part 170, if certain elements are met, Performing
Party must report the total compensation for each of its five most highly compensated
executives for the preceding completed fiscal year.
4. These elements are found on the TCEQ Federal Funding Accountability and
Transparency Act Reporting Form, which must be completed and provided to TCEQ no
later than the Performing Party's date of signature on this agreement.
ARTICLE 15. CONSULTANT SALARY CAP
1. The salary rate (excluding overhead) paid to individual consultants retained by the
Performing Party is limited to the maximum daily rate for a Level IV of the Executive
Schedule, available at: httns://www.o-Dm.gov/Dolicv-data-oversight/bav-leave/salaries-
wa es , and adjusted annually.
2. This limit applies to consultation services of designated individuals with specialized
skills who are paid at a daily or hourly rate. This salary limit applies unless the
consultant was selected through a procurement process that conforms to Subpart D of 2
CFR 200.
3. Under EPA's policy regarding payments to consultants under grants, consultants are
typically individuals who are experts with excellent qualifications and are usually
regarded as authorities or practitioners of unusual competence and skill by other
individuals engaged in the same profession.
ARTICLE 16. MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates
are not allowable. The term "management fees or similar charges" refers to expenses added to
the direct costs in order to accumulate and reserve funds for ongoing business expenses;
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unforeseen liabilities; or for other similar costs which are not allowable under this assistance
agreement. Management fees or similar charges may not be used to improve or expand the
project funded under this agreement, except to the extent authorized as a direct cost of
carrying out the scope of work.
ARTICLE 17. COST AND PRICE OF THIS AGREEMENT
The Performing Party must comply with 2 CFR §200.323. The Performing Party may request a
form from TCEQ to use when performing a cost or price analysis.
ARTICLE 18. CYBERSECURITY
1. Any connection between the Grantee's network or information technology system and
an EPA network or information technology system used to transfer data under this
agreement must be secure. A connection is a dedicated persistent interface between the
Grantee's network or information technology system and EPA's network or information
technology system for the purpose of transferring information.
2. The Grantee will contact the EPA Project Officer (PO) and work with the designated
Regional/Headquarters Information Security Officer to ensure that the connections meet
EPA security requirements, including entering into Interconnection Service Agreements
as appropriate. Contact the TCEQ Grant Manager for the EPA PO's contact information.
3. This condition does not apply to (1) transitory user -controlled connections, such as
website browsing, (2) manual entry of data by the Grantee into systems operated and
used by EPA's regulatory programs for the submission of reporting and/or compliance
data, or (3) Grantee's connections that use the Environmental Information Exchange
Network or EPA's Central Data Exchange.
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Instructions on how to fill out the
attached Federal Forms:
Certification Regarding Lobbying (EPA Form 6600-06) — Complete and return with
signed Contract. Contains certifications about the use of Federal appropriated funds in
connection with lobbying. If at any time during the course of the Contract you have any
federal lobbying to report, you must provide a Disclosure Regarding Lobbying Form
(SF-LLL) to the TCEQ Project Representative, with quarterly updates. Note, this form is
not attached, but may be found online.
2. TCEQ Disadvantaged Business Enterprise (DBE) Program MBE and WBE Expenditures
Report — submitted with each invoice.
TCEQ Federal Funding Accountability and Transparency Act Reporting Form —
Completed upon or prior to Contract execution.
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A United States OMB Control No. 2030-0020
\` wt EPA ENVIRONMENTAL PROTECTION AGENCY Approval expires 06/30/2024
Washington, DC 20460
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2030-0020).
Responses to this collection of information are required to obtain an assistance agreement (40 CFR Part 30, 40 CFR Part 31, and 40 CFR Pad 33 for
awards made prior to December 26, 2014, and 2 CFR 200, 2 CFR 1500, and 40 CFR Pad 33 for awards made after December 26, 2014). An agency may
not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
The public reporting and recordkeeping burden for this collection of information is estimated to be 0.25 hours per response. Send comments on the
Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the
Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include
the OMB control number in any correspondence. Do not send the completed form to this address.
EPA Project Control Number
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS,
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Typed Name & Title of Authorized Representative
Signature and Date of Authorized Representative
EPA,MF 4R .8k2014) Previous editions arg p� gl5etgf 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT: 582-23-40031
TCEQ - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM -
� MINORITY BUSINESS ENTERPRISE (MBE) AND WOMAN OWNED BUSINESS
`� ENTERPRISE (WBE) EXPENDITURES REPORT
TCEQ
Federally Funded Grants
Grantee Name:
Grantee ID #:
Grantee Point of Contact (POC) Name:
POC Phone Number: POC Email:
TCEQ Contract #:
Invoice Reporting
Period Date:
Invoice #:
Invoice Amount:
MBE/WBE Subcontractor Expenditures for this Reporting Period
Was this
payment for
Services, Indicate
Equipment or MBE or
MBE/WBE Subcontractor Vendor ID: Supplies? WBE Amt. Paid
A DBE is a Disadvantaged, Minority, or Woman Business Enterprise Total MBE/WBE Pmts.
that has been certified by an entity from which EPA accepts for this Reporting Period:
certifications as described in 40 CFR 33.204-33.205 or certifies by
EPA. Subcontractor is defined as a company, firm, joint venture, or
individual who provides goods or services pursuant to an EPA
award of financial assistance. This does not include a grantee's
subrecipients.
AFFIRMATION. The information provided on this form is accurate and complete.
Signature: Date:
TEXAS COMMISSION ON Page 16 of 68
ENVIRONMENTAL QU ITY
�.� F .WORTH M /PM 5 TCEQ CONTRA T: 582-23-400 1
Tele'rai Funding Accountability and Transparency Act
This form is required to be completed by the subrecipient for contracts funded wholly or
partially with federal funds by TCEQ. In accordance with 2 Code of Federal Regulation (CFR)
TCEG Part 170 the Federal Funding Accountability and Transparency Act, TCEQ must collect
subrecipient information for transactions $25,000 or greater.
Information completed by TCEQ Program Area:
TCEQ Contract I
582-23-40031
No./PCR
Information completed by Subrecipient:
Legal Name of Entity
DUNS Number + 4
Location of Entity
(address) (city, state) (zip + 4)
Exemption from reporting compensation information
* ❑ Please check box for exemption from reporting if in the preceding fiscal year ANY of the
following applied:
• Recipient received less than 80% of its annual gross revenues in Federal awards (federal
contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements); or
• the recipient received less than $25,000,000 in annual gross revenues from Federal awards; or
• the public has access to information about compensation of the senior executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.
Total Compensation and Names of Top Five Executives (if applicable)
Name
Subrecipient Responsible Party
Title Print Name
Compensation Amount
Signature/Date
TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
Page 17 of 68
�ixlmwtl WUK1H1.A1V1b/YML.S 1l QlUN1KAl1:56L-LS u-5I
Federal Funding Accountability and Transparency Act
This form is required to be completed by the subrecipient for contracts funded wholly
or partially with Federal funds by TCEQ. In accordance with 2 CFR 170 the Federal
TCEQ Funding Accountability and Transparency Act (FFATA), TCEQ must collect
subrecipient information for transactions $25,000 or greater.
FFATA Form Instructions
Information completed by TCEQ Program Area:
This field should be completed by TCEQ program area.
• TCEQ Contract No./PCR - Enter the Contract Number and Purchase Contract Request
(PCR) generated by BAMS when the original contract is first established. The PCR number
does not need to be provided if it is the same as the last five digits of the Contract number.
Information completed by Subrecipient:
Each field requires a response by the subrecipient. If data is not available, the subrecipient should
enter an asterisk (`) in the field and provide an explanation.
• Legal Name of Entity - Enter name of the subrecipient organization that corresponds with
subrecipient's Data Universal Numbering System (DUNS) as it appears in the System for
Award Management (SAM) profile, www.sam.gov.
• DUNS Number + 4 - Enter subrecipient's organization's 9-digit DUNS number as it appears
in its SAM Profile and the +4 extension to the DUNS number. The +4 extension is created by
registrants in SAM when there is a need for more than one bank/Electronic Funds Transfer
(EFT) account for a location.
• Location of Entity - Provide address where subrecipient's organization is located as it
appears in subrecipient's SAM profile.
• Total Compensation and Names of Top Five Executives (if applicable) - As defined in 2
CFR 170.110, you must report Executive Compensation from your preceding fiscal year
unless any of the exemption criteria apply.
• Subrecipient Responsible Party - The person completing the form should provide title,
print name, signature, and date the form was signed.
Return completed and signed form to TCEQ Contract Manager.
TEXAS COMMISSION ON Page 18 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
SCOPE OF WORK
TEXAS COMMISSION ON Page 19 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
SCOPE OF WORK
I. FACTS/PURPOSE
The Performing Party will operate and maintain the air monitoring stations in Eagle
Mountain Lake and Fort Worth, Texas, listed below in Table I.A in accordance with
40 Code of Federal Regulations (CFR) Parts 50 and 58, the effective Texas
Commission onEnvironmental Quality (TCEQ) quality assurance project plans
(QAPPs) pertaining to the State or Local Air Monitoring Stations (SLAMS) network,
Particulate Matter of 2.5 Micrometers or Less (PM2.5) program and the
Photochemical Assessment Monitoring Station (PAMS) networks, equipment
standard operating procedures (SOPS), and the Preventive Maintenance Instructions
(PMI) Manual. This documentation is available upon request.
Air monitoring stations are subject to relocation and sampler changes (including
changes in sampling frequency). In the event of site relocation, the Performing
Party will be notified 30 days prior to relocation. The Performing Party will operate
similar, additional, or relocated ambient air monitoring equipment as needed and
as agreed upon by both parties.
Table I.A lists all parameters and air monitoring stations operated and maintained
under this Contract. Additional auxiliary equipment needed for the data collection
isnot listed.
Table I.A: Equipment
Station
Address
Equipment Type
Operating
Schedule
Eagle Mountain Lake
14290 Morris Dido
NOx analyzer
continuous
AQS# 484390075
Newark Road, Eagle
CAMS 0075
Mountain, Texas,
76179
Fort Worth
1198 California
PM2.5 continuous
continuous
California Parkway
Parkway North, Fort
monitor(Primary)
North
Worth, Texas, 76115
PM2.5 continuous
continuous
AQS# 484391053
monitor(Collocated)
CAMS 1053
Haws Athletic
600 %Z Congress Street,
Center
Fort Worth, Texas,
PM2.5 continuous monitor
continuous
AQS# 484391006
76107
CAMS 0310
Keller
Federal Aviation
NOx analyzer
continuous
AQS# 484392003
Administration (FAA)
CAMS 0017
site off Alta Vista
Road, Fort Worth,
Texas, 76244
# - number
AQS - Air Quality System
CAMS - continuous air monitoring
stationNOx - oxides of nitrogen
PM2.5 - particulate matter of 2.5 micrometers or less in diameter
TEXAS COMMISSION ON Page 20 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT: 582-23-40031
II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF
A. Provide all air monitoring equipment, parts, audit equipment, gas
standards, sample media as required, data collection equipment, and
equipment related supplies for the proper operation of the air
monitoring stations.
B. Provide electricity and modem for data collection at the air monitoring stations.
C. Provide shipping labels or shipping account information upon request
for the Performing Party to ship air monitoring equipment, parts, audit
equipment, andequipment related supplies to the TCEQ.
D. Provide Performing Party staff with individual virtual private network (VPN)
access accounts to check the site status remotely and update electronic
operator logs through the TCEgs internal status report webpage during the
term of the Contract.Issuance of VPN access accounts to individuals is
entirely within the discretion of TCEQ and may be denied and/or revoked
with or without cause. All VPN access accounts issued pursuant to this
Contract will be revoked upon its expiration.
E. Provide training for equipment operations and other activities designed to
increasetechnical capabilities required to support this agreement upon
request by the Performing Party.
F. Provide contact information, troubleshooting, and technical support
related to TCEQ air monitoring equipment by phone, email, or on -site
visits, during regularbusiness days between the hours of 8:00 AM and
5:00 PM Central Standard Time(CST).
G.
Penelope Mendoza (512) 239-1722 is the Project Manager and point
of contact for this Contract. Additional experienced TCEQ staff will be
available in their absence. Contact information for technical staff is
available upon request.
Jennifer Templeton (512) 239-5058 is the point -of -contact for the
Contract Specialist.
III. PERFORMING PARTY RESPONSIBILITIES
A. At a minimum, provide one primary operator with at least six months
experience with operating, maintaining, and troubleshooting continuous
and non- continuousair monitoring instrumentation and one backup site
operator with similar experience. These site operators must be
electrical/mechanical grade technicians capable of operating,
troubleshooting, and performing maintenance on meteorological hardware
and electronic monitoring equipment. Staff must be proficient with the use
of Volt/Ohm meters, dry gas meters, calibration/audit equipment, and
personal computers.
B. Provide all site maintenance equipment (i.e., lawnmower, edge trimmer, ladder,
etc.)
C. Designate a project representative who receives communications from the
TCEQ, manages the work being performed, and acts on behalf of the
Performing Party asan authorized representative. Participate in regular
phone calls with the TCEQ Project Manager. Calls will be scheduled as
agreed upon by both parties and documented in writing by the TCEQ
Project Manager.
D. Communicate effectively and promptly with TCEQ technical staff to
troubleshoot malfunctioning equipment. Address all warnings and failures
TEXAS COMMISSION ON Page 21 of 68
ENVIRONMENTAL QUALITY
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TCEQ CONTRACT: 582-23-40031
as soon as detected,or no later than the next business day.
E. At least one operator must be present during all TCEQ assessments or site
visits. Atleast one assessment per year should be expected. More frequent
assessments may occur if significant or persistent data quality issues occur.
If the data quality objectives are not met, the Performing Party must take
corrective action and if requested, produce a corrective action plan by the
required deadline.
F. Operate monitoring equipment according to federal regulations,
establishedapplicable SOPs, PMIs, QAPPs, and any other guidance
documents. This documentation is available upon request.
G. Operate air monitoring equipment according to Table VU.A and ensure
the deliverables listed are performed adequately and on time. Document
completionand submit deliverables in the manner listed in Table VII.A.
H. Monitor the site status remotely through the agency's internal status report
webpage using the TCEQ-provided VPN access. Ensure individual VPN access
accounts remain active. If VPN access is lost, notify the TCEQ Project
Manager upondiscovery. VPN access accounts are issued to individuals
annually and must not be shared amongst Performing Party's staff. VPN
access accounts issued pursuant to this Contract may only be used to
complete TCEQ work.
I. Notify the TCEQ through electronic mail of the name and termination date
for anypersonnel who is terminated or removed from work on this
Contract, within one business day of the termination date. The Performing
Party will notify the TCEQ through electronic mail of the name of new
personnel assigned to work on this Contract within five business days.
J. Reply in writing to all TCEQ requests by set deadlines. Promptly respond
to andcomply with verbal and written guidance from the TCEQ Project
Manager and technical support staff.
K. Document all site activities in the electronic operator log, including but not
limitedto requirements listed in SOPS, before leaving a site where access to
electronic log is available or within two business days where site access to
electronic logs is not available.
L. Ensure the certification for all equipment and gas cylinders is current.
Equipment must be sent to TCEQ for verification prior to expiration. Prior
approval is requiredto use any expired equipment or cylinders.
M. Document all equipment and gas cylinder changes in Hardware Tracker
within twobusiness days of the change.
N. Make travel arrangements and cover expenses for staff to attend all
requestedtrainings, competency evaluations, and meetings.
O. Maintain and provide as needed: documentation of shipping expenses,
insurancecosts (required) whether using the TCEQ account or other, and
any additional information necessary to track equipment.
P. When visiting the TCEQ headquarters, all staff must enter through the front
of thebuilding, check -in with the security guard, and be escorted by TCEQ
staff.
Q. Notify the TCEQ Project Manager immediately of any damages due to
accident or vandalism. Provide pictures, police reports, and communications
to provide remedywithin 48 hours of discovery. The TCEQ is not responsible
for damages due to negligence of the Performing Party or its subcontractors.
The Performing Party must provide adequate replacement for equipment
that is lost, stolen, or damaged due to negligence by the Performing Party or
any subcontractor.
TEXAS COMMISSION ON Page 22 of 68
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TCEQ CONTRACT: 582-23-40031
R. Provide arrangements to convey equipment to and from the site to TCEQ
employees at mutually agreed upon locations for exchange, delivery, or
transfer.The Performing Party is responsible for its own fuel, vehicle, and
any other expenses associated with the requested conveyance.
S. Upon request by the TCEQ, provide guided tours of the monitoring sites,
not toexceed four hours per quarter.
T. Complete the Basic Siting Criteria checklist annually and submit a copy to the
TCEQProject Manager by the requested deadline. Notify the TCEQ Project
Manager of anynon-conformance or obstructions to the monitoring path upon
discovery.
U. Complete the CAMS Operator and Safety Checklists monthly and note its
completion in the electronic operator log. Maintain a copy on site. Notify the
TCEQ Project Manager about any unresolved safety issue and non-conformance
upondiscovery.
V. Provide limited logistical support related to relocating or establishing a
new air monitoring site. This may include, but is not limited to, assistance
with locating anew site, providing access to contractors and utility
companies for site construction, and reviewing and documenting site
construction activities.
W. Perform transitional services. Given the nature and importance of the
services requested under this Contract, TCEQ must maintain uninterrupted
services. The Performing Party will provide services as needed to assist in
the smooth transitionof a replacement contractor. Transitional services
include, but are not limited to:
• the Performing Party will provide one week of training to the
replacementcontractor;
• the Performing Party will provide reports, maps, property site
contact information, keys, equipment, and other TCEQ property to
the replacementcontractor upon execution of said future Contract;
• the Performing Party will report to the replacement contractor any
pendingproblems being investigated or for which equipment repair
is incomplete;
• upon request by TCEQ, the Performing Party will provide to the
replacementcontractor access to site trailers, buildings, utilities, or
other locked areas;
• the Performing Party will notify the TCEQ Project Manager in writing
when thetransition of services is complete; and
• at all times, the Performing Party will provide complete cooperation,
courtesy, civility, and professionalism when providing transitional
services and communicating with the replacement contractor staff.
IV. DESCRIPTION OF DELIVERABLES
The Performing Party must operate and maintain the air monitoring stations
listed in Section I according to all applicable federal regulations and all
effective TCEQ QAPPs, SOPS, and PMIs, as well as any additional guidance
provided by the TCEQ Project Manager to meet existing, and future, federal and
state air monitoring requirements. Ifthere are discrepancies between the TCEQ
SOPS and this Contract, the Performing Party must contact the TCEQ Project
Manager for clarification and approval. TCEQ documents can be accessed
through the TCEQ Rhone page and are also available uponrequest.
TEXAS COMMISSION ON Page 23 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
V. ACCEPTANCE CRITERIA
A. The Performing Party is required to provide the TCEQ at least an 85 percent
(%) quarterly data return from all monitors and samplers. If the 85% data
return is not achieved, assignable cause must be identified within a week
after each month end. Assignable causes may include acts of nature
(tornadoes, hurricanes, hail, etc.), vandalism, or circumstances beyond the
control of the Performing Party. Neglect ofthe site is not an assignable
cause.
B. Failure to meet 85% quarterly data returns without assignable cause
may result in discretionary payment reductions. Considerations for
the reduction of payment willconsist of evaluation of the Performing
Party's performance of required operating procedures, quality
control procedures, and effective and timely communication of non-
compliance issues. Any payment adjustment made under this
section is cumulative with all other remedies, and non-compliance
issues may require additional corrective action.
C. The parties agree that the following payment reductions represent a
reasonable calculation of damages to the TCEQ in the event that the
Performing Party fails tomeet the required 85% quarterly data return
without an assignable cause.
a. The TCEQ may reduce payment to the Performing Party for non-
compliantquarter by up to 25% of the total amount invoiced.
a. Payment reductions made under this section may not reduce the total
amount paid to Performing Party for an entire fiscal year by more
than 25% of the total amount invoiced. After receipt of the fourth
quarter invoice, TCEQ will perform an accounting of all payment
reductions and make necessary adjustments to the final payment to
ensure that Performing Partyis paid at least 75% of the total amount
invoiced for the fiscal year.
VI. VENDOR PERFORMANCE EVALUATION
Failure to meet Contract deliverables will be noted and documented in the
TCEQ Project Manager's performance evaluation of the Performing Party and
may determinethe continuation of this Contract.
VII. SCHEDULE OF DELIVERABLES
The Performing Party must provide the deliverables listed in Table VILA to the
TCEQ inaccordance with the noted timeframes.
TEXAS COMMISSION ON Page 24 of 68
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TCEQ CONTRACT: 582-23-40031
Table VII.A: Contract Deliverables
Deliverable
I Equipment
I Summary of Tasks and
I Submit to: I
Timeframes
Data Collection
all • Operate all samplers according
LEAD via VPN or
to applicable Standard
through the on-sitedata
Operating Procedures(SOPs) and
logger
the U.S. EPA Monitoring
Schedule.
• Review continuous data in
Leading Environmental
Analysis and Display System
(LEAD ) daily to ensure
S
sampler
function.
Equipment
all . Respond to equipment
Project Manager, TCEQ
Failure
warnings, failures or
equipment support
Response
malfunctions by visiting the site
staff, andLEAD via VPN
on thesame day if feasible, but
no later than thenext business
day.
• Notify the TCEQ in writing
within onebusiness day of
problem resolution.
• Follow the TCEQ's technical
advice andinstructions
without exception when
troubleshooting equipment.
• Document all equipment
actions and subsequent
resolution in the electronic
operator log and hardware
tracker if
applicable.
Equipment
all • Report equipment failures or
TCEQ equipment support
Failure and
malfunctions in writing the
staff, Project Manager,
Sample
same day as discovered. Include
and LEADS via VPN
LossReport
symptoms or cause offailure
and contact information for the
Performing Party personnel
immediately available to
troubleshoot.
• Report in writing within one
business dayif any continuous
monitor fails to collect data for
more than 48 consecutive hours
or when two consecutive non -
continuous
samples are missed or invalid.
Include reason for data loss and
corrective action.
TEXAS COMMISSION ON Page 25 of 68
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TCEQ CONTRACT: 582-23-40031
Monthly PM2.5 • Perform verifications monthly
Verification continuous within firstten business days of
andReport the month.
• Perform verification
procedures asdefined by
instrument SOPS.
• Perform calibrations as needed
or when amonthly verification
fails.
• For each verification, use
the latestversion of the
worksheet.
• Document all verifications in
the electronic operator log
according to the requirements
listed in Section III of this
Contract, identifying the
sampler, the results, and the
date of the verification. The
originator must review the
worksheetfor accuracy.
• Verification reports must be
reviewed bysomeone other
than the originator prior to
submission to the TCEQ to
ensure
bm@tcea.texas.Lyovand
Project Manager
TEXAS COMMISSION ON Page 26 of 68
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TCEQ CONTRACT: 582-23-40031
Deliverable I Equipment I Summary of Tasks and I Submit to: I
Timeframes
accuracy. The review
must be documented
in the worksheet.
• Submit verification report
within fivebusiness days of
completion.
• If corrections are requested by
the TCEQ, the Performing Party
will correct and return the
worksheet within the requested
timeframe.
Quarterly PM2.5 . Perform quarterly audits within
Auditand continuous first ten business days of the
Report quarter. Quarters aredefined by
instrument SOPS.
• Perform additional audits
after instrument repair,
modification, or
replacement.
• For each audit, use the latest
version ofthe worksheet.
• Document all audits in the
electronic operator log
according to the requirements
listed in Section III of this
Contract, identifying the
sampler, the results, and the
date of the audit. The
originator must review the
worksheet foraccuracy.
• Audit reports must be
reviewed by someone other
than the originator priorto
submission to the TCEQ to
ensure accuracy. The review
must be documented in the
worksheet.
• Submit audit reports within five
businessdays of completion.
• If corrections are requested by
the TCEQ, the Performing Party
will correct and return the
worksheet within the requested
timeframe.
bm@tcea.texas.Lyovand
Project Manager
TEXAS COMMISSION ON Page 27 of 68
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TCEQ CONTRACT: 582-23-40031
Laboratory NOx . Perform eight LCCs per year,
Control Check two per calendar quarter,
(LCC) and Report approximately 45 daysapart
per instrument.
• For each LCC, use the latest
version of theworksheet.
• Document all LCCs in the
electronic operator log
according to the requirements
listed in Section III of this
Contract, identifying the
analyzer, the results, and the
date of the LCC. The originator
must review the worksheet for
accuracy.
• LCC reports must be reviewed
by someone other than the
originator priorto submission
to the TCEQ to ensure
accuracy. The review must be
documented in the worksheet.
• Submit LCC reports within five
businessdays of LCC
completion.
lcc@tcea.texas. govand
Project Manager
TEXAS COMMISSION ON Page 28 of 68
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TCEQ CONTRACT: 582-23-40031
Deliverable
I Equipment
I Summary of Tasks and
Timeframes
I Submit to: I
. If corrections are requested by
the TCEQ, the Performing Party
will correct and return the
worksheet within the requested
timeframe.
Preventive
all • Perform all the PMIS
LEADS via VPN and
Maintenance
mentioned in theequipment
Project Manager
Instruction
SOPS by the set deadlines
(PMI)
. Detailed information of the
Completion
PMIs can be found on the
current version of the PMI
Manual located on the Rhone
web page athttD://rhone/cgi-
bin/Dmi_docs.Dl.
• Perform any future PMIs
developed forthe equipment
listed in Table I.A with TCEQ
notification.
• Enter the completion of each
PMI, the PMInumber, and the
date of completion, in the
electronic operator log
according to the requirements
listed in Section III of this
Contract.
• Track PMI completion using the
TCEQ PMItracker and submit
monthly by the tenth calendar
day of the following month.
On -Site Quality
all . Submit completed pre-
TCEQ Data QualityTeam
Assurance (QA)
audit questionnaires
and Project Manager
and
by set deadlines.
Performance
. At least one site operator
Evaluation (PE)
responsible forthe equipment
Audits
of interest must be present
during the audit.
• If requested, assist TCEQ staff
or U.S. EPAauditors on -site
during audits and assessments.
• When notified of failures or
warnings, troubleshoot and if
requested, produce awritten
response by the deadline.
. If requested, provide a
corrective actionplan to the
final audit report by the set
deadline.
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TCEQ CONTRACT: 582-23-40031
Site Maintenance site • Maintain site free of
vegetation higherthan six
inches and trash or debris.
• Ensure site remains locked
and securewhen staff are
not on -site.
• Obtain written approval from
the TCEQ tochange the site lock
or combination and major site
modifications prior to the
change.
• Record all site maintenance in
the electronic operator log
according to therequirements
listed in Section III of this
Contract.
• Complete the Siting Criteria
Checklist annually and submit
to the TCEQ ProjectManager by
the requested deadline. Notify
the TCEQ Project Manager of
any
threats to siting criteria when
threats
Project Manager
TEXAS COMMISSION ON Page 30 of 68
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TCEQ CONTRACT: 582-23-40031
Deliverable I Equipment I Summary of Tasks and I Submit to: I
Timeframes
occur, such as the growth
of trees orconstruction of
nearby structures.
• Complete the CAMS Operator
and Safety Checklists monthly
and note its completion in the
electronic operator log.
Checklists must be kept at the
site eitherelectronically or as a
physical copy. The checklists
are located on the TCEQ Rhone
page.
• Notify the TCEQ Project
Manager aboutany
unresolved safety issue and
non- conformance or concern
on the day of
discovery.
Invoice all Submit invoices at the following Project Managerand
and intervals: Contract Specialist
Release of o September - November
Claims • due December 31st
Submissio o December - February
n • due March 31 st
o March
due April 30th
o April - May
• due June 30th
o June - August
• due October 30th
• Submit completed Release of
Claims formwith the final
contract invoice.
• Invoices must include an
organized anddetailed
breakdown of all
expenditures.
• Invoice submittal extensions
must be requested at least
one week before duedate.
• Any inappropriate expenditure,
includingitems not related to
the project, will result in the
invoice being rejected.
• If an invoice is rejected, the
PerformingParty must submit
a revised invoice by
the requested date.
TEXAS COMMISSION ON Page 31 of 68
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TCEQ CONTRACT: 582-23-40031
Data all • Track and submit data
Completenes completenessreports
sReports quarterly according to the
schedule below:
o September -
November
due December 31st
o December - Februarys
due March 31 s
o March - May
due June 30th
o June - August
due October 30th
• Include description of how
data completeness was
determined and provide
justification for data loss
and
corrective actions taken.
Project Manager
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Deliverable I Equipment I Summary of Tasks and I Submit to: I
Timeframes
Inventory all . Document any equipment or
Management and gas cylinderreplacement or
Reports change in the electronic
operator log and Hardware
Tracker according to the
requirements listed in Section
III of this Contract.
• Ship inoperable equipment to
the TCEQ within five business
days of replacement.
Coordinate with the TCEQ
Project Manager if the
equipment cannot be shipped.
• Upon request, promptly assist
the ProjectManager with
maintaining inventory control
and with Inventory
Management Database (IMD)
requests.
• Track and submit quarterly
TCEQ assetinventory reports
on the following schedule:
o September - November
due December 31 st
o December -
Februa
due March 31�t
o March - May
• due June 30th
o June - August
due October 30th
Documentation all • Ensure all site operators
of Competency successfully complete and
(DOC) maintain all applicable
DOCs.
• Site operators must complete
and submita Contractor
Competency Evaluation Form
(CCEF) to the TCEQ Project
Managerfor all equipment
within 90 days after the
effective date of this Contract
or deployment of new
equipment.
• If an operator is hired after
the effectivedate of this
Contract, submit a CCEF for
all applicable equipment
within six months of the
operator's hire date. Thenew
operator may not work
independently until his/her
CCEF has been completed.
Project Manager
Project Manager
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*Maintain copies of the
completed CCEFs and any
supporting documentation for
aminimum of seven years.
Make this documentation
available to the TCEQ
upon request.
Quality all
• Read all QAPP documents
Assurance
applicable to Performing
Project Plan
Party's program and complete
(QAPP)
QAPP Review Signature Form.
Submit the signed form to the
TCEQ Project Managerwithin 30
days of Contract issuance and/
or QAPP revision. The signature
form is
available upon request
from the TCEQProject
Manager.
Project Manager
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Deliverable Equipment I Summary of Tasks and I Submit to:
Timeframes
FOSTAT all
• Read all applicable FOSTAT
Standard
SOPS and complete SOP
Operating
Review Signature Form. Submit
Procedures
the signed form to the TCEQ
(sops)
Project Manager within ten
business daysof Contract
issuance and/ or SOP effective
date. The signature form is
available upon request from
the TCEQ
Project Manager.
=AMS - continuous air
monitoring stationFOSTAT -
field operations stationary
NOx - oxides of nitrogen
PM2.5 - particulate matter of 2.5 micrometers or less in diameter
site - trailer, fence, electrical equipment, and site pad, and any encroaching
vegetationTCEQ- Texas Commission on Environmental Quality
U.S. EPA - United States Environmental
Protection AgencyVPN - virtual private network
Project Manager
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GENERAL TERMS AND CONDITIONS
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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
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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.
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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
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additional information, please refer to the Texas Comptroller's Accounting Policy
Statement (APS) 014.
5. FINANCIAL RECORDS, ACCESS, AND AUDITS
5.1 Audit of Funds. The Performing Party understands that acceptance of funds
under this Contract acts as acceptance of the authority of the State Auditor's
Office, or any successor agency, to conduct an audit or investigation in
connection with those funds. Performing Party further agrees to fully cooperate
with the State Auditor's Office or its successor 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.
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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.
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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.
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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,
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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;
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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.
k&MM) tMA ►i/\ 1K131XI C3 0 CeIM I WK
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 45 of 68
ENVIRONMENTAL QUALITY
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TCEQ CONTRACT: 582-23-40031
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 46 of 68
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CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT: 582-23-40031
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 47 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
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 48 of 68
ENVIRONMENTAL QUALITY
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TCEQ CONTRACT: 582-23-40031
COST BUDGET
TEXAS COMMISSION ON Page 49 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT: 582-23-40031
Cost Budget for Fiscal Year 2023
Cooperative Reimbursement Contract for
State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
Budget Category
Cost for Work to be
Performed
Salary / Wages
$40,000.00
Fringe Benefits
$20,451.21
Travel
$ 0.00
Supplies
$0.00
Equipment
$0.00
Contractual
$0.00
Construction
$0.00
Other
$0.00
Indirect Costs
$4,000.00
Total
$ 64,4 51.21
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 10% of (check one):
❑ salary and fringe benefits
❑ modified total direct costs
❑ other direct costs base
If other direct cost base, identify:
This rate is less than or equal to (check one):
❑ Predetermined Rate —an audited rate that is not subject to adjustment.
❑ Negotiated Predetermined Rate —an experienced -based predetermined rate agreed to by
Performing Party and 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 $25,000 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.
TEXAS COMMISSION ON Page 50 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
6. Budget Control.
TCEQ CONTRACT: 582-23-40031
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 TCEQ Project Representatives and Records Location at monthly intervals.
Final invoices shall be submitted within two (2) calendar months after completing the Scope of
Work activities. TCEQ may unilaterally extend this deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows how the budget control
requirement is being met.
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.
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 51 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
NOTICES, PROJECT REPRESENTATIVES,
AND RECORDS LOCATIONS
TEXAS COMMISSION ON Page 52 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT: 582-23-40031
NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION
CONTRACT NO. 582-23-40031
PROJECT TITLE: CITY OF FT. WORTH CAMS/PM2.5
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
TCEQ PROJECT MANAGER
(for Contractual Matters)
(for Technical Matters)
Name: Mehdi Arabshahi
Name: Penelope Mendoza
Title: Contract Specialist
Title: Project Manager
Texas Commission on Environmental Quality
Texas Commission on Environmental Quality
P.O. Box 13087, MC-165
P.O. Box 13087, MC-165
Austin, Texas 78711-3087
Austin, Texas 78711-3087
Telephone No. (512) 239-0448
Telephone No. (512) 239-1722
Facsimile No. (512) 239-0867
Facsimile No. (512) 239-1605
Email Address:
Email Address:
Mehdi.Arabshahi@tcea.texas.2ov
PenelObe.Mendoza@tcea.texas.Lyov
4. Performing Party Representatives.
For Contractual Matters
For Technical Matters
Name: Anthony Williams
Name: Daniel Fernandez
Title: Project Manager
Title: Senior Environmental Specialist
200 Texas Street
200 Texas Street
Fort Worth, TX 76102
Fort Worth, TX 76102
Telephone No. 817-392-5462
Telephone No. 817-392-5444
Facsimile No. N/A
Facsimile No. N/A
Email Address:
Email Address:
Anthonv.williams@fortworthtexas.2ov
Daniel.Fernandez@fortworthtexas.2ov
5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is
identified below:
® TCEQ Project Manager / ❑ TCEQ Disbursements Section / ❑ Other:
6. Designated Location for Records Access and Review. The Performing Party designates the physical
location indicated below for record access and review pursuant to any applicable provision of this
Contract:
200 Texas Street
Fort Worth. TX 76102
(City / State, ZIP)
TEXAS COMMISSION ON Page 53 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
ATTACHMENTS
TEXAS COMMISSION ON Page 54 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORT I,exaSP'Commission on EnvironmentalT�QCagN�y CT: 582 23 40031
1 FINANCIAL STATUS REPORT WOO
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 I 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
i.Total Direct Costs (Sum a - h)
j.Indirect Costs
k.Total (Sum of i & j)
List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of thes
categories.
Please attach receipts, as required, in accordance with Attachment B of your contract.
**[Negative balances in any of the budget categories should be explained in a brief accompanying narrative.
11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays
and unliquidated obligations are for the purposes set forth in the award document.
Signature of Authorized Certifying Official
Typed or Printed Name and Title
Telephone (Area code, number and ext.) Date Submitted
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
TEXAS COMMISSION ON Page 55 of 68
ENVIRONMENTAL QUALITY
Ll1 Y Ur r 1. WUKIH LA111N/Y111L.S
EQUIPMENT PURCHASES (during this report period)
NUMBER ITEM DESCRIPTION
PURCHASED (Should match description provided for approval)
ILLU-LUN1KAL1: NiSL-LS-4UU31
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) TASKS
TOTAL CONTRACTUAL EXPENDITURES (must agree with line 10f on Form 20248) $
LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR
EXPENDITURE.
TEXAS COMMISSION ON Page 56 of 68
ENVIRONMENTAL QUALITY
ITEMIYMIM bFb6NftfttTION COSTS TCEQ CONTRACT: 582-23-40031
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 57 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION
PURCHASED (Should match description provided for approval)
TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 20248)
OTHER EXPENDITURES (during this report period)
NUMBER DESCRIPTION
PURCHASED
TOTAL OTHER EXPENDITURES (must agree with line 10h on Form 20248)
TCEQ CONTRACT: 582-23-40031
UNIT
COST
UNIT
COST
TOTAL TASKS
COST
TOTAL TASKS
COST
*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 58 of 68
ENVIRONMENTAL QUALITY
PERSoI4Ntt/ ALXYtY1T-X DITURES (during this report lie` iodr 1: 5iSL-LS-4up)31
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 59 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5 TCEQ CONTRACT: 582-23-40031
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 60 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
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 61 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
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 582-23-40031
(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 62 of 68
ENVIRONMENTAL QUALITY
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TCEQ CONTRACT: 582-23-40031
Attachment C:
Budget Revision Request
(Must be returned as specified in the Cost Budget)
TEXAS COMMISSION ON Page 63 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
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 64 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
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 65 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
Project
TCEQ Contract
Nos.
582-XX-XXXXX
582-XX-XXXXX
5 82-XX-XXXXX
5 82-XX-XXXXX
5 82-XX-XXXXX
5 82-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%
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 66 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
Attachment E:
Personnel Eligibility List
(Must be returned per the General Term and Condition
titled Personnel Eligibility List (PEL)
TEXAS COMMISSION ON Page 67 of 68
ENVIRONMENTAL QUALITY
CITY OF FT. WORTH CAMS/PM2.5
TCEQ CONTRACT: 582-23-40031
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 68 of 68
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 SM
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: 06/28/22 M&C FILE NUMBER: M&C 22-0507
LOG NAME: 23TCEQ PM 2.5 CONTRACT FY2023
SUBJECT
(ALL) Authorize Execution of the Texas Commission on Environmental Quality Federally Funded Grant Agreement in an Amount Not to
Exceed $64,451.21 for Ambient Air Monitoring Operations and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of the Texas Commission on Environmental Quality funded grant agreement for ambient air monitoring operations
with a maximum amount of $64,451.21 for a one-year term beginning September 1, 2022 and expiring August 31, 2023; and
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 Federal Fund in
the amount of $64,451.21, subject to receipt of the grant, for the purpose of funding ambient air monitoring operations.
DISCUSSION:
The City of Fort Worth (City) 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 that facilities are in compliance with air quality regulations and
by supporting reliable data collection for air pollutants. One of the four contracts, partially funded by the TCEQ, specifically supports air monitoring
operations for particulate matter emissions within the City. If executed, this contract will require the City to operate local air pollution monitors and
the City's obligations will include retrieving the sampling filters and data, sending filters and data for analysis, and performing regular audit and
maintenance activities on the equipment under the terms of the contract. The TCEQ provides all air monitoring equipment, parts, and supplies for
the proper operation of the air monitoring stations and is contracting with the City for the operation and maintenance of these monitoring stations.
The contract period will be September 1, 2022 through August 31, 2023 with an amount not to exceed $64,451.21 for reimbursement of expenses
to the City. This contract may be renewed for three additional one-year periods upon mutual written agreement between both parties.
There are no local matching funds required for this grant contract.
DOCUMENT M&C APPROVAL GRANT TOTAL
No. DATE AMOUNT
Initial Pending Pending $64,451.21 $64,451.21
Contract
In 1998, the United States Environmental Protection Agency (USEPA) revised its measurement standards for particulate matter (PM) emissions in
to the atmosphere. Since Fiscal Year 1999-2000, the TCEQ has contracted with the City for operation and maintenance of the monitoring
equipment provided by the TCEQ for four continuous air monitoring stations. The location of each station is as follows:
STATION
Eagle Mountain Lake
California Parkway North
Haws Athletic Center
ADDRESS
14290 Morris Dido Newark Road
1198 California Parkway North
600 Congress Street
Keller 10218 Alta Vista Road
The above monitors benefit ALL COUNCIL DISTRICTS.
EQUIPMENT
1 NOx Monitor
12 PM 2.5 Monitors
11 PM 2.5 Monitor
Ill NOx Monitor
No City funds will be expended before the contract amendment is approved. This grant does not include a local match requirement. Upon
approval and acceptance of the grant and execution of the contract, City funds will be expended before receipt of grant funds. Indirect cost will be
applied at a rate up to 10.00 percent in accordance with the terms of the TCEQ grant agreement.
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 bv: Valerie Washington 6199
Oriainatina Business Unit Head: Brandon Bennett 6322
Additional Information Contact: David B. Carson 6336
Cody Whittenburg 5455