HomeMy WebLinkAbout064529 - General - Contract - Texas Commission on Environmental Quality (TCEQ)CITY OF FORT WORTH - 105 TCEQ CONTRACT 582-26-00132
Texas Commission on Environmental Quality
CONTRACT SIGNATURE PAGE
Contract Name:
Contract Number:
Performing Party:
Performing Party Identification Number:
Maximum Authorized Reimbursement:
City of Fort Worth - 105
582-26-00132
City of Fort Worth
CI�Y SECRETARY 64529
17560005286
$124,800.00
C�EVTRACT NO.
Effective Date: � 09/O1/2025 ❑ Date of last signature
Expiration Date: � 08/31/2027 ❑ Last day of Fiscal Year in which the Contract was effcctive
� If checked, this ConTract requires matching funds. Match Requirement: $61,468.66
� If checked, this Contract is funded with federal funds.
Assistance Listing Number: 66.605
Federal Grant Number: BG99662724
This Contract is entered under:
❑ Gov't Code Ch. 771 (Interagency) � Gov't Code Ch. 791 (Interlocal)
❑ Water Code � 5.229 (Intergovernmental) ❑ Water Code� 5.124 (Grant)
The Texas Commission on Environmental Quality (TCE�, an agency of the State of TeYas, and the named Performing
Party, a state agency or local government of the State of TeYas, enter this agreement (Contract) to cooperatively conduct
authorized governmental functions and activities under the laws of the State of TeYas.
The Parties agree as follows: (a) to be effective, the Contract must be signed by an authorized official of the TCEQ and
the Performing Parry; (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 Alanagement Standards
(TxGA1S) and this Contract TCEQ reimbursements will be from current revenues available to TCEQ
Texas Cominission on
Environmental Quality
��
:�uthorize Signature
Brandy Brooks
Printed Name
Deputy Director, Air �lonitoring Division
Title
I 0/I/2025
Date
���-� ��y
Procurements & Contract�tepresentative
Demetria Avery, CTCD, CTCA4
Printed Name
09/30/2025
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth
(Performing Party)
� P�,.u%.�/l.
Valerle Washington (Sep 23, 2025 08:08:03 CDT)
Authorized Signature
Ms. Valerie Washington
Printed Name
Assistant City Manager
Title
09/23/2025
Date
APP�iOVED RS TO Ft�RM AND LEGALITY:
M.. {Cev�r;s� ��'�, (�
M. Kevin Anders. I I lSen 22 2025 09:00:03 CDTI
Assistant City Attorney: He�in Anders
AT"I'E5T:
Date ���- l� �,
Bv: "
City Secretar,y
Page 1 of 99
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CITY OF FORT WORTH - 105
CONTRACT DOCUMENTS LIST
TCEQ CONTRACT 582-26-00132
This Contract between TCEQ and Performing Party consists of the Contract documents
listed on this page and any Contract documents added through amendments. In the
event of a conflict of terms, conditions, or requirements the Contract documents as
amended control in the descending order of the list, subject to provisions in the
Special Terms and Conditions, if any. The Contract documents, 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 Forms)
• Scope of Work
• General Terms and Conditions
• Cost Budget - Matching Funds
• Notices, Project Representatives and Records Locations
• Attachment A- Financial Status Report (FSR)
• Attachment B- Budget Revision Request (BRR)
• Attachment C- Release of Claims (ROC)
• Attachment D- Personnel Eligibility List (PEL)
• Attachment E - Level-of-Effort Certification (LEC)
• E�ibit A-1 US Environmental Protection Agency (EPA) Qualiry Management
Plan Standard (CIO 2105-S-01.0)
• HUB Progress Assessment Report (PAR) Form & Instructions
Page 2 of 99
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
SPECIAL TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
These terms are defined as follows:
l.l. Acquisition Cost -(of an item of purchased Equipment) The net invoice unit
price of the property including the cost of modifications, attachments,
accessories, or auxiliary apparatus necessary to make that property usable for
the purpose for which it was acquired. Other charges such as the cost of
installation, transportation, taxes, duty, or protective in-transit insurance, will
be included or excluded from the unit Acquisition Cost in accordance with the
Performing Party's regular accounting practices.
1.2. Cost Sharing or Match - The value of the third-party in-kind contributions and
the portion of the costs of a State-assisted project or program not paid by the
State.
1.3. Equipment - Tangible, nonexpendable, personal property having a useful life of
more than one year and an Acquisition Cost of $10,000 or more per unit. A
Performing Party may use its own definition of equipment provided that such
definition would at least include all equipment defined above.
1.4. Noncon formance - A deficiency in characteristic, documentation, or procedure
that renders the quality or an item or activity unacceptable or indeterminate;
non-fulfillment of a specified requirement.
1.5. Quality Assurance (QA) - An integrated system of management activities
involving planning, implementing, assessment, reporting, and quality
improvement to ensure that a process, item, or service is of the type and quality
needed and expected by the customer.
1.6. Qualiry Control - The overall system of technical activities that measures the
attributes and performance of a process, item, or service against defined
standards to verify that they meet the stated requirements established by the
customer; operational techniques and activities that are used to fulfill
requirements for quality.
1.7. Quality Management Plan - A document that describes the quality system in
terms of organizational structure, functional responsibilities of management
and staff, lines of authority, and required interfaces for those planning,
implementing, and assessing all activities conducted.
1.8. Supplies - Tangible personal property other than Equipment.
1.9. Surveillance - Continual or frequent monitoring and verification of the status of
an entity and the analysis of records to ensure that specific requirements are
being fulfilled.
1.10. Suspension - temporary withdrawal of authority to obligate Grant funds pending
corrective action by the Performing Party or a decision to terminate the Grant;
(2) an action by a TCEQ official to exclude a person from participating in Grant
transactions for a period of time.
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TCEQ CONTRACT 582-26-00132
l.l l. Termination - Permanent withdrawal of the authority to obligate previously
awarded Grant funds before that authority would otherwise expire, or voluntary
relinquishment of that authority by the Performing Party or subgrantee.
1.12. Third party in-kind contributions - Property or services which benefit a State
assisted project or program and which are contributed by third parties without
charge to the Performing Party, or a Cost-type Performing Party under the
Contract.
1.13. Texas Grant Management Standards (TXGMS) - means the promulgated by the
Texas Comptroller pursuant to the Uniform Grant Conditions and Management
Act, Tex. Govt. Code Chapter 783. TxGMS (version 2.0) applies to grants and
contracts that begin on or after October l, 2024.
1.14. Work - the entire completed services or the various separately identifiable parts
thereof required to be furnished under the Contract. Work includes and is the
result of performing or furnishing labor, services, materials or equipment as
required by the Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS: INTENT
2.1 The Contract Documents comprise the entire Contract between TCEQ and
Performing Party concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding as if called for by all.
2.2 It is the intent of the Contract Documents to describe a functionally complete
project (or part thereof) to be constructed in accordance with the total Contract.
Any Work, materials or equipment that may reasonably be inferred from the
Contract Documents or from prevailing custom or trade usage as being required
to produce the intended result will be furnished and performed whether or not
specifically called for. When words or phrases which have a well-known
technical or pollution cleanup industry or trade meaning are used to describe
Work, materials or equipment, such words or phrases will be interpreted in
accordance with that meaning.
ARTICLE 3. PERFORMING PARTY'S RESPONSIBILITIES
3.1 The Performing Party is responsible for the professional quality, technical
accuracy, timely completion and the coordination of all services and other Work
furnished by the Performing Party under this Contract.
Personnel
3.2 Performing Party will provide competent, suitably qualified personnel to
perform the Work as required by the Contract Documents. Performing Party
will at all times maintain good discipline and order on the Project.
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CITY OF FORT WORTH - 105
Materials & Equipment
TCEQ CONTRACT 582-26-00132
3.3 Unless otherwise specified in the Contract Documents, Performing Party will
furnish and assume full responsibility for all materials, equipment, labor,
transportation, tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other facilities and incidentals
necessary for the furnishing, performance, testing, start-up, and completion of
the Work.
3.4 All materials and equipment will be of good quality and new, except as
otherwise provided in the Contract Documents. All materials and equipment
will be applied, installed, connected, erected, used, cleaned, and conditioned in
accordance with instructions of the applicable Supplier, except as otherwise
provided in the Contract Documents.
Title to, Use, ManAgement and Disposition of Equipmenr
3.5 Subject to the obligations and conditions set forth in this Contract, title to all
equipment acquired with funds under this Contract will vest, upon acquisition,
in the Performing Party. Performing Party must comply with all use,
management and disposition requirements set out in 2 CFR Part 200.313 in
connection with any such equipment. Quarterly, the Performing Party will
provide an inventory of all equipment purchased under the grant to include
current status and disposition.
3.6 In the event any funds provided under this Contract are in turn awarded to any
subgrantee for the purchase or acquisition of any equipment, the Performing
Party's contract with that subgrantee will include the requirements of this
Contract.
Substitutes and "or-Equal"Items:
3.7 Whenever an item of material or equipment is specified or described in the
Contract Documents by using the name of a proprietary item or the name of a
particular Supplier, the specification or description is intended to establish the
type, function and quality required. Unless the specification or description
contains or is followed by words reading that no like, equivalent or "or-equal"
item or no substitution is permitted, other items of material or equipment of
other Suppliers may be accepted with prior TCEQ approval.
3.8 Substitute Methods or Procedures: If a specific means, method, technique,
sequence or procedure is shown or indicated in and expressly required by the
Contract Documents, Performing Party may furnish or utilize a substitute
means, method, technique, sequence or procedure acceptable to TCEQ
Performing Party will submit sufficient information to allow TCEQ, in TCEQ's
sole discretion, to determine that the substitute proposed is equivalent to that
expressly called for by the Contract Documents.
Concerning Subcontractors, Suppliers and Others
3.9 All contractual expenditures using funds provided under this Contract will
comply with all procurement laws and regulations applicable to the Performing
Party and its subcontractors, including Chapter 783 of the Texas Government
Code and TXGMS.
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3.10 The Performing Party will forward any proposed sub-agreement for the
performance of Work required under this Contract's Scope of Work to TCEQ's
Network Coordinator prior to execution of the sub-agreement. TCEQ may,
within twenty-one (21) days of receipt of the proposed sub-agreement, provide
written notice (faY or email acceptable) to the Performing Party questioning
whether the sub- agreement is for a legitimate purpose relating to the
satisfaction of this Contract or has been procured in accordance with state and
federal law. The Performing Party will not enter into a sub-agreement until
TCEQ has withdrawn all questions raised in the notice. Neither TCEQ's failure to
question a sub-agreement nor its subsequent withdrawal of any questions
raised regarding a sub-agreement implies TCEQ's approval of the sub-
agreement's purpose or method of procurement of the sub-agreement. Further,
the terms of this provision do not in any way restrict TCEQ's rights under this
Contract to subsequently refuse reimbursement for expenses incurred pursuant
to the sub- agreement. The Performing Party may require a bid bond to protect
the local and State interests by assuring that a bidder will, upon acceptance,
execute all required contractual documents within the time period specified.
3.11 The Performing Party is responsible for the management and fiscal monitoring
of all subcontractors and subgrantees. The Performing Party will monitor its
subcontractors and subgrantees to ensure that the subcontractors and
subgrantees are operating consistently with applicable laws and regulations,
contracting policies, and these Contract Documents. The Performing Party will
ensure that all subcontractors and subgrantees comply with all record keeping
and access requirements set forth in these Contract Documents. TCEQreserves
the right to perform an independent audit of all subcontractors and
subgrantees.
3.12 Performing Party, subcontractors and subgrantees must implement and
maintain a Quality Assurance Program that addresses quality-related activities
performed under this Contract and conforms to the American National
Standards Institute (ANSI) /the American Society for Quality (AS� E-4-2014
Quality Systems for Environmental Data and Technology Programs -
Requirements with Guidance for Use, the current revision of the EPA Quality
Management Plan Standard and with the TCEQ Quality Management Plan. The
TCEQ Quality Assurance specialists, or any of their authorized representatives,
will have access to all such Work activities, monitors, records, documents, and
other evidence for the purpose of management systems review, inspection,
audit, surveillance, peer review, excerpts, transcriptions and/or copying during
normal business hours. The Performing Party will provide proper access.
3.13 Funds provided by TCEQ pursuant to this Contract that are paid to the
subcontractor may be used by the subcontractor solely to satisfy the purposes
of the Contract.
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Procurements
TCEQ CONTRACT 582-26-00132
3.14 All procurements by the Performing Party of goods and/or services under this
Contract will be conducted in accordance with its internal procedures and state
and federal law.
3.15 Performing Party will perform a cost or price analysis in connection with all
procurements in excess of $10,000 which are not competitively procured. A
cost analysis will also be required when adequate price competition is lacking
and for sole source procurements, unless the reasonableness of the price can be
established on the basis of a catalog or market price. Failure to follow these
requirements for providing the greatest possible competition in procurement is
grounds for disallowance of costs for reimbursement.
SubgrAnt Activities
3.16 All Subgrants awarded by the Performing Party under this Contract must
comply with state and federal law.
3.17 Payments by Performing Party to subgrantees will be solely for reimbursement
of actual allowable costs utilizing the same standards and requirements as the
reimbursement payments from TCEQ to Performing Party set out in this
Contract. No Subgrant will be made on a fixed amount of cost reimbursement
unless this method is specifically approved by TCEQ based on supporting
evidence of proposed subgrantee's actual costs.
3.18 All Subgrant agreements must be in writing and approved by TCEQ. The
standards and requirements for reimbursements and standards for
performance will be incorporated into the Subgrant agreements as well as other
requirements of this Contract.
Permits
3.19 Unless otherwise provided in the Contract Documents, Performing Party will
obtain and pay for all construction permits and licenses. Performing Party will
pay all charges of utility owners for connections to the Work and all charges of
such utility owners for capital costs related thereto, such as plant investment
fees.
Records, Documents, Data, Access, and Audit
3.20 The Performing Party will maintain books, records, documents, and other
evidence reasonably pertinent to performance of the Work and requirements of
the Contract Documents as required by the Federal Conditions and General
Terms and Conditions of the Contract.
3.21 The Performing Party will pass through all record keeping, quality assurance
requirements, and access requirements to all subcontracts and sub-agreements.
3.22 The Performing Party agrees to the disclosure of all information and reports
resulting from access to records and quality activities under this Contract.
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TCEQ CONTRACT 582-26-00132
3.23 Records will be maintained by the Performing Party during performance of
Work under this Contract, and for a minimum of seven (7) years after final
payments, final expenditure reports and all other pending matters are
closed. If any litigation, claim, negotiation, audit, quality assurance
assessment, cost recovery, or other action (including actions concerning
costs of items to which an audit exception or nonconformance has been
taken or identified) involving such records or corrective actions has been
started before the expiration of the seven (7) year minimum period, such
records must be retained until completion of the action or resolution of all
issues which arise from it, or until the end of the seven (7) year minimum
period, whichever is later.
3.24 Access to records or Work activity is not limited to the required retention
periods. TCEQ will have access to records or Work activity at any reasonable
time for as long as the records or nonconformance identified pursuant to an
assessment are maintained.
3.2 5 This right-of-access article applies to financial and quality records pertaining to
this Contract and all sub-agreements and amendments. In addition, this right of
access article applies to all records and Work activities pertaining to this
Contract and all sub-agreements and amendments:
3.2 5.1 to the extent the records pertain reasonably to this Contract or
subcontract performance;
3.25.2 if there is any indication that fraud, gross abuse, or corrupt practices
may be involved; or
3.25.3 if the Contract or subcontract is terminated for default or for
convenience.
Data and Publicity
3.26 All data and other information developed under this Contract will be furnished
to TCEQ and will be public data and information except to the extent that it is
exempted from public access by the Texas Public Information Act, TEX. GOV'T
CODE � 552. Upon termination of this Contract, all copies of data and
information will be furnished, at no charge to TCEQ, upon request, to include
databases prepared using funds provided under this Contract, and become the
property of TCEQ Except as otherwise provided by these Contract Documents
or the Texas Public Information Act, the Performing Party will not provide data
generated or otherwise obtained in the performance of its responsibilities under
this Contract to any party other than the State of Texas and its authorized
agents.
Sa fety and Protection
3.27 Where applicable, Performing Party is responsible for requiring subcontractors
and subgrantees to maintain and supervise all necessary safety precautions and
programs in connection with the Work. Performing Party will take all necessary
safety precautions.
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PerformAnce Reports
TCEQ CONTRACT 582-26-00132
3.28 In accordance with TXGMS, the Performing Party will submit data completeness
reports documenting all activities during a quarter pursuant to the Schedule of
Deliverables set forth in the Scope of Work. In the absence of a schedule in the
Scope of Work, the Performing Party will submit the reports not later than thirty
(30) days after the close of each quarter. The reporting periods correspond to
the State of Texas fiscal year (September-November; December-February, March-
May; June-August).
Independent Financial Audit
3.29 By February 1 of each year, the Performing Party will engage an Independent
Financial Auditor and conduct an annual audit of the Performing Party's
financial statements in accordance with the Single Audit provisions of TXGMS.
The final report will be submitted to the TCEQ Contract Manager no later than
90 days following the completion of the audit.
3.29.1 All terms used in connection with Audits in this Contract have the
definitions and meanings assigned in the Texas Grant Management
Standards and the Single Audit Circular in TXGMS.
3.29.2 Provisions of the Single Audit Circular in Part IV of TXGMS apply to all
non-State Government entities expending the funds of this Grant,
whether they are recipients, receiving the funds directly from TCEQ, or
are subrecipients, receiving the funds from a pass-through entity (a
recipient or another subrecipient). In addition, the Performing Party
will require the independent auditor to supply all audit work papers
substantiating the Work performed at the request of TCEQ or its
designee.
Exceptions in Audit
3.30 TCEQ is required to take action on exceptions noted in an audit of Performing
Party's financial records. Therefore, Performing Party agrees to submit to TCEQ
a copy of the report from any audit conducted of the Performing Party's
financial records within twenty (20) days of Performing Party's receipt of an
audit report. At the same time, Performing Party will also provide a statement
containing an explanation of the conditions giving rise to each exception in the
audit report as well as a plan for correction of any significant deficiencies in
Performing Party's operations or Contract performance. TCEQmay approve the
statement or reject as insufficient. At the option of TCEQ, the Performing Party
may revise and resubmit. If the statement is initially or subsequently rejected
by TCEQ with no further opportunity to revise, TCEQ may suspend payments or
may terminate the Contract for cause and may undertake any other remedies or
sanctions provided under this Contract.
ARTICLE 4. CHANGES IN THE WORK
4.1 TCEQ may, by written notification to the Performing Party, make changes to
the scope of this Contract or in the services or Work to be performed. If such
changes cause an increase or decrease in the Performing Party's cost of, or time
required for, performance of any services under this Contract, whether or not
changed by an order, an equitable adjustment will be made, and this Contract
will be modified in writing accordingly. Any claim of the Performing Party for
adjustment under this clause must be asserted in writing within 30 days after
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TCEQ CONTRACT 582-26-00132
the date of receipt by the Performing Party of the notification of change unless
the TCEQ Executive Director, Network Coordinator (TCEQ Project Manager), or
Program Area designee grants a further period of time before the date of final
payment under this Contract.
4.2 Performing Party is permitted to rebudget within the approved direct cost
budget to meet any unanticipated requirements. Changes to the Scope of Work
require the prior written approval of TCEQ. Applicable cost principles set forth
in 2 CFR Part 200.308 contain additional requirements for prior approval of
certain types of costs and apply to all grants and Subgrants. Prior approval is
required as follows:
4.2.1 any change resulting in the need for additional funding;
4.2.2 cumulative transfers among direct cost categories, or, if applicable,
among separately budgeted programs of projects and which exceed or
are expected to exceed the total costs for the current year's budget by
ten percent (10%);
4.2.3 transfers of funds allotted for training allowances;
4.2.4 Changes in key personnel in cases where specified in an application or
Grant award; or
4.2.5 subcontracting those activities that are central to the purposes of the
award.
4.3 Any request must be in writing to TCEQ and TCEQ will promptly review,
approve or disapprove the request in writing. If a change requires federal
approval, TCEQ will obtain that approval before approving the request.
4.4 Changes to the services or Work to be performed will be updated in the next
applicable Quality Assurance Project Plan revision for this Contract.
ARTICLE 5. PAYMENTS TO PERFORMING PARTY
Cost Reimbursement
5.1 The Performing Party has submitted a cost analysis. The Performing Party and
TCEQ acknowledge that this cost analysis is the basis upon which the Contract
Cost Budget has been developed.
5.2 Because certain Air Monitoring Division Program activities may not be
performed in a given month, the Performing Party will perform a quarterly
review of the Air Monitoring Division Program activities that it actually
performs or expects to actually perform during that quarter. In this review, the
Performing Party will determine whether the nearest practicable estimate of its
actual cost of providing those services for that quarter is within the constraints
established elsewhere in this Contract.
5.3 The Performing Party will make its review and determination available to TCEQ
upon request. TCEQ may perform an independent review and make its own
independent determination or make its own independent determination based
upon the Performing Party's review.
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DuplicAtion of Effort Prohibited
TCEQ CONTRACT 582-26-00132
5.4 In addition to the funds provided to Performing Party under this Contract,
TCEQ may provide funds to Performing Party under a separate Grant
Agreement so that funds of two or more Grants are to be provided to a single
activity of the Performing Party. Performing Party must monitor all activities
to ensure that the Grant funds complement one another and do not result in
double payments for the same activity.
PAyment Requesr Procedures
5.5 On a quarterly basis, within thirty (30) days after the end of a quarter (quarter
4 invoice due within 60 days), the Performing Party will submit a Financial
Status Report (FSR) (Attachment A) in order to obtain payment for tasks
completed under this Contract. The Performing Party will indicate the Match
Amount in the space provided on the FSR. A description of the services
provided by the Match Amount should be described in the FSR on the
supplemental pages attached to the form. In addition, the Performing Party
will submit either a completed quarterly Historically Underutilized Business
(HUB) Progress Assessment Report, incorporated herein as Form B-1, or a
TCEQ Disadvantaged Business Enterprise (DBE) Program MBE and WBE
Expenditures Report (see Federal Conditions and Forms section of Contract).
5.6 The TCEQ Network Coordinator will review the quarterly FSR for requests
for payment of services performed as identified in the Scope of Work and
will notify the Performing Party that the requests are acceptable or will
provide an explanation of why the requests or the Work identified in the
requests are unacceptable. If the requests do not satisfactorily demonstrate
the accomplishment of the required tasks, the TCEQ Network Coordinator
will not authorize payment until such time as deficiencies have been
corrected.
5.7 TCEQ will not issue any payment of an approved reimbursement request
from the Performing Party until TCEQ receives from the EPA funds
specifically awarded for activities provided by the Performing Party under
this Contract.
5.8 Funding for the Work performed under this Contract is derived from Federal
Section 105 pass-through funding from the TCEQ and will not exceed 67% of
the Performing Party's Total Program Cost. If the Performing Party does not
provide matching funds such that the combined federal and state share of
the funding exceeds 67%, then the amount of TCEQ reimbursement for this
Contract will be reduced so that this condition is met.
5.9 Nothing in this Article may be construed to prevent TCEQ or the
Performing Party from exercising any of its rights under this Contract
including but not limited to those relating to termination and remedies.
5.10 TCEQ is not obligated to make payment until it approves a request for
reimbursement. TCEQmay suspend payment for any incomplete,
inconsistent or incorrect deliverable until the Performing Party completes or
corrects it.
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Closeout
TCEQ CONTRACT 582-26-00132
5.11 When TCEQ determines that all administrative activities and all required Work
have been completed, TCEQ will close out the Contract. Within 60 days after
the expiration or termination of the Contract, the Performing Party must
submit all financial, performance, and other reports. These reports may
include:
5.11.1 all Performance or Progress Reports required by this Contract;
5.11.2 Financial Status Report (Attachment A);
5.11.3 final Request for Payment (Including Form B-1); and
5.11.4 Release of Clauns (Attachment B).
5.12 In accordance with TXGMS, the Performing Party must submit an inventory of
all State-owned property (as distinct from property acquired with Grant
funds) for which it is accountable and request disposition instructions from
TCEQ for property no longer needed.
5.13 Within 90 days of receipt of the reports set forth above, TCEQ will make
upward or downward adjustments to the allowable costs. TCEQ will make
prompt payment to the Performing Party for allowable reimbursable costs.
Closeout of the Contract does not affect:
5.13.1 TCEQ's right to disallow costs and recover funds on the basis of a
later audit, quality assurance assessment, or other review;
5.13.2 the Performing Party's obligation to return any funds due as a result
of later refunds, corrections, or other transactions;
5.13.3 records retention as required herein;
5.13.4 property management requirements set forth herein; and
5.13.5 audits, including quality assurance assessments and requirements
set forth herein.
5.14 The Performing Party must immediately refund to TCEQ any balance
of unobligated (unencumbered) cash advanced that is not authorized
to be retained for use on another Grant.
5.15 Any funds paid to a Performing Party in excess of the amount to which the
Performing Party is finally determined to be entitled under the terms of
the award constitute a debt to TCEQ. If not paid within a reasonable period
after demand, TCEQ may reduce the debt by:
5.15.1 making an administrative offset against other requests
for reimbursement;
5.15.2 withholding advance payments otherwise due to the Performing Party, or
5.15.3 other action permitted by law.
5.16 Except where otherwise provided by statutes or regulations, TCEQ will
charge interest on an overdue debt in accordance with TXGMS. The date
from which interest is computed is not extended by litigation or the filing
of any form of appeal.
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5.17 The Performing Party will provide to TCEQ documentation showing all tasks
that have been completed by the Performing Party. The Performing Party
agrees that the determination of satisfactory completion of any and all Work
or other services performed or furnished under this Contract will be based
on the judgment of the staff of TCEQ, which judgment will be exercised in a
reasonable manner and in good faith.
5.18 TCEQ may refuse to reimburse expenditures for which the Performing
Party submits a voucher more than 60 days after the termination date of
this Contract.
ARTICLE 6. RENEWAL
6. By written agreement of the parties, the contract is renewable for up to
one (1) additional two-year period. TCEQ may by unilateral amendment extend
the term of the Contract 180 days.
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CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
FEDERAL TERMS AND CONDITIONS
(EPA Grant)
1. This Contract is funded by a Federal Financial Assistance Award from the United States
Environmental Protection Agency (EPA). TCEQ's federal grant award is available upon
request. Any additional federal funcling conditions that arise during the Contract period are
incorporated herein by reference.
TCEQ as recipient and the Performing Party as subrecipient must follow all of the following
requirements, as applicable:
• 2 CFR Part 200, found at https://www.ecfr.�ov/current/title-2/subtitle-
A/chanter-II/nart-200
• EPA's General Terms and Conditions, found at
https: //www.ena.�ov/�rants/�rant-terms-and-conditions#�eneral
• The federal funcling award
• Fcdcral non-discrimination laws, Executive Orders, and EPA regulations prohibiting
discrimination in the provision of services or benefits, on the basis of race, color,
national origin, sex, disability or age, in programs or activities receiving federal
financial assistance in accordance with Title VI of the Civil Rights Act of 1964,
Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Section
504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of
1972, and The Age Discrimination Act of 1975. Additionally, programs must be
implemented in accordance with federal provisions protecting free speech, religious
liberty, public welfare, and the environment.
The following EPA General Terms and Conditions or EPA award terms are not applicable to
this Contract:
a. Any Project Description beyond the Scope of Work of this Contract.
b. Any conditions or terms regarding direct communication or submission of data,
reports, or financial information to EPA including:
i. Correspondence Condition,
ii. Federal Financial Reporting (FFR),
iii. Closeout Requirements,
iv. Transfer of Funds,
v. Electronic/Digital Signatures on Financial Assistance Agreement
Form(s)/Document(s),
vi. Extension of Project/Budget Period Expiration Date, or
vii. Post-Award Disclosure of Current and Pending Support on Research
Grants.
c. Reimbursement Limitation regarding EPA's financial obligations to TCEQ.
d. Automated Standard Application Payments (ASAP) and Proper Payment Draw
Down for Electronic Payments.
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CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
4. Acknowledgement. The Performing Party shall acknowledge the financial support of TCEQ
and the EPA on any reports, documents, publications, or other materials developed for
public distribution. The Performing Party must include the following statement:
"This project has been funded [wholly or in part] by the United States Environmental
Protection Agency under assistance agreement (number) to the Texas Commission on
Environmental Quality. The contents of this document do not necessarily reflect the views
and policies of the Fnvironmental Protection Agency or TCEQ, nor does the Fnvironmental
Protection Agency or TCEQ endorse trade names or recommend the use of commercial
products mentioned in this document, as well as any images, video, text, or other content
created by generativc artificial intelligence tools, nor does any such content necessarily
reflect the views and policies of the Environmental Protection Agency or TCEQ."
5. Violating Facilities. The Performing Party certifies that is has not been convicted, and is not likely
to be convicted, of any offense under section 74i3(c) of the Clean Air Act (42 U.S.C. §'74i3(c)) or
section i3i9(c) of the Clean Water Act (33 U.S.C. §i3i9(c)). If the Performing Party is convicted of an
offense described in those sections, the Performing Party will notify TCEQ and EPA. The Performing
Party shall be in compliance with all applicable standards, orders or requirements issued under
Executive Order ii738. The Performing Party is disqualified from eligibility to receive any contract,
subcontract, assistance, sub-assistance, loan or other nonprocurement benefit or transaction that is
prohibited by a Federal department or agency under the Government-wide debarment and
suspension system (see 2 CFR part i8o), if the Performing Party:
(a) Will perform any part of the transaction or award at the facility giving rise to a conviction
(called the violating facility); and
(b) owns, leases or supervises the violating facility.
6. By signing this Contract, the Performing Party agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.G 7401-
7671q), as amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended.
7. Prohibition against Lobbying. By signing this Contract, the Performing Party certifies, to
the best of its knowledge and belief that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Performing Party 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 awarcling
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.
b. 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 Performing Party shall complete and submit
Standard Form-LLL. "Disclosure Form to Renort Lobbvin�." in accordance
with its instructions.
c. The Performing Party shall require that the language of this certification be included
in the award documents for all sub-awards at all tiers (inclucling subcontractors,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly. Each tier certifies to the tier
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CITY OF FORT WORTH - 105
above that it will not and has not used Fcdcral appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or
any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal
award.
d. Any person who makes an e�penditure prohibited herein shall be subject to a
federal civil penalty of not less than $10,000 and not more than $100,000 for each
such expenditure. Any person who fails to file or amend the disclosure form to be
filed or amended if required herein, shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The Performing Party must complete and submit the following attached forms prior to or
upon signature of this contract, unless otherwise indicated:
TCEQ CONTRACT 582-26-00132
• TCEQ Federal Funding Accountability and Transparency Act Reporting Form
TCEQ Disadvantaged Business Enterprise (DBE) Program Minority Business
Enterprise and Women's Business Enterprise (WBE) Expenditure Report, submitted
with each request for reimbursement or invoice. The Performing Party must follow the
six good-faith efforts under 40 CFR Scction 33.301(a)-(f), and 40 CFR Scction 33.302 (a)-
(d)• (i) whenever procuring construction, equipment, services and supplies to perform
this Contract. TCEQ's established fair share objectives apply to this Contract:
Construction
Equipment
Services
Supplie s
MBE GOAL (%)
21.43
22.05
24.34
31.06
WBE GOAL (%)
6.78
6.27
25.85
17.66
9. Cybersecurity.
a. 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.
b. 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.
c 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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I Federal Funding Accountability and Transparency Act
�
���� Y�»nr' 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) Part 170 and the Federal Funding Accountability and Transparency Act, as
amended, TCEQ must collect subrecipient information for transactions $30,000 or
greater.
Information completed by TCEQ Program Area:
TCEQ Contract
No./PCR 582-26-00132
Information completed by Subrecipient:
Legal Name of Entity
Unique Fntity
Identifier (LTEI)
City of Fort Worth
ENS6MKS1ZL18
Exemption from reporting compensation information
°Y ❑ Please check box for exemption from reporting if in the preceding fiscal year either of the
following bulleted items 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]; and
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 EYchange Act of 1934 (15 U.S.0 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
Jesus Chapa
Dana Burghdoff
William Johnson
Valerie Washington
Jesica �1cEachern
Subrecipient Responsible Party
Title Print Name
Chief Financial Reginald Zeno
Services Officer
TCEQ 20589 (Rev. 5-17-22)
Compensation Amount
$291,919.71
$276,547.71
$272,284.19
$248,046.06
$247,689.05
Signature/Date
�_
Reeinald Zeno (Seo 30. 2025 09:41:25 CDTI
Page 17 of 99
' I Federal Funding Accountability and Transparency Act
�����b;�:? 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) Part 170 and the Federal Funding Accountability and Transparency
Act, as amended, TCEQmust collect subrecipient information for transactions $30,000
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 Procurement Control Request
(PCR) generated by Budget Accounting and Monitoring System (BAMS) when the original
contract is first established. The PCR number does not need to be provided if it is the
samc as the last five digits of the Contract number.
Information completed by Subrecipient:
Each field requires a response by the subrecipient.
• Legal Name of Entity - Enter name of the subrecipient organization that corresponds with
subrecipient's Unique Entity Identifier (UEI) as it appears in the System for Award
Management (SAM) profile, www.sam.�ov.
• UEI - Enter subrecipient's organization's 12-digit UEI as it appears in its SAM Profile.
Effective Apri14, 2022, the LTEI replaced the DUNS Number for the purpose of completing
this form. To find your LTEI or request a UEI, visit SAM.gov.
• 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,
printed name, signature, and date the form was signed.
Return completed and signed form to TCEQ Contract Manager.
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CITY OF FORT WORTH - 105
SCOPE OF WORK
I. FACTS/PURPOSE
TCEQ CONTRACT 582-26-00132
The Performing Party will act as a Tier I local program (LP) to operate, support, and maintain the air
monitoring stations in listed in Table I.A, located in or around Fort Worth, Texas, in accordance with
40 Code of Federal Regulations (CFR) Parts 50 and 58, the effective Texas Commission on
Environmental Quality (TCE� quality assurance project plan (QAPP) pertaining to the State or Local
Air Monitoring Stations (SLAMS) /Photochemical Assessment Monitoring Stations (PAMS)/National
Core (NCore)/Border and Federally Funded Special Purpose Monitor (SPM) network (SLAMS QAPP), the
Quality Assurance Project Plan for Ambient Air Monitoring in Texas for PM�.,, PM�.S Speciation, and PM
Continuous (PMz.s QAPP), equipment standard operating procedures (SOPs), and the Preventive
Maintenance Instructions (PMI) Manual. Documentation is available upon request. Sites and/or
monitors corresponding to tasks listed in Table I.A may be removed, relocated, or added by mutual
agreement.
Table I.A lists monitoring equipment and air monitoring stations operated, supported, and
maintained under this contract.
Table I.A: Stations and Equipment
Station Address Equipment Type Operating
Schedule
Ozone" continuous
Eaglc ntountain Lal<c �
484390075
Fort Worth
California Parkway
North `
484391053
Keller'�
484392003
:�rlington �lunicipal
Airport `
484393011
14290 Morris Dido
Ncwark Road, Eagle
Alountain
1198 California Parkway
North, Fort Worth
FA,� Site off Alta Vista
Road, Fort Worth
5 5 04 S outh C ollins
Street, Arlington
Solar radiation`
�iet''`
Carbon monoxide'�
NO/NOz/NO� `
�iet''`
Ozone*
Solar radiation'�
nTct'�
Ozone`
NO/NOz/NO� `
Solar radiation'�
A1et'�
continuous
continuous
continuous
continuous
continuous
continuous
continuous
continuous
continuous
continuous
continuous
continuous
*owned and supported by the TCEQ.
Met — meteorological equipment with sensors for monitoring temperature, wind speed, and wind direction
NO/NOz/NOX — oxides of nitrogen; includes nitric oxide (NO) and nitrogen dioxide (NOz)
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CITY OF FORT WORTH - 105
II. ADMINISTRATION REGULATIONS
A. Grants
TCEQ CONTRACT 582-26-00132
This contract is contingent on continued federal funding through grants awarded under
Section 105 of the Federal Clean Air Act. The Performing Party must match the TCEQ
expenditures by contributing 33% of the total project costs. Each Financial Status Report
(FSR) form must include supporting documentation demonstrating that the Performing
Party is contributing the required 33% match for the period specified on the FSR.
B. Fiscal and Calendar Periods
Fiscal years begin September 1 and end August 31. Fiscal and seasonal quarters are
defined as follows.
• lsT quarter: September - November
� 2nd quarter: December - February
• 3r� quarter: March - May
• 4T'' quarter: June - August
Calendar quarters are defined as follows.
• lsT quarter: January - March
� 2nd quarter: April - June
• 3r� quarter: July - September
• 4T'' quarter: October - December
C. Quality Assurance/Quality Control Assessments
The TCEQ and the United States Environmental Protection Agency (EPA) reserve the right
to assess the program managed by the Performing Party. Assessments may include
performance evaluation, inspection, surveillance, peer review, or audit and are expected
to be announced and coordinated with the Performing Party.
D. General
The TCEQ reserves the right to deny PERFORMING PARTY'S use of any current or
prospective employee for work associated with this Contract. In the event the TCEQ
Project Manager requests a replacement due to a performance or conduct issue,
Performing Party will address the issue in accordance with the applicable Performing
Party's Discipline and Discharge Policy.
E. Tiered Local Program Definitions
An LP is a governmental entity funded in part by a grant from the EPA through the TCEQ
to operate and maintain air monitoring stations in Texas under Section 105 of the Clean
Air Act, 42 U.S.C. 7405. The TCEQ contracts with an LP using the Section 105 Pass-Thru
Grant funds. The LP is responsible for collecting ambient air quality data and reporting
them to the TCEQ and the EPA to demonstrate compliance with the National Ambient Air
Quality Standards. The TCEQ is the primary quality assurance organization (PQAO) for
the data collected by the LP and provides LP oversight. An LP must effectively complete
the tasks and submit the deliverables listed below for the applicable project tier based on
LP program participation.
l. A Tier I LP is responsible for the following.
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TCEQ CONTRACT 582-26-00132
• Operate equipment listed in Table I.A, including associated support
equipment such as zero air generators and communications equipment
• Complete tasks listed in Section IV of this contract
• Submit complete and accurate deliverables as listed in Table V.A
2. A Tier II LP is responsible for the following.
• Own, repair, and operate equipment listed in Table I.A and associated
support equipment such as zero air generators and communications
equipment
• Obtain, maintain, and pay for (where negotiated by a property owner)
written site agreements for sites listed in Table I.A. Site agreements may not
be required for city-owned property
• Establish, maintain, and pay for site utilities, including electricity and
communications services for sites listed in Table I.A
• Complete tasks listed in Section IV of this contract
• Submit complete and accurate deliverables as listed in Table V.A
3. A Tier III LP is responsible for the following.
• Own, repair, and operate equipment listed in Table I.A and associated
support equipment such as zero air generators and communications
equipment
• Obtain, maintain, and pay for (where negotiated by a property owner)
written site agreements for sites listed in Table I.A. Site agreements may not
be required for city-owned property
• Establish, maintain, and pay for site utilities, including electricity and
communications services for sites listed in Table I.A
• Perform validation on data collected by equipment listed in Table I.A
• Contract or coordinate analytical services for discrete, non-continuous
samples collected at sites listed in Table I.A
• Complete tasks listed in Section IV of this contract
• Submit complete and accurate deliverables as listed in Table V.A
III. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF
l. The TCEQ provides contract oversight and acts as a liaison between the Performing
Party and the EPA.
2. The TCEQ provides contract related documents such as SOPs, QAPPs, business
practices, and PMIs when requested by the Performing Party. Where the Performing
Party chooses to develop and maintain its own quality documents, the TCEQ posts
those documents on the internal web page during the term of the contract and
includes them in the project QAPPs. The TCEQ may amend the QAPP to reflect
changes in work performed under this contract.
3. The TCEQ provides equipment certification services for calibrators, ozone transfer
standards, and audit equipment.
4. The TCEQ provides verified audit cylinders as requested by the Performing Party.
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TCEQ CONTRACT 582-26-00132
5. The TCEQ provides specifications for equipment and station quality control standard
purchases and a Cylinder Acceptance spreadsheet for gas standards.
6. The TCEQ reviews the Performing Party's draft Quality Management Plan (QMP),
routes the draft QMP to the designated Lead Quality Assurance Specialist, and
provides signatures when the QMP is approved.
7. The TCEQ provides and approves individual Performing Party staff with virtual
private network (VPN) accounts to access the TCEQ internal status report webpage
during the term of the contract. VPN accounts must be renewed at least annually.
8. The TCEQ reviews and approves sub-contractors, including sub-contracted analytical
laboratories, used by the Performing Party.
9. The TCEQ provides the Performing Party with audit announcements related to
Performing Party sites and equipment, conducts annual equipment performance
evaluation audits, and provides audit results.
10. The TCEQ provides review, comment, and quality assurance approval on Performing
Party corrective action plans submitted to the TCEQ Quality Assurance Specialist or
to the EPA in response to Performing Party audit findings and non-audit non-
conformances.
11.The TCEQperforms invoice review to confirm Performing Party charges conform to
contract and budget documents.
12.The TCEQ schedules and conducts quarterly conference calls with the Performing
Party and documents and distributes a written call summary. More frequent calls
may be scheduled as needed.
13. The TCEQ acts as the PQAO and uploads validated Performing Party data, including
quality control samples, to the EPA Air Quality System (AQS).
14. The TCEQ purchases, maintains, diagnoses, repairs. and reblaces equipment
operated at monitoring sites listed in Table I.A (i.e., analyzers, sensors, and
samplers), equipment used to calibrate and audit, equipment used to support
monitors and samplers (i.e., zero air generators, calibrators), and equipment used for
diagnostics and repair. unless otherwise indicated in Table I.A. The TCEQ provides
all primary monitoring equipment, back-up equipment, replacement equipment,
support equipment, parts, supplies, and consumables needed for operation,
maintenance, and repair of air monitoring equipment at applicable sites detailed in
Table I.A. The TCEQ purchases communication equipment, communication services,
and utilities for the applicable sites listed in Table I.A. This includes account
establishment, maintenance, and direct invoice review and payment.
IV. PERFORMING PARTY RESPONSIBILITIES
A. Project Management
l. The Performing Party designates a Project Manager who receives communications
from the TCEQ, manages the work being performed, and acts on behalf of the
Performing Party as an authorized representative. The Project Manager is responsible
for tracking, coordinating completion, and submission of contract deliverables.
2. The Performing Party Project Manager participates in quarterly, or as scheduled,
conference calls and coordinates participation of other Performing Party staff. Calls
are scheduled as agreed upon by both parties.
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TCEQ CONTRACT 582-26-00132
3. The Performing Party replies in writing to all TCEQ requests by set deadlines and
responds promptly to and complies with verbal and written guidance from the TCEQ
Network Coordinator.
B. Equipment Operation, Maintenance, and Repair
l. The Performing Party operates monitoring equipment and collects data using
federally approved methods (i.e., federal reference methods [FRMs] or federal
equivalent methods [FEM], etc.), following federal regulations and established SOPs,
QMPs, QAPPs, and written guidance provided by the Network Coordinator.
2. The Performing Party provides a minimum of one primary operator with at least six
months documented experience with ambient air monitoring equipment and one
backup site operator with similar documented experience. These site operators must
be electrical/mechanical grade technicians capable of operating and performing light
maintenance on meteorological hardware and electronic monitoring equipment. Site
operators must be proficient in the use of digital volt meters and personal
computers.
3. The Performing Party ensures staff independently possess and utilize the
information, practical knowledge, techniques, and skills needed to comply with state
and federal air monitoring regulations.
4. The Performing Party checks the site status each business day through the TCEQ
internal status report webpage using VPN access Site status checks should include
the following.
• shelter temperature
• quality control check completion
• ambient sample collection
• instrument drift
• data logger status
• modem status, where used
5. The Performing Party addresses all warnings and failures as soon as detected, or no
later than the next business day.
6. The Performing Party documents all site activities in the electronic site logbook
before leaving a site where access to electronic logbook is available or within three
business days where site access to electronic logbooks is not available. Entries
include the following, as applicable.
• visit reason
• inclusive visitors list
• tasks performed, including sample installation, sample retrieval, and
shipping dates
• quality control check results
• equipment status
• exchanged, removed, or deployed equipment, including asset or serial
number(s)
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TCEQ CONTRACT 582-26-00132
• exchanged, removed, or delivered compressed gas cylinders and standards,
including cylinder numbers
• atypical site or weather conditions
• siting criteria assessments
• grounds keeping
7. The Performing Party performs SOP listed preventive maintenance instructions
(PMIs), monthly verifications, laboratory control checks (LCCs), quarterly audits and
calibrations, within the timeframe stated in the equipment related SOPs (see also
Table V.A).
8. The Performing Party ensures equipment and standard certifications are current and
obtains prior written approval from the TCEQ Network Coordinator if a situation
requires use of expired equipment or standards.
9. The Performing Party uses audit gas standards that are verified by the TCEQ
Calibration Laboratory Team.
lO.The Performing Party must document all equipment and gas cylinder changes in the
electronic operator log and the Data Acquisition System (DAS) within three business
days of the change.
C. Quality Assurance and Quality Control
The Performing Party provides quality assurance oversight, including ensuring guidance
documents are up-to-date; conducting internal audits; participating in external audits;
developing audit responses within the established deadlines; developing, implementing,
tracking, and verifying corrective actions for non-conformances; providing laboratory
oversight; and validating data.
D. Audits and Assessments
The Performing Party ensures that at least one site operator responsible for the
equipment of interest is present upon request during TCEQ and EPA assessments or site
visits. At least one assessment will be conducted at each site per year. More frequent
assessments may be scheduled if significant or persistent data quality issues occur.
Performing Party will provide all requested documentation by the specified deadline.
E. Training
l. The Performing Party allocates budget, plans travel, makes travel arrangements, and
covers expenses for staff to attend all requested meetings and trainings. Not all staff
are required to attend all meetings and training. Requested meetings and training
may include the following.
• EPA national conferences
• TCEQ annual site operator training
• TCEQ annual local program meeting
2. The Performing Party is responsible for training its staff, documenting their
competency, overseeing their work, and assessing their work quality. The TCEQ may
include local program staff in the annual site operator training. The Performing Party
is responsible for ensuring all staff demonstrate passing competency
demonstrations before working independently.
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TCEQ CONTRACT 582-26-00132
3. The Performing Party identifies, obtains, and documents necessary safety training
annually, ensuring all training is documented and records are maintained for a
minimum of five years.
F. Siting Criteria and Site Maintenance
l. The Performing Party monitors site conditions and performs grounds keeping,
minimizing growth of brush and trees to reduce fire risk and insect and animal
access to the shelters and equipment. Grounds keeping tasks should be entered in
the electronic site log to assist with siting criteria evaluations.
2. The Performing Party ensures sites listed in Table I.A meet siting criteria as defined
in 40 CFR, Part 58, Appendix E.
3. The Performing Party provides logistical support related to relocating or establishing
new air monitoring sites. This may include: locating potential sites, providing access
to contractors and utility companies for site construction, and reviewing and
documenting site construction activities.
4. The Performing Party operates, supports, and maintains city-owned sites, including
maintaining the site agreement with the property owner and paying rental or fees
associated with the site agreement. New sites require prior approval by the TCEQ
and are developed by the Performing Party, including location identification,
construction, and development of a site summary requesting EPA approval.
G. Sub-Contracting
1. The Performing Party submits sub-contractor information, such as name,
qualifications, National Environmental Laboratory Accreditation Program (NELAP)
accreditation status, etc., to the TCEQ for approval.
2. The Performing Party ensures subcontracted sample analysis is performed by a
NELAP accredited laboratory using federally approved methods offered for
accreditation by the TCEQ, where an accredited method is available. The Performing
Party submits laboratories and methods to the TCEQ for approval.
H. General
1. The Performing Party submits Non-Disclosure agreements, completes Cybersecurity
Training annually, and ensures individual VPN access accounts remain active. If VPN
access is lost, the Performing Party notifies the TCEQ Network Coordinator upon
discovery.
2. The Performing Party maintains and provides documentation of shipping expenses,
insurance costs (required) and any additional information necessary to track shipped
equipment or be reimbursed for the activity. The Performing Party insures the
shipped item for the replacement cost.
3. Upon request by the TCEQ, the Performing Party provides guided tours of the
monitoring sites to local school districts or government agencies, not to exceed four
hours per quarter.
4. The Performing Party ensures the sites remain locked and secure when staff are not
on site.
5. The Performing Party obtains the TCEQ's written approval prior to allowing third
party access to a monitoring site for which the TCEQ is PQAO. This excludes service
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CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
representatives accompanied by Performing Party staff. The TCEQ may request the
names and titles of individuals seeking approval to enter a site and a schedule of the
dates and times when site visits are anticipated.
6. The Performing Party obtains the TCEQ's written approval prior to adding any non-
TCEQ equipment to a site for which the TCEQ is PQAO. The TCEQ may request an
equipment summary and its impact on existing equipment and siting criteria.
7. 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.
The TCEQ is not responsible for damages due to negligence of the Performing Party
or its subcontractors.
8. When requested by the TCEQ, the Performing Party provides arrangements to convey
equipment to the TCEQ at mutually agreed upon locations for exchange, delivery, or
transfer.
9. The Performing Party provides transitional services. Given the nature and
importance of the services requested under this contract, the TCEQ must maintain
uninterrupted services. The Performing Party shall provide services as needed to
assist in the smooth transition of a replacement contractor. Transitional services
include the following.
• Provide one week of training to the replacement contractor
• Provide reports, maps, property site contact information, keys, equipment,
and other TCEQ property to replacement contractor upon execution of the
new contract
• Report to replacement contractor pending problems being investigated or
for which equipment repair is incomplete
• Provide access to site trailers, buildings, utilities, or other locked areas
• Notifying the TCEQ Network Coordinator in writing when the transition of
services is complete
• Provide complete cooperation, courtesy, civility, and professionalism when
providing transitional services and communicating with replacement
contractor staff
V. DELIVERABLES
The Performing Party must operate and maintain the air monitoring stations listed in
Section I following applicable federal regulations and effective TCEQ QAPPs, SOPs, and
written directives provided by the TCEQ Network Coordinator to meet federal and state
air monitoring requirements. The TCEQ documents can be accessed through a VPN link
and are also available upon request.
The Performing Party must submit deliverables listed in Table V.A by the listed deadlines
and with the established content and quality. If a deadline cannot be met by the
Performing Party, the project representative must notify the TCEQ Network Coordinator
prior to the due date and provide a justification and an alternative deadline.
Page 26 of 9�J
CITY OF FORT WORTH - 105
Table V.A: Contract Deliverables
Group Deliverables Equipment Task Summary
Timeframe or Due Submit to:
Date
Equipment Audit Equipment Audit a. Maintain ccrtification of audit calibrators a. Prior to Nctwork
Ccrtification calibrators, and ozonc transfcr standards by c�piration Coordinator
ozone submitting to the TCEQ Notify the TCEQ b. Priar to
transfer prior to submittal. transfer
standards, b. Maintain certification of audit kits by
and audit submittal to the TCEQ. Notify in writing
kits prior to submittal
Equipment Certified audit gas Gaseous Request a certified gas audit standard in When the standard Network
standard request analyzers writing, providing the parameter and reads <_300 Coordinator
concentration, warehouse requisition form, pounds per square
and shipping information. inch or if the
Equipment
Equipment
a. Expired
equipment
certification
request
U. Expired standard
certification
request
Equipment Tracking
Equipment a. Performing Party
Standard
Operating
Procedures (SOPs)
b. Revised SOPs
c. Deviations to
TCEQ SOPs
Equipment
a. Preventive
Maintenance
Instruction (PMI)
Completion
b. Report PMI
completion
All a. Request prior approval to use audit
equipment with e�pired certifications.
b. Request prior approval to use gas
standards with expired certifications.
Sites listed Document all equipment and gas cylinder
in Table LA changes in the electronic operator log and
the Data Acquisition Svstem (DAS).
.All a. Submit Performing Party SOPs for
project equipment when TCEQ SOPs are
not used.
b. Review SOPs and revise if current
practice is not reflected. Submit revised
SOPs, as applicable.
c. Submit a w�itten request for all
deviations to TCEQ SOPs. Deviations are
TCEQ approved on a case-by-case basis.
All a. Perform all appropriate PMIs as detailed
in the PMI Manual.
b. Enter the completion of each PMI, the
PMI number, and the date of completion
in the electronic operator log.
c. Track PMI completion using the TCEQ
PMI tracker.
TCEQ CONTRACT 582-26-00132
cylinder will
e�pire in the next
month
a. Prior to
e�piration
b. Prior to
e�piration
Within three
business days of
chan�e
a. ti'hen issued
b. Review SOPs at
least every
three years,
submit revised
SOPs when
issued
c. 30 calendar
days after
TCEQ SOP is
issued
a. Per PMI Manual
or SOP
deadlines
b. Upon
completion of
the PMI
c. Submit
tracking sheet
quarterly with
Financial
Report
deliverables
Network
Coordinator
AquisNet
Network
Coordinator
Network
Coordinator
Page 27 of 9�J
CITY OF FORT WORTH - 105
Group Deliverables
Equipmcnt a. Rcport of
equipment failure
or malfunction
that results in data
loss
b. Report of
continuous
monitor failures
longer than 48
consecutive hours
c. Report of more
than two
consecutive non-
continuous
missed or invalid
samples
d. Report problem
resolution
Equipment
Financial
Reports (FR)
Financial
Reports (FR)
Competency
Demonstrations
(CDs)
a. CAMS Operator
and Safery
Checklist
b. Safety Training
a. All Financial
Report
deliverables
b. Data
Completeness
c. Revised FSR
d. Release of Claims
f orm
TCEQ CONTRACT 582-26-00132
Equipment Task Suinmary
Timeframe or Due
Date
Submit to:
All a. Providc symptoms or causc of failures
or malfunctions in writing.
b. Provide the reason for the data loss and
corrective action taken to resolve the
problem in writing.
c. Provide the reason for the data loss and
corrective action taken to resolve the
problem in writing.
d. Provide resolution description and final
equipment status.
All Submit completed CD forms and supporting
documentation to the TCEQ Network
Coordinator for site operators for assigned
equipment.
. For site operators hired after the
effective date of this contract, submit
the completed CD.
. Track completion of operator CDs and
provide tracking spreadsheet upon
request.
All a. Complete for each site monthly,
maintain completed forms as a hard
copy or electronic file accessible by
request. Submit tracking over��iew sheet
with FR deliverables.
b. Provide staff safety training
documentation.
All a. Submit Financial Status Report (FSR)
form at the following intervals:
• September - November
• Due December 3151
• December - February
. Due March 3151
• March - May
. Due June 30`h
• June - August
. Due October 3151
• FSR must attach detailed and itemized
supply and equipment purchases,
contractual, travel, and other
expenditures, and salary breakdowns.
• Provide receipts for travel
reimbursement, supplies, equipment
and expenses and ensure that dollar
limits do not exceed the contract
amount.
a. thc samc day
discovered
b. ��ithin one
business day
c. within one
business day
d. within one
business day of
resolution
Within 30 calendar
days of contract
effective date or
prior to the
effective date for
newly issued SOPs
• Within six
months of hire
date
• When
requested
a. Note
completion
monthly in
electronic
operator log
and submit
tracking
overview sheet
quarterly with
FR deliverables
b. When reauested
a. Quarterly by
fiscal year
b. ��ith each FSR
c. ��ithin 10
calendar days
of FSR rejection
d. with final
contract FSR
a. Nctwork
Coordinator
b. Network
Coordinator
c. Network
Coordinator
d. Network
Coordinator
Network
Coordinator
Network
Coordinator
Network
Coordinator
Page 28 of 9�J
CITY OF FORT WORTH - 105
Group
Deliverables
Equipment
Financial
Reports (FR)
Other
Inventory
management reports
a. Damage and
vandalism
notification
b. Equipment
replacement
and/or site repair
plan
Other Deadline
notifications
Other New site summary
and request
Other a.
b.
c.
All
All
TCEQ CONTRACT 582-26-00132
Task Suinmary
• Notify in writing with justification,
prior to the due date, when FR
deliverables will be late.
• Sign final, end-of-contract FSR, for
contract closeout final billing
b. Track and submit data completeness
for parameters listed in Table I.A.
Include description of how data
completeness was determined and
provide justification for data loss and
corrective actions taken.
c. Correct and resubmit rejected FSR.
d. Submit completed Release of Claims
form with final contract FSR.
Track all air monitoring equipment and
support equipment (include data loggers,
zero air generators, calibration and/or audit
equipment, and meteorological sensors)
applicable to the items listed in Table I.A
and include all LP owned items purchased
with Section 105 federal funds.
a. Submit summary of damages for all
items purchased w�ith Section 103 or
105 federal funds. Include pictures, and
police reports and communications.
b. Provide a plan for replacement of lost,
stolen, or damaged equipment.
All Submit a notification in writing for a
deadline that cannot be met and provide a
iustification and an alternative deadline.
All Develop a new site summary for submittal
to the EPA requesting approval for a new
site under this contract.
• Include background, site selection
criteria, justification, site address,
latitude and longitude, and a request
for approval.
. Include an aerial image of the area
around the site ��ith the specific site
footprint and orientation and ground
level images.
Sitinq Criteria Sites listed
Checklist in Table I.A
Corrective actions
C onfirmation
Siting Criteria
Checklist
a.
b.
c.
Measure and document checklist
distances.
Complete second checklist tab for
identified obstructions to determine
impact on sample path.
Submit siting criteria threats
identified during the year, such as the
growth of trees or nearby construction
of buildings or structures, in w�riting.
Develop and implement corrective
actions to ensure the site meets
established criteria and submit them in
writing
After corrective actions, confirm and
document checklist distances and
submit a new form.
Timeframe or Due
Date
Quarterly with FR
a. Within 48
hours of
discovery
b. Within 30
calendar days
of incident
Prior to the due
date
Prior to site
development and
deployment
a.
Submit to:
Network
Coordinator
Network
Coordinator
Network
Coordinator
Network
Coordinator
After a new site Network
deployment, by Coordinator
January 31 and
bv J�y 31
• within one
business day
of first tab
completion
• within three
business
days of
discovery
within 30
calendar days
of checklist
completion
within 30
calendar days
of primary
checklist
completion
b.
c.
Page 29 of 9�J
CITY OF FORT WORTH - 105
Group Deliverables
Othcr a. Staff tcrmination
date
b. New staff
changes
c. TCEQIn�'ormation
Resources Non-
Disclosure and
Password
Agreement forms
TCEQ CONTRACT 582-26-00132
Equipment Task Suinmary
Not a. Submit notification of staff tcrmination
applicable or end dates to terminate VPN access.
b. Submit new staff changes so the VPN
access can be updated.
c. Submit forms and submit
documentation of completed security
training for each staff inember requiring
VPN access.
Other a. Travel Requests Not a. Submit a written request for contract
b. Purchase applicable related travel.
Requests b. Submit a written request and
justification to purchase items ��ith a
unit acquisition cost of $5,000 or more.
Quality a. TCEQ or EPA
Assurance Technical
(QA) Systems Audit
(TSA)
b. Corrective action
plans (CAP) for
audits or other
nonconformances
c. CAP status report
d. CAP verifications
QA a. Internal TSA
b. CAP(s)
c CAP status
report
d. CAP verification
All
All
a. Complete the requested questionnaire
and provide associated documentation.
b. Submit a written corrective action plan
for audit findings. Include the
f ollowing.
• the finding or nonconformance
• an assignable root cause for not
meeting the specification
• the programmatic and data impact
• specific corrective actions taken or
planned to address the
nonconformance and to prevent
recurrence
• a timeline for completing each
action
• the means by which corrective
action will be documented and
verified as effective
• the individual(s) responsible for
corrective action implementation
and verification
c. Provide a status reports on CAP
implementation and status.
d. For completed CAPs, provide
verification documentation.
a. Conduct and submit a report for a
thorough, systematic, on-site technical
systems audit of facilities, equipment,
personnel, training, procedures, record
keeping, data validation, data
management, and reporting aspects of
the project described in this contract.
Ensure the enTire proqram is audited
once every three years.
b. Submit CAPs for audit findings
c. Provide a status report on CAP
implementation and status.
d. For completed CAPs, provide
verification documentation.
QA a. Laboratory
Control Check
(LCC)spreadsheet
C ontinuous
gaseous
a. Perform two LCCs following the
instrument SOPs.
Timeframe or Due
Date
a. Within onc
business day
b. Within 10
calendar days
of change
c. annually by
August 31 and
security
training
certificates
within five
business days
of completion
a. Prior to travel
b. Prior to
purchase
a. within thc
requested
deadline
b. within 14
calendar days
of audit
findings report
c. quarterly
d. by the CAP
deadlines
a. Once every
three years. If
completing
partial TSAs,
reports may be
submitted
annually as
long as all
program
elements are
audited every
three years.
b. Within 14
calendar days
of TSA
completion
c. Quarterly
d. By the CAP
deadlines
a. Tw�ice
quarterly,
approximately
Submit to:
Nctwork
Coordinator
Network
Coordinator
a. Designated
QA Specialist
b. Network
Coordinator
c. Network
Coordinator
d. Network
Coordinator
Network
Coordinator
Lcc@tceq.texas.g
ov
Page 30 of 9�J
CITY OF FORT WORTH - 105
Group I Deliverables
U. Sprcadshect
corrections
QA a. Performance
Evaluation (PE)
Pre-Audit
questionnaire
b. PE Audit and
preliminary audit
findings
c. Written response
to PE audit
failures
QA Quality Assurance
Project Plan (QAPP)
Deviations
QA a. Quality
Management Plan
�QMP)
b. QMP certification
TCEQ CONTRACT 582-26-00132
Equipment � Task Suinmary
All
• Download a new spreadsheet from
TCEQ VPN link
. Enter all audits in thc clectronic
operator log, identifying the
instrument, the LCC date, and the LCC
results.
• Perform independent spreadsheet
review for accuracy and completeness
and document in the review section
with name and review date.
• Submit the audit spreadsheet.
b. Submit corrections.
a. Complete the provided PE pre-audit
questionnaire.
b. Provide site access to the TCEQ auditor
and assist the TCEQ auditor, if
requested. Address any preliminary
audit failures
c. Provide written assignable cause for
audit failures and describe corrective
actions and issue resolutions.
Timeframe or Due
Date
Submit to:
45 calendar
days apart
• for each LCC
• prior to LCC
submittal
• prior to LCC
submittal
• within five
business
days of
completed
LCC
b. Within one
calendar day of
request
a.
acknowledge
audit
notification
within one
business day;
submit
completed
questionnaire
per the
requested
deadline.
within three
business days
of audit
within 14
calendar days
of final PE
audit report
issue
Network
Coordinator
b.
c.
All
All
Review the QAPP and submit appendices
detailing deviations in the Performing
Party's implementation of the TCEQ QAPP.
a.
b.
Review and revise the Performing Party
QMP. Ensure the QMP adheres to
Qualiry Management Plan Standard
(CIO 2105-S-Ol.l) and reflects current
practice.
Submit a written certification that the
e�sting plan is current If changes are
needed, submit an amended plan.
By the established Network
deadline or when Coordinator
significant
changes occur
a.
Every two Network
years, 120 Coordinator
calendar days
prior to
expiration and
when
significant
changes occur
30 calendar
days prior to
annual
anniversary of
effective date.
b.
<- less than or eaual to
% - percent
LP - local program
QA - Quality .�ssurance
TA�1IS - TeYas Ambient �ionitoring Information System
TCEQ - Texas Commission on Environmental Quality
EPA - United States Environmental Protection Agency
VPN - virtual private network
Page 31 of 9�J
CITY OF FORT WORTH - 105
VI. ACCEPTANCE CRITERIA
TCEQ CONTRACT 582-26-00132
l. The Performing Party is required to provide the TCEQwith at least a 75% quarterly
data return for parameters listed in Table I.A. If the 75% data return is not achieved,
the Performing Party must identify the assignable cause within a week after the end
of each month. Assignable causes may include acts of nature (tornadoes, hurricanes,
hail, etcJ, vandalism, or circumstances beyond the control of the Performing Party.
Site neglect is not an assignable cause.
2. Failure to meet 75% quarterly data returns without assignable cause may result in
discretionary payment reductions. Considerations for the payment reduction consist
of Performing Party's performance evaluation for required operating procedures,
quality control procedures, and effective and timely communication of non-
compliance issues. Payment adjustments made under this section are cumulative
with all other remedies, and non-compliance issues may require additional corrective
action.
3. The parties agree that the following payment reductions represent a reasonable
calculation of damages to the TCEQ if the Performing Party fails to meet the required
75% quarterly data return without an assignable cause.
4. The TCEQ may reduce payment to the Performing Party for a non-compliant quarter
by up to 25% of the total amount on FSR.
5. Payment reductions made under this section may not reduce the total amount paid
to the Performing Party for an entire fiscal year by more than 25% of the total
amount on FSR. After receipt of the fourth quarter invoice, the TCEQ performs an
accounting of all payment reductions and makes necessary adjustments to the final
payment to ensure that Performing Party is paid at least 75% of the total amount on
FSR for the fiscal year.
Page 32 of 9�J
CITY OF FORT WORTH - 105
GENERAL TERMS AND CONDITIONS
Revised March 28, 2025
1. CONTRACT PERIOD
TCEQ CONTRACT 582-26-00132
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 State of
Texas Fiscal Year in which the Contract is signed.
1.2. Written 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 F�piration 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
Fnvironmcntal 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 inclucling
an extension of a deliverable due date, not to exceed
the expiration date of the Work Order;
Page 33 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
1.2.3.1.3. Changes to the individual tasks/activities in the
Scope of Worlc or Work Order, if applicable, that do
not substantially 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 e�piration of the Contract Period.
2. FUNDS
2.1. 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.
2.2. 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.
2.2.1. 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, including appropriation by the Texas Legislature, for
the purposes of this Contract or the respective claim, suit or obligation, as
applicable. This Contract is contingent on the continuing appropriation of
funds, and funds may be limited by the term of each state biennium.
Performing Party agrees that if the funds appropriated to the Agency for
this grant program are required to be reallocated to fund other federal or
state programs or purposes, TCEQ is not liable to pay any remaining
balance on this grant This Contract shall not be construed to create debt
against the State of Texas. Performing Party will ensure that this article is
included in any subcontract it awards.
2.2.2. 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.
2.3. 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
6.24 of the General Appropriations Act, nor by Texas Government Code Chapter
2273 Prohibited Transactions.
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 FiYed Payment Amounts.
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,
Page 34 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
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. The invoice must include the Financial Status Report, or if
specifically allowed in the Contract, substitute form(s).
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 The Performing Party must submit 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 must submit records to support
reimbursement requests for exempt employee salaries, where costs are
determined based on a percentage of the employee's time performing contract
activities. These records must meet the Standards for pocumentation of Personnel
Expenses in TxGMS or Title 2 Code of Federal Relations (CFR), Section 200.430, as
applicable based on whether state or federal money is used by TCEQ to fund the
grant activities.
If TCEQ determines that the records do not comply with the requirements of
TxGMS or 2 CFR � 200.430, the Performing Party will work with TCEQ to bring the
level of record keeping into compliance. TCEQ may require the Performing Party
to complete the attached Level-of Effort Certification (LEC) form. If required, the
LEC form must be completed and submitted with each invoice.
4.4. Timesheets. The Performing Party must retain records of timesheets supporting
reimbursement requests for nonexempt employees, which are maintained as part
of Performing Party's timekeeping system. Timesheets are not required to be
submitted with each request for reimbursement; however, the Performing Party
must make timesheets available upon request by TCEQ, as necessary for TCEQ to
perform its monitoring requirements and audit purposes.
4.5. 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.
4.6. 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.
4.7. 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.
4.8. State Agencies/Institutions of Higher Education. If the Performing Party is a
state agency or institution of higher education (IHE), payments must be made via
interagency transaction voucher (ITV). Please provide a Recurring Transaction
Index (RTI) number on the face of the invoice. If a state agency or IHE Performing
Party wishes for payment to be made by a method other than ITV, it must make
Page 35 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
arrangements with TCEQ that are acceptable to the Texas Comptroller of Public
Accounts and TCEQ.
5. FINANCIAL RECORDS, ACCESS, AND AUDITS
5.1. Audit of Funds. The state auditor may conduct an audit or investigation of any
entity receiving funds from the state directly under the contract or indirectly
through a subcontract under the contract. The acceptance of funds directly under
this Contract or indirectly through a subcontract under the 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, inclucling provicling 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 maintain and retain all records relating
to the performance of this Contract including supporting fiscal documents
adequate to ensure that claims for funds are in accordance with acceptable State
of Texas requirements. These records will be maintained and retained by the
Performing Party for a period of four (4) years after the Contract F�piration Date
or until all audit, claim, and litigation matters are resolved, whichever is later. The
Performing Party must include the substance of this clause in all subawards and
subcontracts.
5.2.1 The Performing Party must maintain financial records for costs under the
Scope of Work in accordance with generally accepted accounting practices.
5.2.2 Upon request by TCEQ or its authorized representative, 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.
5.3. Financial Audit or Program-specific Audit. If the Performing Party e�pends more
than $1,000,000 in state grant awards, inclucling this Contract, during its fiscal
year, the Performing Party must have an annual independent financial audit
conducted or have a program-specific audit conducted, as allowed in TxGMS. All
audits must be conducted in accordance with generally accepted government
accounting standards (GAGAS) for governmental entities and generally accepted
accounting standards (GAAS) for non-governmental entities. A federal single audit
may be accepted by TCEQ if it is prepared in accordance with the Uniform Grant
Guidance and addresses internal controls and other grant requirements applicable
to this ContracYs adiYiinistrative requirements and grant activities. The
Performing Party's audit reporting package must be provided to TCEQ as specified
in TxGMS.
5.4. Audit Findings. 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 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 Article.
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 TCEQ nor as a TCEQ agent or employee. Performing
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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 subrecipient must be clearly identified as a subaward.
The Performing Party must flow down applicable Contract requirements to
subrecipients 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. Performing Party represents and warrants that it will maintain oversight to
ensure that subcontractors perform in accordance with the terms, conditions, and
specifications of their contracts or purchase orders.
6.5. Performing Party's Responsibilities for Subrecipients. Performing Party
represents and warrants that it will monitor the activities of any subrecipients as
necessary to ensure that the subaward is used for authorized purposes, in
compliance with applicable statutes, regulations, and the terms and conditions of
the subaward, and that subaward performance goals are achieved.
6.6. 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.
6.7. Non-discrimination. The Performing Party will comply with all state and federal
statutes relating to non-discrimination. If the Performing Party is an employer
under the Texas Labor Code, it must not discriminate on the basis of race, color,
disability, religion, sex, national origin, age, or genetic information in its
employment decisions.
6.8. Excluded Parties. Performing Party represents and warrants that it is not listed in
the prohibited vendors lists authorized by EYecutive Order No. 13224, "Blocking
Property and Prohibiting Transactions with Persons Who Commit, Threaten to
Coinmit, 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.
6.9. COVID-19 Vaccine Passport Prohibition. Under Texas Health and Safety Code
Section 161.0085, Performing Party certifies that it is not ineligible to receive the
Contract and will maintain this certification throughout the term of the Contract.
6.10. 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
Section 2054.519 of the Texas Government Code, when the Contract is executed
and annually as applicable.
6.10.1. "Access to TCEQ Computer System or Database" means having a TCEQ
network user account or the authorization to maintain, modify, or allow
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access control to any TCEQ web page, TCEQ computer system, or TCEQ
database.
6.10.2. Within seven (7) days after the execution of the Contract, the 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
cybersecurity 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 that requires Access to a TCEQ Computer System or Database.
6.10.3. If a Performing Party representative has previously completed a DIR-
certified cybersecurity training during a State of Texas Fiscal Year in which
the Contract is effective, 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 a Notice to Proceed/Cornmence
for any Work Order that requires Access to a TCEQ Computer System or
Database.
6.10.4. For Contracts that have contract periods that continue beyond August 31`�
of the State of Texas Fiscal Year in which they are entered, all persons
performing work under the Contract shall take cybersecurity training each
fiscal year that the Contract remains effective. By August 1`�each year, the
Performing Party must provide to the TCEQ Contract Manager a list of
persons that must complete cybersecurity training during the upcoming
State of Texas Fiscal Year. By September 30th, the Performing Party
representative must complete the required training and the Performing
Party must provide evidence that the training was completed. Performing
Party shall also retain the evidence that the training was successfully
completed.
6.10.5. TCEQ will provide access to the cybersecurity training program.
Performing Party is responsible for all other costs associated with their
representatives completing the training, inclucling time spent completing
the training.
6.10.6. 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.
6.10.7. 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.
6.10.8. TCEQ may terminate the Contract for cause if a Performing Party
representative misuses a TCEQ Computer System or Database, inclucling
allowing multiple individuals to utilize a single individual's TCEQ network
user account.
6.11. Prohibited Technologies and Covered Applications. Performing Party certifies
that Prohibited Technologies and Covered Applications will not be used on any of
Performing Party's or its employees', contractors', and subconTractors' devices
including personally-owned devices, if those devices are used to conduct state
business, or access state-owned data or information systems. These devices
include cell phones, tablets, desktop and laptop computers, and other internet-
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capable devices. "Prohibited Tcchnologies" refers to software, applications,
technologies, hardware, equipmcnt, and the aforementioned devices made by the
developers or manufacturers on the Prohibited Technologies list located on the
Texas Department of Information Resources' website at:
htTbs://dir.Texas.�ov/informaTion-securitv/brohibited-technolo�ies. In addition to
the DIR list, TCEQ in its sole discretion may designate additional prohibited
technologies. "Covered Applications" refers to TikTok or any successor
application or service developed or provided by ByteDance Limited or an entity
owned by ByteDance Limited, or other social media application or service
identified by proclamation of the Governor under Texas Government Code Section
620.005.
6.12. Firearm Suppressor Policy. Performing Party certifies that it has not received a
final judicial determination fincling it adopted a rule, order, orclinance, or policy
under which it enforces, or allows the enforcement of, a federal statute, order,
rule, or regulation that purports to regulate a firearm suppressor in violation of
Texas Government Code Section 2.102(a) in an action brought by the Attorney
General under Texas Government Code Section 2.104. If Performing Party is
currently being sued under Texas Government Code Section 2.104 or is sued
under this section at any point during the duration of this Contract, Performing
Party agrees to iinmediately disclose the lawsuit and its posture to TCEQ
7. TIME AND FORCE MAJEURE
7.1. Time is of the Essence. Performing Party's timely performance is a material term
of this Contract The Performing Party will submit timely, complete, and accurate
deliverables in accordance with the Contract.
7.2. Delays. Where Performing Party's performance is delayed, except by force
majeure or act of the TCEQ, TCEQ may withhold or suspend reimbursement,
terminate the Contract for cause, or enforce any of its other rights. Termination
for convenience may be effected even in case of Force Majeure or act of TCEQ
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 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, inclucling Texas Local
Government Code Chapter 176. If circumstances change during the course of the
contract or grant, Performing Party shall promptly notify TCEQ.
Contractor (including Subcontractors) must perform the Work in an unbiased
manner. A conflict of interest exists whenever an entity's or person's roles or
interests may be in conflict, regardless of whether the conflict results in any
actual detriment or deficiency in the entity or person's performance of its duties.
Performing Party shall have a policy governing disclosure of actual and potential
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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 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.
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. Fnvironmental 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 pre,judice 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 Title 30 Texas AdiYiinistrative Code (30 TAC) Chapter 25, subchapters A and B,
unless TCEQ agrees in writing to allow onc of thc regulatory exceptions specified
in 30 TAC Section 2�.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.
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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 thc
Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include
Workers Compensation and Employer's Liability Insurance, Commercial
Automobile Liability Insurance, and Commercial General Liability Insurance.
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
Workcrs Compensation and Employer's Liability Insurance.
11.2. Indemnification.
ll.2.1. IF PERFORMING PARTY IS NOT A STATE AGENCY OR LOCAL
GOVERNMENT, THEN TO THE EXTENT ALLOWED BY LAW, THE
PERFORMING PARTY SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS
THE STATE OF TEXAS AND TCEQ, AND/OR THEIR OFFICERS, AGENTS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR
DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS,
DEMANDS, OR SUITS, AND AL.L RELATED COSTS, ATTORNEY FEES, AND
EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR
OMISSIONS OF PERFORMING PARTY OR ITS AGENTS, EMPLOYEES,
SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF
SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THIS
CONTRACT.
11.2.2. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SH.�LL
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 DIRECTNES.
11.2.3. ANY INDEMNIFICATION DEFENSE SHALL BE COORDINATED BY
PERFORMING PARTY WITH THE OFFICE OF THE TEXAS ATTORNEY
GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN
ANY LAWSUIT AND PERFORMING PARTY MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING CONCURRENCE FROM THE
OFFICE OF THE TEXAS ATTORNEY GENERAL. PERFORMING PARTY AND
TCEQ AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER
OF ANY SUCH CLAIM.
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11.2.4. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED
TO REQUIRE PERFORMING PARTY OR ITS CONTRACTORS TO INDEMNIFY
OR HOLD HARMLESS THE STATE OR TCEQ FOR ANY CLAIMS OR
LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF
TCEQ OR ITS EMPLOYEES.
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 inclucling any one
or more of the following acts or omissions: nonconforming work or existence of a
conflict of interest. Tcrmination 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 ezplicit written release, in the form of a unilateral amendment,
constitutes a release of Performing Party from liability under this Contract.
13.2. Remedies available to the TCEQ In the event of Performing Party's
nonconformance, TCEQ may do one or more of the following:
13.2.1. Issue notice of nonconforming performance;
13.2.2. Reject nonconforming performance and request corrections without
charge to the TCEQ;
13.2.3. Reject a reimbursement request or suspend further payments, or both,
pending accepted revision of the nonconformity;
13.Z4. Suspend all or part of the contract activities or payments, or both,
pencling 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.
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13.�. The dispute resolution process provided in Chapter 2009 of the Texas
Govcrnment Code is available to the parties to resolve any dispute arising under
this Contract.
14. SOVEREIGN IMMUNITY
14.1. The parties agree that this Contract does not waive any immunity from suit or
from liability to which the Performing Party or the State of Texas is entitled by
law.
15. SURVNAL OF OBLIGATIONS
15.1. 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
proceecling includes any litigation, legal proceeding, permit application, or State
Office of Administrative Hearings proceecling, 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 proceecling 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 TYGMS may be included elsewhere in this Contract.
16.1.1. Performing Party represents and warrants that it will include the
following clause in the award documents for any subaward or
subcontract funded by this Contract and will require any subrecipients
and contractors to certify accordingly: "Under Section 231.006 of the
Texas Family Code, the vendor or applicant certifies that the individual
or business entity named in this contract, bid or application is not
ineligible to receive the specified grant, loan, or payment and
acknowledges that this contract may be terminated and payment may be
withheld if this certification is inaccurate. A bid or an application for a
contract, grant, or loan paid from state funds must include the name and
social security number of the individual or sole proprietor and each
partner, shareholder, or owner with an ownership interest of at least 25
percent of the business entity submitting the bid or application."
16.1.2. If Performing Party is a local government, it 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.
16.1.3. 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 TeYas Debarred Vendor List maintained by the
Texas Comptroller of Public Accounts and the System for Award
Management (SAM) maintained by the General Services Administration.
16.1.4. 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.
16.1.5. Performing Party represents and warrants that it will comply with Texas
Government Code Section 2252.906 relating to disclosure protections for
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certain charitable organizations, charitable trusts, and privatc
foundations.
16.1.6. 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 executive head of the TCEQ, or (3) a person who employs a
current or former executive head of the TCEQ affected by this section.
16.1.7. Performing Party acknowledges and agrees that appropriated funds may
not be e�pended 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 e�pended 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 TeYas Government Code.
16.1.8. 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 e�penditures.
16.1.9. If Performing Party is a governmental entity, it represents and warrants
its compliance with Chapter 551 of the Texas Government Code which
requires all regular, special or called meetings 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. If Performing Party is a local entity, Performing Party certifies that it has
not received a final judicial determination fincling 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 Section 364.003. If
Performing Party is currently being sued under the provisions of Local
Government Code Section 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 321A22, which requires that suspected fraud
and unlawful conduct be reported to the State Auditor's Office.
17. RECORDS AND CONFIDENTIAL INFORMATION:
17.1. For records in the possession of TCEQ. Performing Party agrees that TCEQ shall
have the discretion to determine whether information in its possession should be
released or whether an exception should be pursued from the Office of the
Attorney General of Texas (OAG). If TCEQ receives a PIA request related to the
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information that the Performing Party has submitted and marked confidential,
TCEQ will inform Performing Party of the request in a timely manner sufficient to
permit Performing Party to make an argument of confidentiality to the OAG.
17.2. For Records in the Possession of Performing Party or a Subrecipient to which
the PIA Applies. If Performing Party or a subrecipient receives a request for the
documents and records, it shall inform the TCEQ (and any awarding agency
through whom funds from the TCEQ have passed) of the request in a timely
manner sufficient to permit TCEQ to specify that the Performing Party request, or
require its subrecipient to request, an opinion from the OAG so that TCEQ may
make an argument of confidentiality to the OAG.
17.3. For Records in the Possession of a Performing Party, Contractor, Subcontractor,
or a Subrecipient to which the PIA does not Apply. If the Performing Party's
contractor or subcontractor or subrecipient to which the PIA does not apply
receives a PIA request, Performing Party shall require its contractor or
subcontractor to immediately transfer to the Performing Party (or subrecipient
with whom it is in a contractual relationship) a copy of the request and all
documents that are responsive to the request. The term above regarding records
in the possession of the Performing Party or a subrecipient will then apply.
17.4. Performing Party shall ensure that its subgrants and contracts/subcontracts
include language to enforce these requirements.
17.5. ConfidentialInformation.
17.5.1. TCEQ's Confidential Information. If TCEQ provides Performing Party
information identified as confidential or proprietary, Performing Party
has a duty to maintain its confidentiality and prevent unauthorized
release, except as required under the PIA and as set forth in the Public
Information and Release of Information term above. Performing Party is
permitted to use, copy, and disclose confidential information to
Performing Party employees, subrecipients, and contractors only as
necessary to fulfill Performing Party's obligations.
17.5.2. Performing Party's Confidential Information. If Performing Party
submits information to TCEQ that it believes is subject to a PIA exception
and should not be released, it shall mark each page of such information
with "CONFIDENTIAL; INFORM PERFORMING PARTY AND SEEK OAG
OPINION PRIOR TO RELEASE" or a similar statement. TCEQ will handle
requests for information marked confidential by thc Pcrforming Party as
set forth in the Public Information and Release of Information provision.
The following information is considered public information under Texas
Government Code Section 552.1101(b) regardless of whether Performing
Party identifies it is as being confidential:
• information in a voucher or contract relating to the receipt or
e�penditure of public funds by a governmental body; or
• communications and other information sent between a
governmental body and a vendor or contractor related to the
performance of a final contract with the governmental body or
work performed on behalf of the governmental body.
Information specified in Texas Government Code Section 552.0222 as
not being within an exception to disclosure is releasable regardless of
whether Performing Party identifies it is as being confidential.
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17.6. Performing Party must take reasonable cybersecurity and other measures to
safeguard information inclucling protected personally identifiable information (PII)
and sensitive information. Performing Party must be in compliance with applicable
federal, state, and local laws regarding privacy and obligations of confidentiality.
18. CONTRACT INTERPRETATION
18.1. 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).
18.2. Headings. Any headings or subheadings contained in this Contract are for
convenience only and do not control or affect the meaning or construction of any
provision of this Contract.
18.3. 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.
18.4. 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, the period
ends on the following day.
18.5. State, Federal Law. This Contract is governed by and interpreted under the laws
of the State of Texas, as well as applicable federal law.
18.6. 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.
18J. Assignment. No delegation of the obligations, rights, or interests in the Contract,
and no assignment of payments by Performing Party will be bincling on TCEQ
without its written consent, except as restricted by law. No assig11111ent will
release or discharge the Performing Party from any duty or responsibility under
the Contract.
18.8. 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.
18.9. 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 or the likenesses of
TCEQ employees as an advertisement or endorsement without written permission
signed by the appropriate TCEQ authority. Except as otherwise specified in the
Contract, the Performing Party shall acknowledge the financial support of the
TCEQ in publications, websites, reports, media, and other documents developed
for public distribution as a part of this Contract. For these materials, other than
Page 46 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
documents prepared exclusively for intcrnal use within thc TCEQ, the Performing
Party shall use the following statement:
PREPARED IN COOPERATION WITH THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
The preparation of this [report/website] was financed [in part, if appropriate]
through funding from the Texas Commission on Fnvironmental Quality.
18.10. 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.
18.11. 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.
18.12. 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.
18.13. Accessibility. All electronic content and documents created as deliverables under
this Contract must meet the accessibility standards prescribed in Title 1 Texas
Achninistrative Code Section 206.50 and Chapter 213 for state agency web pages,
web content, software, and hardware, unless TCEQ agrees that exceptions or
exemptions apply.
Page 47 of 9�J
CITY OF FORT WORTH - 105
Cost Budget - Matching Funds
TCEQ CONTRACT 582-26-00132
1. Budget. Authorized budgeted expenditures for work performed are as follows:
a. Direct Costs
Budget Category
Salary / Wages
Fringe Benefits
Travel
Supplies
Equipment
Contractual
Construction
Other
Total Direct Costs
b. Indirect Costs
Distribution Base Amount
(identi fy Base type below)
Indirect Cost Rate for
Reimbursement
Total Indirect Costs
c. In-kind Contributions
� In-kind Contributions
d. Total Project Cost
Total Project Cost (Direct
and Indirect Costs and In-
kind Contributions)
$45,000.00
10%
$4,500.00
$0.00 I
$93,134.33
Fiscal Year 2027
$45,000.00
$24,000.00
$2,000.00
$5,134.33
$0.00
$0.00
$0.00
$12,500.00
$88,634.33
e. Cost Share and TCEQ Maximum Authorized Reimbursement
Performing Party Cost 33%
Share %
Performing Party Cost $30,734.33
Share
TCEQ Maximum Authorized
Reimbursement (Direct and $62,400.00
Indirect Costs)
Fiscal Year 2026
$45,000.00
$24,000.00
$2,000.00
$5,134.33
$0.00
$0.00
$0.00
$12,500.00
$88,634.33
$45,000.00
10%
$4, 500.00
$0.00 �
$93,134.33
33%
$30,734.33
$62,400.00
Page 48 of 9�J
CITY OF FORT WORTH - 105
2. Matching Funds. This Contract requires matching funds.
TCEQ CONTRACT 582-26-00132
Performing Party must match TCEQ expenditures by contributing 33% of the total project
costs as shown above. Each invoice must demonstrate that the Performing Party is
contributing the required match for the period specified on the invoice.
3. Indirect Cost Distribution Base. The Distribution Base above is (check one):
❑ direct salary/wages and fringe benefits
❑ modified total direct costs
� other direct cost Base
If other direct cost Base, identify: Salary
The indirect cost rate is (check one):
❑ Predetermined Rate— an indirect rate that is negotiated between the Performing Party
and its federal cognizant agency and supported by a current Negotiated Indirect Cost
Rate Agreement (NICRA) letter. A Predetermined Rate is not subject to adjustment
except as provided by 2 Code of Federal Regulations (CFR) � 200.411.d
❑ De Mulimis Rate— if Performing Party does not have a current negotiated indirect rate,
Performing Party may use a standard rate of fifteen percent of Modified Total Direct
Costs (MTDC) in lieu of determining the actual indirect costs of the service. Costs must
be consistently charged as either indirect or direct costs.
❑ Partial Reimbursement Rate— a reimbursement rate agreed to between TCEQ and
Performing Party that is less than the rate authorized under TxGMS or, where
applicable, 2 CFR Part 200. Performing Party contributes all of its unreimbursed
indirect costs to the successful performance of the project or projects funded under
this Contract, in accordance with Article 9 of this section.
� Other: Performing party is electing to use a ten percent De Minimis Rate with a base of
direct salary/wages.
4. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of budget
total, identify the main constituents:
5. 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 maYimum allowed by law for employees of the State of Texas at the time the
cost is incurred.
6. Sudget Categories. The Budget Categories above are representative of the items of cost
found in TxGMS and 2 CFR Part 200, and have the definitions, requirements, and
limitations found therein. Construction costs are not reimbursable without prior, specific
written authorization from TCEQ
Page 49 of 9�J
CITY OF FORT WORTH - 105
7. Sudget Control.
TCEQ CONTRACT 582-26-00132
a. Cumulative transfers equal to or less than 10% of the Total Budget. Performing Party
may transfer amounts between the approved cost budget categories so long as
cumulative transfers from 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
acknowledgement 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 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.
d. If a transfer between approved cost budget categories results in a change in the total
reimbursable indirect cost amount, the change in the reimbursable indirect cost
amount is subject to the requirements of this Budget Control clause and must be
documented in the BRR or an amendment, as applicable. The Performing Party may
elect to reduce the reimbursable indirect cost amount below its total indirect costs to
meet the requirements of this Budget Control clause.
8. Invoice Submittal. All invoices must be submitted in a format that clearly shows how
the budget control requirement is being met. Unless otherwise stipulated in the
Contract, invoices, including the Financial Status Report (or if allowed specifically in the
Contract, substitute form(s)), must be submitted to the individual named in the Notices,
Project Representatives and Records Location document at the following intervals.
❑ Monthly � Quarterly
Invoices shall be submitted within � 30 days (Quarter 4 invoice due within 60 days) ❑
45 days of the end of the interval checked above.
Final invoices shall be submitted within sixty (60) calendar days after completing the
Scope of Work activities. TCEQ may unilaterally extend this deadline by e-mail.
9. 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.
lO.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 or, where applicable, 2 CFR Part 200. 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 the
Page 50 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
project(s) funded under this Contract, and waives any right it may have to reimbursement
of those costs. Performing Party must fund all unreimbursed indirect costs from sources
that may be properly used to fund such unreimbursed costs (e.g., unrestricted funds).
Performing Party must not charge unreimbursed indirect costs to a different state or
federal grant without each grantor's written permission.
a. If this Contract requires matching funds, Performing Party may, with written TCEQ
approval (and federal awarding agency approval if the match is required by a federal
grant), claim its unreimbursed indirect costs as part or all of its match.
Page 51 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
Notices, Project Representatives and Records Location
Contract No. 582-26-00132
Contract Name: City of Fort Worth - 105
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.
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.
TCEQ Representatives
TCEQ CONTRACT MANAGER
(for Contractual Matters)
Darius Venclauskas
Contract Snecialist
Texas Commission on Environmental
Quality
P.O. Box 13087
MC-165
Austin, Texas 78711-3087
Phone: (512) 239-1614
Darius.Venclauskas@tceq.texas.gov
TCEQ PROJECT MANAGER
(for Technical Matters)
Hollv Landuvt
Proiect Mana�er
Texas Commission on Environmental
Quality
P.O. Box 13087
MC-165
Austin, Texas 78711-3087
Phone: (512) 239-1762
Ho11y.Landuyt@tceq.texas.gov
Performing Party Representatives.
For Contractual Matters
Anthonv Williams
Subervisor/Oualitv Assurance Officer
City of Fort Worth
Code Compliance Department
Environmental Quality Division
200 Texas Street
Fort Worth, Texas 76102
Phone: (817) 392-5462
Anthony.Williams@f ortworthtexas.gov
For Technical Matters
Daniel Fernandez
Senior Environmental Sbecialist/Team
Lead
City of Fort Worth
Code Compliance Department
Environmental Quality Division
200 Texas Street
Fort Worth, Texas 76102
Phone: (817) 392-5444
D aniel.Fernande z @f ortworthtexas.gov
Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless
another recipient is identified below:
� TCEQ Project Manager /❑ TCEQ Disbursements Section /❑ Other:
Designated Location for Records Access and Review. The Performing Party designates the
physical location indicated below for record access and review pursuant to any applicable
provision of this Contract:
City of Fort Worth
Code Compliance Department
Environmental Quality Division
200 Texas Street
Fort Worth, Texas 76102
Page 52 of 9�J
CITY OF FORT WORTH - 105
Attachment A:
Financial Status Report (FSR)
TCEQ CONTRACT 582-26-00132
Page 53 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
Texas Commission on Environmental Quality
Financial Status Report
Grant/Contract Title
Contract Number
Work Order or PGA #, if
applicable
Performing Party Name and
Address
582-
582-
Performing Party ID Number
Report Type ❑ Quarterly ❑ Monthly
Period Covered by This From
Report
Total Contract Period From
Budget Categories* Approved This Report
Budget Period
❑ Final
To
To
Cumulative
Contract Dollars
Expended
Remaining
Balance
� a. Salary/Wages**
� b. Fringe Benefits
� c. Travel**
� d. Supplies**
� e. Equipment**
� f. Contractual**
� g. Construction**
� h. Other**
i. Total Direct Costs
(sum a. — h.)
j. Indirect Cost (_%
x$
(Base)
� k. Other In-Kind Cost
I. Total Project Cost
(i. +j. + k.)
m. Recipient Share of
Expenditures (if
req'd.) %
n. TCEQ
Reimbursement
Amount (I. — m.)
*Budget categories may not contain negative amounts.
**Itemize all component expenditures comprising the total for each of these categories on the attached
supplemental forms. Attach substantiating documentation, as required.
Page 54 of 9�J
CITY OF FORT WORTH - 105 TCEQ CONTRACT 582-26-00132
Texas Commission on Environmental Quality
Financial Status Report
CERTIFICATION: By signing this report, I certify that I am authorized to legally bind the
Performing Party named above.
I certify to the best of my knowledge and belief that the report is true, complete, and accurate,
and the expenditures, disbursements and cash receipts are for the purposes and objectives set
forth in the terms and conditions of the Contract award. I am aware that any false, fictitious,
or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil, or administrative penalties for fraud, false statements, false claims or otherwise. (U.S.
Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812, and state law).
*If using an electronic signature instead of a typed signature, please complete the entire
application before signing electronically. The ability to edit, add, or remove information will not
be available after the application is electronically signed.
Signature of Authorized Certifying Official
Typed or Printed Name
Title of Authorized Certifying Official
Telephone (area code, number, ext.)
Date Submitted
ext.
Page 55 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
Supplemental Forms
Substantiating Documentation (travel receipts, invoices, etc.) must be attached to this form; see
Preparation Instructions. All documentation must be legible. Add more rows as necessary.
Salary/Wage and Fringe Expenditures during this report period
All employees must be listed on a PEL associated with the invoicing period. An updated PEL is
required when employment status changes.
A. Salary/Wages
Employee Name Title/Position Salary (this period) Task Number(s) (If
none specified,
Description of Task)
Total Salary/Wage Expenditures (must agree
with line a.)
B. Fringe ( %, if specified in contract)
Total Fringe Benefits for the reporting period
(must agree with line b.)
Total Salary/Wage Expenditures & Fringe
Benefits
Travel Expenditures during this report period
Employee Date(s) Destination Meals
of and Purpose
Travel
Lodging Transportation
Other Task
(provide Number(s)
description) (If none
specified,
Description
of Task)
Total Travel
Expenditures (must
agree with line c.)
Page 56 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
Supplemental Forms
Substantiating Documentation (travel receipts, invoices, etc.) must be attached to this form; see
Preparation Instructions. All documentation must be legible. Add more rows as necessary.
Supplies Purchased during this report period
Item Description
Total Supply Expenditures (must agree with line
d.)
Equipment Purchased during this report period
Item Description (must match Serial
description provided for approval) Number or
otherlD
Number
Total Equipment Expenditures (must
agree with line e.)
Contractual Expenditures during this report period
Subcontractor(s)
Total Contractual Expenditures
(must agree with line f.)
Activity/Purpose
Unit Cost Number Total Cost
Purchased
Task
Number(s)
(If none
specified,
Description
of Task)
I I I
Unit Cost Number Total Cost
Purchased
Task
Number(s)
(If none
specified,
Description
of Task)
I I
Date(s) Cost (this
Performed period)
Task
Number(s) (If
none
specified,
Description
of Task)
Pagc �7 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
Supplemental Forms
Substantiating Documentation (travel receipts, invoices, etc.) must be attached to this form; see
Preparation Instructions. All documentation must be legible. Add more rows as necessary.
Construction Expenditures during this report period
Description
Total Construction Expenditures (must agree
with line g.)
Activity/Purpose
Cost (this
period)
Other Expenditures during this report period including Expenditures by Subgrantees
Description and/or Subgrantee(s)
Total Other Expenditures (must agree with
line h.)
Activity/Purpose/Quantity
Other In-Kind Contributions during this report period
Description and/or Subgrantee(s)
Total Other Expenditures (must agree with
line h.)
Activity/Purpose/Quantity
Pagc �8 of 99
Cost (this
period)
Cost (this
period)
Task
Number(s) (If
none
specified,
Description
of Task)
Task
Number(s) (If
none
specified,
Description
of Task)
Task
Number(s) (If
none
specified,
Description
of Task)
CITY OF FORT WORTH - 105 TCEQ CONTRACT 582-26-00132
Financial Status Report Preparation Instructions
1. The Performing Party, in order to obtain reimbursement for those expenditures authorized under this
Contract, shall submit a completed, legible, TCEQ Financial Status Report ("FSR", TCEQ Form 20248) and
provide any required receipts or documentation.
2. The FSR must be submitted as directed under the Contract (monthly, quarterly, etc.) and meet any contractual
time periods and deadlines.
3. An FSR is required even if no expenses were incurred during the report period.
4. Salary/Wage Expenditures: Unless otherwise specified in the Contract, the Performing Party does not need to
attach timesheets to the FSR. The Performing Party is, however, expected to maintain such documentation
that can serve to verify the total, overall hours of staff time being directly billed to this Contract. The
Performing Party must provide a Level-of-Effort Certification for each salaried employee performing work
under this Contract, where costs are determined based on percentage of the employee's time performing
activities; unless, in accordance with the Contract and its General Terms and Conditions, TCEQ has approved
another method of documentation.
5. Travel Expenditures: Unless otherwise specified in the Contract, the Performing Party must attach
documentation that substantiates travel-related costs such as legible copies of Performing Party-approved
travel vouchers signed by the employee who traveled; receipts showing the traveler's name, travel location,
and travel dates; and itemized receipts for meals, lodging, and transportation.
6. Supplies: Unless otherwise specified in the Contract, for any single item costing more than $500, the
Performing Party must attach documentation that identifies the good, the vendor or subcontractor who
provided the good, and reflects the reimbursable amount listed on this form. Preferred documentation
includes receipts, purchase orders, and/or invoices showing "received/paid". The Performing Party may not
intentionally break up orders for the purpose of avoiding a requirement to provide confirming documentation.
7. Equipment Expenditures: TCEQ may disallow the cost of equipment purchased without prior approval.
Performing Party must attach documentation that identifies the specific piece of equipment received, the
serial or other identification number, the vendor who provided the equipment, and reflects the reimbursable
amount listed on this form. The documentation must be either a purchase order marked "received/paid" or a
vendor-provided invoice or receipt similarly showing that the expense was both paid by the Performing Party
and is now in the Performing Party's possession.
8. Contractual Expenditures: Performing Party must attach documentation reflecting the contractual
expenditure that identifies the services received, the subcontractor who provided the services, and reflects
the reimbursable amount listed on this form. Documentation reflecting the contractual expenditure must
include a dated invoice, purchase order, or receipt that shows the amount billed to and paid by the
Performing Party and any "past due" amount from previous invoices.
9. Construction: Performing Party must attach documentation that demonstrates its expenditures toward
completion of the Task associated, including any schedule of values or other estimates related to the work
completed.
10. Other Expenditures: Unless otherwise specified in the Contract, for any subaward, single item, or service
costing more than $500, the Performing Party must attach documentation that identifies the good or service,
any subgrantee that performed work, and reflects the reimbursable amount listed on this form. Preferred
documentation includes receipts, purchase orders and/or invoices showing "received/paid," documentation
demonstrating expenditures towards completion of the Task associated, and for expenditures by subgrantees,
documentation sufficient for verifying completion of the Task or objective associated with an expenditure
including documentation otherwise required under a deliverable. The Performing Party and any subgrantee
may not intentionally break up orders for the purpose of avoiding a requirement to provide confirming
documentation.
Page 59 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
11. Other In-Kind Contributions: In-kind, donated goods/equipment, or volunteer services may be recorded as
contributing towards the cost-share or matching share only. These costs may not be reimbursed by TCEQ. The
Performing Party must follow 2 CFR 200.306 for valuing and documenting these amounts.
12. A single expenditure may support more than one task or objective. The Performing Party may list multiple
tasks or objectives supported.
Page 60 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
Attachment B:
Budget Revision Request (BRR)
Page 61 of 9�J
CITY OF FORT WORTH - 105
BUDGET REVISION REQUEST
TCEQ CONTRACT 582-26-00132
Puruose: To document Yerforming Party's proposed budget changes where the budget total does not change. Any budget transfers that
cumulatively e�ceed 10% of the total budget (from original contract or most recent amendment) require TCEQ's prior approval.
Instructions: Complete L- 8. Total the amounts.
1. Performing Parry Name & Complete :�ddress Including Zip Code:
I2. Grant/ Contract Title:
I4. TCEQ Contract No. or PGA/Work Order 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)
7. Most Recently
Approved Budget (from
original contract or most
recent amendment)
3. Performing Party ID No.:
5. Total Contract or PGA/WO Period:
8. Cumulative (+ or -) Change g, New or Revised Budget
including this BRR since most after this BRR
recent budget in column 7)
I j. °'°Indirect Costs for reimbursement
( ---% � $----- fBasel
❑ Check here if the dollar amount for indirect costs for reimbursement is changed in this BRR.
❑ Check here if the amount requested for reunbursement is lower than the total allowable indirect costs.
❑ Check here if the indirect cost rate for reimbursement is changed in this BRR.
Reason for indirect cost rate change:
❑ Change in NICRA (attach NICRA)
❑ Other (e�plain):
Note: Performing Parry agrees it will cover any unreimbursed indirect costs using funds allowed to be used for that purpose (e.g.,
unrestricted funds; note that federal funds for other proiects are generally not available for this purpose).
1. Number of BRRs for this
k. Total (sum i& j) uroiect (includin� this one)
� Justification (Attach additional sheets, if necessary. If change is due to an updated indirect cost rate, attach NICRA letter):
rtrt�° Budget Revision Request must contain all signatures to be valid �°�°rt
Signature of Performing Party's Representative
:�cknowledged:
Signature of TCEQ Project Manager
Signature of TCEQ Contract Manager
Date
Date
Date
Type or Printed Name and Title
Type or Printed Name and Title
Type or Printed Name and Title
Page 62 of 9�J
CITY OF FORT WORTH - 105
Attachment C:
Release of Claims (ROC)
TCEQ CONTRACT 582-26-00132
Page 63 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
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 (TCE� in the sum of $________, which constitutes final payment
to City of Fort 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 582-26-00132 (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.
EYecuted on this _________ day of _______________, 20
BY�-------------------------
(signature)
(name)
(title)
Page 64 of 9�J
CITY OF FORT WORTH - 105
Attachment D:
Personnel Eligibility List (PEL)
TCEQ CONTRACT 582-26-00132
Page 65 of 9�J
CITY OF FORT WORTH - 105
Personnel Eligibility List (PEL)
Performing Party:
Date:
Staff Name or
"Vacant" Position or Tide
TCEQ CONTRACT �82-26-00132
Initial
Date Added Date Estimated
to PEL Removed Time to
from PEL Contract
(% or hrs)%
'`Only provided for esTimation purposes and may be different from actual hours worked.
Page 66 of 9�J
CITY OF FORT WORTH - 105
TCEQ CONTRACT 582-26-00132
Attachment E:
Level-of-Effort Certification (LEC)
Page 67 of 9�J
CITY OF FORT WOKTH - 105
Project
TCEQ Contract
Nos.
582-XX-x:�:XXX
582-XX-x:�:XXX
582-XX-x:�:XXX
582-XX-x:�;XXX
582-XX-x:�:XXX
582-XX-x:�:XXX
Other Projects
(Not Related to
TCEQ
Contracts/Grants)
Level-of-Effort Certification
[Month] 20[XX]
Employee Name: [Name]
Actual Activities Performed
TCEQ CONTRACT �82-26-00132
Activity for Which
Employee was
Compensated
(% of Total Hours
Worked)
. X%
• X%
• X%
. X%
• X%
• X%
X%
The information listed above is true and correct. TCEQ may request additional
inf ormation.
Employee Name
Employee Signature
Date
Supervisor Name
Supervisor Signature
Date
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Exhibit A-1 US Environmental Protection Agency (EPA) Quality
Management Plan Standard (CIO 2105-S-01.0)
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��,�PA IT/IM DIRECTIVE
STANDARD
Quality Management Plan Standard
Directive No: CIO 2105-S-01.0
Issued by the EPA Chief Information Officer,
Pursuant to Delegation 1-19
Quality Management Plan Standard
1. PURPOSE
TCEQ CONTRACT 582-26-00132
This Standard supports the implementation of EPA's Environmental Information Quality
Policy and Environmental Information Quality Procedure'.
All EPA organizations performing environmental information operations and non-EPA
organizations performing environmental information operations on behalf of EPA are
required to participate in the EPA Agency-wide Quality Program. EPA's Quality Program
supports EPA's mission to protect human health and the environment and to ensure
environmental information operations products and services are of known and
documented quality for their intended use(s).
The Quality Management Plan (QMP) describes an organization's Quality Program. It also
documents how the organization structures its Quality Program including descriptions of
its internal quality procedures for implementing and assessing the effectiveness of the
program; criteria for and areas of application; and roles, responsibilities, and authorities.
The QMP must also document all technical activities to be performed under the Quality
Program and how the program will integrate quality assurance (QA), quality control (QC),
and Quality Assurance Project Plans (QAPP) into all its environmental information
operations.
The requirements described in this Standard are consistent with the principles in the
American Society for Quality (ASQ)/American National Standards Institute (ANSI) E4:2014
(R2019), Quality management systems for environmental information and technology
programs—Requirements with guidance for use.
2. SCOPE
This Standard defines the minimum requirements for QMPs for all EPA and non-EPA
organizations performing environmental information operations. Environmental information
operations is a collective term that encompasses the collection, production, evaluation, or
use of environmental information by or for EPA and the design, construction, operation, or
application of environmental technology by EPA.
3. AUDIENCE
The audience for this Standard is all Agency employees responsible for environmental
information operations. This includes EPA Program Offices, Regions, and their sub-
organizations hereafter referred to as EPA organizations.
' The current versions of these directives are located at IT/IM Directives.
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This Standard also applies to non-EPA organizations performing environmental
information operations in support of EPA's mission or national program priorities as
defined by and in accordance with:
• federal laws and legal requirements including administrative orders/enforcement
actions,
• regulations,
• extramural agreements, or
• performing work on a voluntary basis under agreement with EPA.
Non-EPA organizations include but are not limited to:
• contractors,
• regulated parties,
• cooperative agreement holders,
• grantees,
• states, tribes, localities, intergovernmental agencies,
• educational institutions, hospitals, non-profits,
• other federal governmental agencies, and parties to Memoranda of Agreement or
Understanding,
• volunteer organizations, and
• other environmental information providers.
Since non-EPA organizations may participate in more than one extramural agreement with
EPA, the organization's QMP may contain common management information that may be
applied to more than one agreement.
4. BACKGROUND
Since 1979, it has been an Agency requirement for all EPA organizations performing
environmental information operations and non-EPA organizations performing
environmental information operations on behalf of EPA to participate in an Agency-wide
Quality Program.
In March 2001, the Agency issued EPA Requirements for Quality Management Plans EPA
QA/R-2, and in May 2006, the Agency reissued EPA QA/R-2.
In March 2021, the Agency revised EPA's quality policy and procedure and reissued as
EPA's Environmental Information Quality Policy and Environmental Information Quality
Procedure2. Together we refer to these as the Agency's Quality Policy and Procedure.
5. AUTHORITY
These citations are valid at the time of issuance of this Standard. Since these documents
are subject to periodic review, users of this Standard should refer to the most recent
version.
• U.S.C. Apq.: Pub. L. 98-80. 84 Stat. 2086 (Reoraanization Plan No. 3 of 19701
2 The current versions of these directives are located at IT/IM Directives.
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• Information Qualitv Act. Section 515 of Treasury and Government Aooropriations
Act. 2001 (PL 106-554. 31 USC 3516) (Refer to Paqe 114 STAT.2763A-1541
• 2 CFR 1500.12: Uniform Administration Requirements, Cost Principles and Audit
Requirements for Federal Awards, Qualitv Assurance
• 40 CFR Part 35: State and Local Assistance
• 48 CFR Part 46: Qualitv Assurance
• 40 CFR Aaaendix A to Part 58 — Qualitv Assurance Requirements for Monitors
used in Evaluations of National Ambient Air Qualitv Standards
6. STANDARD
A. QMP Overview
1. General Content
The QMP describes and documents an organization's Quality Program consistent
with the Agency's Quality Policy and Procedure. Specific QMP content
requirements are described in Section B. Each organization should evaluate these
requirements for applicability to their Quality Program. Where a particular
requirement is not relevant, an explanation of why it is not relevant shall be
provided in the QMP. Also, if the QMP preparer or EPA organization sponsoring
the work determines that additional quality requirements are useful or necessary
for an adequate Quality Program, these requirements shall also be described in
the QMP. Examples of additional requirements that may be useful or necessary to
include may be found in Section 8. RELATED INFORMATION.
2. Level of Detail: The Graded Approach and QMPs
A QMP is unique to its organization. Implementation of the Agency's Quality
Policy and Procedure allows for the principle of the graded approach to be applied
to the systematic planning, development, and approval of QMPs.
The graded approach establishes the QA and QC requirements commensurate
with the importance of the work, the available resources, and the unique needs of
the organization or the customer (for contracts). The process of determining the
level of detail for management controls to be applied to activities listed in the QMP
can be developed according to the intended use and the degree of confidence
needed in the quality of the results.
3. QMP Preparation Responsibility
EPA Organizations
The EPA organization's senior manager having executive leadership authority for
the organization is responsible for assuring the preparation and approval of the
QMP to cover all environmental information operations to be performed under the
Quality Program.
The actual preparation of the QMP may be assigned to the organization's QA
Manager (QAM) and/or designee.
Non-EPA Organizations
The senior manager of the non-EPA organization is responsible for assuring the
preparation and approval of a QMP that covers all environmental information
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operations specified by the applicable extramural agreement(s) and for which the
organization's management is accountable.
The actual preparation of the QMP may be assigned to the organization's QAM
and/or designee.
4. QMP Submittal and Approval
EPA Organizations
EPA Program Offices and Regions shall have one overarching QMP for their
organization. This QMP shall be submitted to EPA Office of Mission Support
(OMS), Office of Enterprise Information Programs (OEIP), Enterprise Quality
Management Division (EQMD) for review and approval by the Chief Information
Officer (CIO) and Deputy Assistant Administrator (DAA) for Environmental
Information (CIO/DAA) All submittals to EQMD shall also include a completed
QMP Checklist to ensure that the QMP contains all requirements.
The EPA organization's QMP approval signatures shall include the QAM, the
organization's Assistant Administrator (AA) or Regional Administrator (RA), and
management between the RA/AA and the QAM. Program Offices shall also
include the Senior Information Officer (SIO). Regions shall also include the
Laboratory Services and Applied Sciences (LSAS) Division Director.
The Office of Mission Support approval signatures shall include the OMS-EI
CIO/DAA for all Program Office and Regional QMPs.
All signatures shall be dated.
Non-EPA Organizations
When a QMP is required either by regulation, contractual requirement, assistance
agreement condition, etc., the QMP shall be submitted for review and approval to
the EPA official responsible for the work, who will then follow the approval
procedures listed in the sponsoring organization's QMP. The EPA official may
include the contracting officer's representative (COR), the grant project officer
(PO), and the EPA QAM in accordance with their organization's overall approved
QMP. All signatures shall be dated.
States, Tribes, and Territories: If stated in the EPA sponsoring organization's
QMP, approval of the state, tribal, or territory QMP may include delegated QA
activities such as the approval of Quality Assurance Project Plans (QAPPs),
training, etc.
Non-EPA Organizations shall consult with the EPA organization sponsoring the
work for additional requirements for document submittal and approval.
5. Period of Applicability of an Approved QMP
• EPA Organizations
For EPA organizations, QMPs approved under this standard shall be valid for
no more than five years from the date approved.
• States, Tribes, Territories, and Other Federal Agencies
For states, tribes, territories, and other Federal Agencies, QMPs approved
under this standard shall be valid for no more than the lesser of five years or
shorter duration as may be defined in the extramural agreement.
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All other non-EPA organizations
TCEQ CONTRACT 582-26-00132
For all other non-EPA organizations, QMPs approved under this standard shall be
valid for no more than five years or shorter duration as may be defined in the
extramural agreement, contract; memorandum of understanding
(MOU)/agreement (MOA), or legal agreement.
If a QMP no longer meets the requirements of this standard, approving officials
may rescind their approval prior to the period of applicability listed.
6. QMP Annual Reviews and Revisions
All EPA and non-EPA organizations required to have a QMP shall review their
QMP at least annually to confirm its suitability and evaluate the effectiveness of
the approved quality management practices. These documented reviews shall be
made available to the sponsoring EPA organization if requested.
When necessary, the organization shall revise its QMP to incorporate minor
changes and notify the EPA approving authority of the changes. If significant
changes have been made to the Quality Program that affect the performance of
environmental information operations, it may be necessary to re-submit the entire
QMP for re-approval. In general, a copy of any QMP revision(s) made during the
year should be submitted to the EPA approving authority in writing when such
changes occur.
Conditions requiring the revision and resubmittal of an approved QMP include:
• expiration of the QMP,
• significant changes in the organization's mission or structure, such as in the
delegation status of a program,
• re-organization of existing functions that affect programs covered in the QMP,
• change in the scope (i.e., statement of work or workplan) in the extramural
agreement, or
• corrective actions that significantly change the organization's quality program
All personnel in the organization performing environmental information operations
covered by the scope of the QMP shall be notified of changes to the Quality
Program and the QMP to keep them informed of the current requirements. This
practice may also include contractors, sub-contractors, and grantees, in
accordance with the organization's overall approved QMP.
B. QMP Requirements
QMPs for both EPA organizations and non-EPA organizations, as defined in the
Agency's Quality Policy and Procedure, shall address all requirements of this
Standard for environmental information operations. QMPs shall also describe the
management commitment and approach to assessing its Quality Program.
Tribal Primary Quality Assurance Organizations (PQAOs) conducting regulatory
and/or informational monitoring shall also consult with the EPA organization
sponsoring the work for additional information on QMPs supporting 40 CFR
Appendix A to Part 58: Quality Assurance Requirements for Monitors used in
Evaluations of National Ambient Air Quality Standards.
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The QMP shall include at a minimum:
1. Title Page
TCEQ CONTRACT 582-26-00132
The title page shall contain the name of the document to include "Quality
Management Plan"; date of QMP preparation; name of the organization; title or
identification reference number of the extramural agreement if applicable; period
of performance; and version control information.
2. Approval Page
The approval page is for the signatures of the QAM, senior manager, and
managers between the senior manager and the QAM.
EPA Organizations
For EPA Organization QMPs, the approval page shall contain the signatures of
the organization's QAM, senior manager having executive leadership authority
(AA/RA), managers between the QAM and senior manager, and the OMS
DAA/C I O.
Non-EPA Organizations
For Non-EPA Organization QMPs, the approval page shall contain signatures of
the organization's QAM, senior manager, and managers organizationally between
the QAM and senior manager.
The approval page shall include a section for EPA signatures. QMPs shall include
EPA signatures from both operations (COR, PO, etc.) and the EPA QAM or
designee. For specific signatures to include, contact the EPA organization
sponsoring the work.
3. Organization's Quality Statement
The statement shall include at a minimum the importance of quality in its
environmental information operations; the general objectives and goals of the
QMP; a description of management and staff responsibilities for implementing the
QMP; the organization's commitment to quality management principles, practices,
and resource allocation for the organization's QA Program.
The difference between the mission and quality statements is in their orientation.
The mission statement addresses goals for the entire organization; the quality
statement addresses senior management's specific commitments toward the
quality of the organization's environmental information operations. Quality
statements are implemented by the organization and documented in its QMP.
4. Organizational Chart
The organizational chart shall identify all components of the organization including
the organizational position; lines of communication and authority; and lines of
reporting for the QAM and QA staff, and the areas of the organization conducting
environmental information operations. The title of the QAM position may vary by
organizational structure (e.g., Quality Manager, QA Officer, Regional QAM). For
this Standard, this position will be referred to as the QAM.
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The organizational chart shall establish and document the independence of the
QAM and quality staff from groups conducting direct environmental information
operations.
5. Roles, Responsibilities and Authorities
In context of the overall organizational structure, the QMP shall describe the
responsibilities and authority of the QAM and the Operations Manager:
QA MANAGER
QAMs are individuals within the organization who are assigned specific quality
management duties and are delegated authority for quality management as
defined in the organization's QMP. The delegation of authority to the QAM for
management of the Quality Program shall be documented in the QMP.
Redelegation of procedures/processes from the QAM to others within their
organization, or to states, tribes, and territories if applicable, shall also be
documented in the QMP.
The QMP must state that the QAM has the authority to conduct independent
oversight of the organization's Quality Program. The QAM must also function
independently of direct environmental information operations.
If the QAM is not conducting routine QA activities on a full-time basis, this shall be
noted in the QMP. A part-time QAM shall remain independent of environmental
information operations covered in the QMP and remain objective regarding the
Quality Program, particularly during internal assessments of the Quality Program.
The QAM shall report to senior managers having executive leadership for the
organization. If the senior manager does not directly supervise the QAM, the QAM
must have authority to access and discuss quality-related issues with their
organization's senior manager outside of their direct supervisory chain as
necessary. The latter is demonstrated by a dotted line on the organizational chart
and the QMP shall describe the processes in place to ensure this access.
OPERATIONS MANAGER IProaram ManaaerR
The Operations Manager is independent of the QAM. In some organizations this
individual may also be referred to as the Program Manager or person responsible
for the activity. Some organizations may have multiple operations managers. The
Operations Manager will not have authority to sign QA documentation for the
QAM, nor will the QAM have authority to sign documentation for operations unless
specified in the organization's QMP.
The QMP shall also describe the roles and responsibilities of the senior manager
having executive authority for the organization, managers, QA staff, technical
staff, and others involved with environmental information operations and
implementing the QMP.
6. Technical Activities and Programs Supported by the QMP
The QMP shall document all technical activities and/or programs supported by the
QMP.
Specifically, the QMP shall:
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• identify and describe all parts of the organization (by name) to which the QMP
applies. (This description shall correlate to the organizational chart.),
• identify and describe all programs and technical activities involving
environmental information operations, and
• describe how the programs will integrate QA/QC procedures and QAPPs into
all its environmental information operations as specified in their extramural
agreements and described in their implementation.
7. Conformance with Policies, Procedures, Standards, and Regulations
The QMP shall identify EPA policies, procedures, standards, and regulations; and
internal organization procedures, processes, and standard operation procedures
(SOPs) pertinent to the environmental information operations included in the
Quality Program.
For non-EPA organizations, the QMP shall document all quality-related terms and
conditions and requirements specified in extramural agreement(s) such as
contracts, grant agreements, interagency agreements, MOUs, and describe their
implementation.
8. QA Field Activities
EPA Organizations
EPA's QA Field Activities Procedure (QAFAP), CIO 2105-P-02.03 describes how
the Agency's Quality Program shall be applied consistently to sampling and non-
sampling field activities. The QAFAP provides a comprehensive, coordinated
approach for consistent implementation for field activities.
EPA organizations shall include a section in the QMP that describes
implementation of and conformance to the requirements in QAFAP.
Non-EPA Organizations
Non-EPA organizations shall include a section in their QMP for field procedures, if
applicable, that cover environmental information operations. The QMP shall
describe, reference, and confirm this information in this section.
9. Computer Hardware and Software
EPA and Non-EPA Organizations
To ensure the information produced from or collected by computers meet
applicable requirements and standards, the QMP shall describe or reference the
internal processes the organization will use to satisfy the requirements in the
current versions of:
• EPA C/O 2122-P-03.1 Enterprise Architecture /T Standards Procedure3
• EPA C/O 2104.1 IT/IM Directive Policy Software Management and Piracy
Policy4
3 The current version of this directive is located at IT/IM Directives.
4 The current version of this directive is located at IT/IM Directives.
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• EPA C/O 2104-P-01-0 Software Management and Piracy Procedure5
10. Information Quality Guidelines (Pre-Dissemination Review)
EPA Organizations only
The QMP shall describe organizational procedures for assessing environmental
information prior to dissemination. Procedures shall ensure implementation of the
current version of EPA Guidelines for Ensuring and Maximizing the Quality,
Objectivity. Utility, and Integrity of Information Disseminated by the Environmental
Protection Agencys, referred to as the Information Quality Guidelines.
Agency reports shall be reviewed in accordance with the process described in the
organization's QMP before publication to ensure that an adequate discussion of
QA and QC activities is enclosed.
Documentation of pre-dissemination reviews performed on disseminated
information products shall be retained.
11. Organization Competence
The QMP shall document the organization's process for ensuring the competence
of personnel to implement the environmental information operations described in
the QMP.
Specifically, the organization's QMP shall:
• document how the organization determines the minimum requirements (i.e.,
technical skills, demonstrated knowledge, and documented experience) for
personnel described in the QMP conducting environmental information
operations; and
• document how the organization evaluates personnel for competency based on
the requirements for the roles to confirm that these persons are competent
based on appropriate knowledge, skills, education, training, and/or
experience.
12. Personnel Training
The QMP shall contain a section on training. The section shall describe the
process for determining training requirements, and training needs. The section
shall also describe the roles of individual(s) responsible for defining, planning,
reviewing, and documenting the training requirements.
Effective implementation of the QMP requires that training and outreach occur to
ensure all personnel involved in the planning, management, and implementation
of environmental information operations have the competencies to complete their
tasks according to the procedures and processes in their organization's Quality
Program.
Training needs within the organization are task or role specific and include both
technical training and quality-related training. Managers can benefit from training
or briefings to help understand the structure, concepts, and operating principles of
5 The current version of this directive is located at IT/IM Directives.
6 The current version of this document is available at httas.//www.eaa.aov/sites/defaulbfiles/2019-
08/documents/epa-info-aualitv-auidelines 1.pdf
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the Quality Program. Technical personnel can benefit from training to help
understand the organization's quality program and the QA and QC tools and
techniques necessary to fulfill the requirements of the program.
Organizations often have Human Resource Training Coordinators that can be
consulted when developing training programs.
13. Procurement of Items and Services
The QMP shall describe the organization's processes including roles and
responsibilities, and authorities pertaining to all procurements and extramural
agreements for ensuring that appropriate quality requirements are included and
implemented. Procurement and extramural agreements can include contracts,
assistance agreements, interagency agreements, and other cooperative
agreements.
This description shall also include:
• reviewing and approving procurement and extramural documents (and any
changes to these documents) prior to issuing the solicitation to ensure that the
documents are accurate, complete, and contain Agency quality requirements,
• ensuring that the agreement(s) clearly document how the supplier will address
technical and quality requirements,
• ensuring that the agreement(s) clearly document the supplier's responsibility
for the Quality Program requirements,
• providing procedures for verifying how the supplier will conform to the
customer's requirements,
• reviewing all applicable responses to solicitations to ensure that these
documents satisfy all technical and quality requirements,
• providing evidence of the supplier's capability to satisfy EPA quality program
requirements as defined in the extramural agreement or applicable Federal
Regulations,
• ensuring that procured items and services are of acceptable quality, including
the review of objective evidence of quality for applicable items and services
furnished by suppliers and subcontractors, source selection, source
inspections, supplier audits, and examination of deliverables,
• reviewing procedures for quality-related documentation, QMPs or QAPPs
from contractors,
• reviewing and approving QMP and QAPP procedures and criteria for
delegations of EPA authority, and
• ensuring that EPA quality-related contracting requirements, as defined by the
Federal Acquisition Regulations are satisfied.
EPA Organizations EPA organizations shall describe or reference the process
including roles and responsibilities for reviewing and approving QA Review Forms
(QARF) and accompanying statements of work/performance work statements.
The QA Review Form is used to ensure that quality requirements of 48 CFR Part
46.202 and clause 52.246-11 are communicated to the EPA contract officer, and
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to ensure that EPA-specific requirements (defined in the Agency's Quality Policy
and Procedure) are met.
If an EPA organization is using a customized QARF and not the QARF in the EPA
Acquisition Guide (EPAAG) 7.1.1.5.5.L.3, Appendix 46.2.1-D, the customized form
shall be included in the organization's QMP and approved as per 6.A.4. of this
standard.
Non-EPA Organizations
Non-EPA organizations shall describe or reference their procurement processes
including roles and responsibilities for ensuring that sub-contractors assigned to
perform environmental information operations by the responsible non-EPA
organization comply with all quality requirements as specified in the EPA
extramural agreements.
14. Document and Record Processes
In general, the QMP shall describe (or provide a reference to) the document and
record processes for all planning documents (e.g., QAPPs, QMPs, SOPs, etc.)
that are prepared, reviewed, approved, issued, used, revised, tracked, and
verified. The QMP shall also describe how record management requirements are
met, including the responsibilities and authorities of management and staff.
Specifically:
• quality-related documents and records requiring management and control
shall be identified,
• EPA Record retention schedules shall be referenced,
• program regulations, contract and agreement records requirements shall be
referenced for all environmental information operations,
• processes for handling quality-related documents and records to ensure their
accessibility, protection from damage and deterioration, and means of
retention, including discussion of the roles and responsibilities for
management and staff,
• measures for controlling the release, change, and use of planning documents
and records including descriptions of how technical guidance and planning
documents (e.g., QAPPs, QMPs, SOPs, etc.) are prepared, reviewed,
approved, issued, used, revised, tracked, and verified,
• processes and procedures ensuring compliance with all statutory, contractual,
and assistance agreement requirements for records from environmental
programs and that provides adequate preservation of key records necessary
to support the mission of the organization, and
• procedures for establishing and implementing applicable chain of custody and
confidentiality procedures for evidentiary records.
The QMP shall describe how documents and records, including revisions, are
reviewed for conformance with new requirements and with the terms and
conditions of extramural agreements, and are approved by authorized personnel
before general use.
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The QMP shall describe or provide a reference to the management process that
ensures that documents and records accurately reflect completed work and/or
fulfill statutory and contractual requirements, including any specific record keeping
requirements defined in applicable EPA policies, procedures, standards, or
regulations. The maintenance of records includes defining requirements and
responsibilities for record transmittal, distribution, retention, retention schedules,
protection, preservation, traceability, disposition, and retrieval.
The QMP shall identify or reference the accomplishment for disposing of quality-
related records, in accordance with regulatory requirements or schedules.
15. Plan, Do, Check, Act (PDCA) Quality Model
The PDCA Quality Model is an iterative four-step approach for managing,
planning, implementing, and administering continual improvement over the
lifecycle of environmental information operations.
a. P/an
The QMP shall describe (or reference SOPs that describe) the processes for
determining systematic planning and the development of acceptance or
performance criteria to perform environmental information operations.
Organizations shall document the use of a systematic planning process for
environmental information operations that is based on the scientific method. The
planning process shall be based on a common sense, graded approach to ensure
that the level of detail in planning is in accordance with the intended use and the
degree of confidence needed in the quality of the results.
Elements of the systematic planning approach that shall be documented include:
identification and involvement of the project manager, sponsoring organization
and responsible official, project personnel, stakeholders, scientific experts, etc.;
description of the project goal, objectives, and questions and issues to be
addressed; identification of project schedule, resources (including budget),
milestones, and any applicable requirements (e.g., regulatory requirements,
contractual requirements); identification of the type of information needed and how
the information will be used to support the project's objectives; determination of
the quantity of information needed and specification of performance criteria for
measuring quality; description of how, when, and where the information will be
obtained (including existing information) and identification of any constraints on
information collection; specification of needed QA and QC activities to assess the
quality performance criteria (e.g., QC samples for both the field and laboratory,
audits, technical assessments, performance evaluations, sensitivity analysis of
models, etc.); and a description of how the acquired information will be analyzed,
evaluated (i.e., QA review, validation, verification), and assessed against its
intended use and the quality performance criteria.
Acquired information includes environmental information obtained from sources
that used an EPA-approved QAPP as well as from sources that did not use an
EPA-approved QAPP. Project specifics shall be included in the QAPP.
The QMP shall describe the QAPP planning and documentation process including
organization-specific requirements by project-type.
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b. Do Implementationl
TCEQ CONTRACT 582-26-00132
The QMP shall address and include processes for how the organization will
implement the work processes to ensure that environmental information is of
known and documented quality, scientifically valid, legally defensible, and
appropriate for the intended use.
This description shall address and include general processes for:
• documentation of implementation procedures (e.g., reference methods,
SOPs).
• testing and evaluation of procedures to confirm their acceptable performance.
• the work being performed according to approved plans.
• deviations and waivers from approved procedures.
• use of ineasurement and testing equipment and models.
• use of environmental information obtained from other sources.
• the integrity of samples and environmental information; and
• performance monitoring.
The QMP shall describe how appropriate management controls for the release,
change, and use of implementation of quality program documentation. Such
management controls provide for the necessary approvals, specific times, and
points for implementing changes, removal of obsolete documentation from work
areas, and verification that the changes are made as prescribed.
The QMP shall contain the organization's process for identifying the need for
procedures and controlled documents (e.g., SOPs, checklists, templates, forms,
etc.), the process for developing SOPs, and the procedures for using SOPs. The
QMP shall also describe the process by which SOPs are reviewed for initial and
subsequent use, approved, distributed, revised, and rescinded.
c. Check fAssessment and Oversiahtl
The QMP shall describe the management commitment and approach to assessing
its Quality Program. The process(es) for assessments may be in the QMP and/or
in referenced SOPs that are readily available. Assessments shall be planned,
conducted, and documented at least annually to provide information on the
effectiveness of the Quality Program. Assessment/audit tools include but are not
limited to data quality assessments; quality program assessments; Quality
Program Management Reviews; peer, technical, and readiness reviews;
performance evaluations; technical system audits; laboratory competency
assessments; and surveillances. The organization shall base assessment findings
on objective evidence and shall retain the documented information as part of
quality records.
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Personnel conducting assessments shall be qualified, based on project-specific
requirements, to perform the assigned assessment. Management is responsible
for choosing the assessors, defining acceptance criteria, approving
assessment/audit procedures and checklists, and identifying goals prior to
initiation of an assessment/audit. Assessors shall be technically knowledgeable
with no real or perceived conflict of interest. If the assessors are chosen from
within the organization, they must have no direct involvement or responsibility for
the work being assessed, except for self-assessments.
Assessments of the Quality Program shall be planned, conducted, and
documented to assess its effectiveness, institute improvements, and demonstrate
senior managemenYs commitment to implementation of the Quality Program in
accordance with the procedures described in the organization's QMP. Annually,
senior management or as delegated, shall review, assure, and document the
organization's Quality Program to confirm its continuing suitability, adequacy, and
effectiveness. The QMP shall describe the management review process to include
delegation; the status of actions from previous management reviews, changes in
external and internal issues that are relevant to the Quality Program; information
on Quality Program performance, including trends in nonconformities and
corrective actions, assessment results, and opportunities for improvement; and
suitability of internal processes and SOPs.
The outputs of the management review shall include decisions related to continual
improvement opportunities and any need for changes to the Quality Program. The
organization shall retain documented information as evidence of the results of
management reviews. This documentation will also serve as evidence that
management executed their due diligence responsibilities and have assured the
data used in their environmental information operations products and services are
of appropriate quality.
EPA Organizations
The QMP shall describe:
• oversight activities of QMPs approved by their organization (e.g., state, tribal,
contractor, federal partner, etc.).
• conditions under which a"stop work" order may be needed and when and
how authority for such decisions shall be made.
• frequency of assessments.
• how and by whom assessments of environmental information operations
programs are planned, conducted, evaluated, and documented.
• processes by which management in conjunction with the QAM chooses an
assessment tool for use and performance including performance measures,
and the expected frequency of their application to environmental information
operations.
• processes for the planning, scheduling, response to changes, and
implementation of assessments.
• responsibilities, levels of participation, and authorities for all personnel
participating in the assessment/audit process.
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• how personnel conducting assessments shall have sufficient authority, access
to programs and managers, access to documents and records, and
organizational freedom to:
o identify quality issues,
o identify and cite noteworthy practices that may be shared with
others improve the quality of their operations products and
services,
o propose recommendations for resolving quality issues, and
o independently confirm implementation and effectiveness of
solutions.
• how the level of competence, experience, and training necessary to ensure
the capability of personnel conducting assessments are determined.
• how, when, and by whom actions shall be taken in response to the findings of
the assessment/audit, and how the effectiveness of the response shall be
determined.
• roles and responsibilities of management and staff for documenting, reporting,
and reviewing assessment results.
• type of assessment findings (e.g., conformance, nonconformance, opportunity
for improvement, commendation) that may be used and the appropriate
response to each one.
Non-EPA Organizations
The QMP shall describe:
• assessment frequency.
• how and by whom assessments of environmental information operations are
planned, conducted, evaluated, and documented.
• processes by which management in conjunction with the QAM chooses an
assessment tool including performance measures, and the expected
frequency of their application to environmental information operations.
• routine oversight activities of sub-organization QMPs, if applicable.
• processes for the planning, scheduling, response to changes, and
implementation of assessments.
• responsibilities, levels of participation, and authorities for all personnel and
staff participating in the assessment/audit process.
• how personnel conducting assessments shall have sufficient authority, access
to programs and managers, access to documents and records, and
organizational freedom to:
o identify quality issues.
o identify and cite noteworthy practices that may be shared with others
to improve the quality of their operations products and services.
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o propose recommendations for resolving quality issues.
o independently confirm implementation and effectiveness of solutions.
• how the level of competence, experience, and training necessary to ensure
the capability of personnel conducting assessments are determined.
• how, when, and by whom actions shall be taken in response to the findings of
the assessment/audit and determine the effectiveness of the response.
• roles and responsibilities of management and staff for documenting, reporting,
and reviewing assessment results.
• type of assessment findings (e.g., conformance, nonconformance, opportunity
for improvement, commendation) that may be used and the appropriate
response to each one.
d. Act (Corrective Actions and Imarovements)
The QMP shall:
• Describe or reference how corrective actions and improvements will be
performed.
• Describe or reference how management shall respond to the results, non-
conformances, findings, corrective actions, recommendations, etc., from
assessments in a timely manner.
• Describe how the appropriate response shall be promptly made when
conditions needing corrective action are identified. Corrective actions shall
include the identification of root causes of problems, the determination of
whether the problem is unique or has systemic implications, and action(s) to
prevent recurrence.
• Indicate how follow-up actions for corrective actions shall be taken and
documented to confirm the implementation and effectiveness of the response
action. In addition, processes for identifying and correcting common non-
conformances found in different parts of the organization will be described to
ensure continual improvement.
16. Dispute Resolution Process
The QMP shall describe provisions for dispute resolution to include technical and
management program disputes. The QMP shall describe or reference the
organization's dispute resolution process to address issues pertaining to quality
such as QMP requirements, QA and QC procedures, non-conformances, findings,
and corrective actions. The QMP shall also describe how disputes, if encountered,
because of assessments are addressed and by whom.
17. Continual Improvement
The QMP shall describe how the organization will continually improve its Quality
Program including how staff at all levels are encouraged to identify and establish
communications, identify process improvement opportunities, and identify issues.
The QMP shall identify who (organizationally) is responsible for identifying,
planning, implementing, and evaluating the effectiveness of quality improvement
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activities and describe the process to ensure continual improvement, including the
roles and responsibilities of management and staff.
18. Data Review, Validation and Verification, and Data Usability Reporting
The QMP shall describe or reference general processes on how the organization
conducts reviews, validation, and verification of environmental information
operations and for data usability reporting, including the responsibilities and
authorities of management and staff. Specific project information shall be included
in the QAPP.
This general description shall address the organizational processes for:
• review of results involving environmental information to confirm that technical
and quality objectives were met, including management and staff roles and
responsibilities;
• review of environmental information of undocumented quality for potential use;
review of environmental information collected previously for other purposes
but being considered for new use; and
• planning, implementing, and resolving peer review considerations.
7. ROLES AND RESPONSIBILITIES
EPA Administrator: Promotes and ensures quality is an integral part of the Agency's
mission by assuring that environmental information operations supporting EPA's programs
and activities are of known and documented quality, scientifically valid, legally defensible,
and appropriate for the intended use. The Administrator may re-delegate the
responsibilities for this Standard to AA and RAs.
Assistant Administrators (AA) and Regional Administrators (RA): Each AA and RA is
responsible for the following QA activities:
• Implementing this Standard in the context of the organization's specific mission;
• Ensuring that adequate resources are devoted to QA activities to ensure compliance
with EPA's QA directives, to support the organization's mission and to fully implement
the organization's approved QMP;
• Ensuring that the organization's QMP includes activities that will help assure the
quality of the information the organization collects, manages, or uses in carrying out its
mission;
• Providing reasonable assurance and certifying annually to the CIO/DAA that their
organization has implemented the Quality Policy and have internal controls in place to
ensure that environmental information produced and utilized is of known and
documented quality for the intended use. Provide this certification along with the
organization's QA annual report to the EQMD. The AA/RA may re-delegate the
responsibilities for certification to the appropriate manager or supervisor; and
• Promoting continual improvement in QA activities across the organization.
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Office of Mission Support (OMS), Chief information Officer (CIO) and Deputy
Assistant Administrator for Environmental Information): Acts as the EPA Senior
Management Official for quality management and leads Agency-wide implementation of
this Standard and EPA's Quality Program. Informs AAs, RAs, and the CIO Strategic
Advisory Council (SAC) of any issues related to the quality of Agency environmental
information and environmental information operations encompassed by this Standard.
Chief Information Officer's (CIO's) Strategic Advisory Council (SAC): Consisting of
Senior Information Officials (SIOs) and other senior managers, the SAC advises and
reports to the DAA/CIO on Agency-wide environmental information operations. The SAC
serves as a forum to discuss coordination of cross-cutting Agency quality-related issues.
Senior Information Officials (SIOs): Oversee effective implementation, coordination, and
management of the organization's Quality Program for environmental information
operations. Located in each Program Office and Region, SIOs report to the Agency
DAA/CIO on quality-related issues.
National Program Office Directors: Provide Program direction to the Regional Program
Office Directors on National Program Office QA guidance.
Mission Support Division Directors: Manage issues related to information technology
and information management (IT/IM). Support the Region's Quality Program and
coordinate with Laboratory Services and Applied Science Division Directors (LSASDDs).
Laboratory Services and Applied Science Division Directors (LSASDDs):
Serve as Director of a Regional Division with oversight of the Regional Quality Program
through direct management oversight of the Regional QA personnel including the
Regional QAM. Through this oversight the LSASDD ensures conformance with this
Standard and Regional QMPs.
Science and Technology Policy Council (STPC): Serves as a mechanism for
addressing EPA's science policy issues that go beyond regional and program boundaries,
with a goal of integrating policies that guide Agency decision-makers on their use of
scientific and technical information. The STPC is an executive level council that is chaired
by the Agency Science Advisor, and provides a venue for identifying, coordinating, and,
when appropriate, establishing consensus for high priority, cross-agency science and
technology policy issues to assist Programs and Regions. It focuses on issues that require
high-level action and are relevant to the Programs Offices and Regions (such as: Peer
Review, Public Access, and Risk Assessment).
Office of General Counsel and Offices of Regional Counsel: Provide legal advice on
issues related to environmental information operations.
OMS, Environmental Information Office of Enterprise Information Programs (OEIP)
and Enterprise Quality Management Division (EQMD) Directors: Serve as Office and
Division Directors respectively and are responsible for oversight of the Agency's Quality
Program. Execute actions on behalf of the DAA/CIO according to Delegation 1-41.
Mandatory Quality Program.
EPA Quality Assurance Managers (QAMs) or designee: Have delegated authority for
the management of the Quality Program as described in their organization's QMP. The
QAM roles and responsibilities serve as a reference to assist the QAM in identifying
activities and best practices. These activities and best practices are applicable to their
organizations and may assist in continual improvement. These activities are not provided
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as performance measures for the organization but may be used to guide the QAM in
discussion with management on their roles and expectations for implementing this
Standard. These roles and responsibilities focus on managing quality for environmental
information and technology programs.
Agency Personnel: Perform work associated with environmental information operations
as identified in their organization's QMP.
Recipients of Extramural Agreements: Perform all environmental information operations
in accordance with this Standard's requirements as defined by federal laws, regulations,
and as defined in their extramural agreements. The agreement terms and conditions may
also specify applicability of the EPA lead organization's QMP.
8. RELATED INFORMATION
This section provides references to standards, directives, policies, and guidance that are
integral to establishing procedures and processes for a Quality Program. Within the QMP,
if applicable, describe implementation of these references as part of a Quality Program,
see Section 6.A.1. GENERAL CONTENT. These citations are valid at the time of issuance
of this Standard. Since these documents are subject to periodic review, users of this
Standard should refer to the most recent version. These references can also be located at
www. epa. aov/a ual itv.
• ASQ/ANSI E4: 2014 (R2019) Quality management systems for environmental
information and technology programs—Requirements with guidance for use
• Environmental Information Quality Policy
• Environmental Information Quality Procedure
• EPA QA/R-5. EPA Reauirements for Qualitv Assurance Proiect Plans
• CIO 2105-P-02.0 EPA QA Field Activities Procedure
• CIO 2105-P-03.0 C/O Notification Procedure for Environmental Data Qualitv Issues
• Guidelines for Ensurinq and Maximizina the Qualitv. Obiectivitv. Utilitv, and Intearitv of
Information Disseminated bv the Environmental Protection Aaencv
• U.S. EPA Scientific Inteqritv Policv
• U.S. EPA Peer Review Handbook
• Enterprise Architecture Policv
• Data Standards Policv
• CIO 2137.1 Unmanned Aircraft Svstems (UAS) Policv
• EPA CIO 2122-P-03.1 Enterprise Architecture IT Standards Procedure
• EPA CIO 2104.3 IT/IM Directive Policv Software Manaaement and Piracv Policv
• EPA CIO 2104-P-01.2 Software Manaaement and Piracv Procedure
• National Technoloav Transfer and Advancement Act. (PL 104-1131
• Clinper-Cohen Act of 1996 (PL 104-106)
• 1-41. Mandatory Qualitv Proaram Deleaation 1200 TN 496 1-41
• Office of Manaaement and Budqet Circular A-130. Manaainp Information as a
Strateaic Resource
• 40 CFR Part 49: Tribal Authoritv Rule
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9. DEFINITIONS
TCEQ CONTRACT 582-26-00132
While this Standard uses multiple sources as the foundation for the terms defined,
ASQ/ANSI E4 (R2019), and the Quality Policy and Procedure served as primary
references. The intent of this Standard is to ensure consistency with these primary
references and modifications are made where necessary to be applicable to the Agency.
Assessment—The evaluation process used to measure the performance or effectiveness
of a system and its elements. As used here, assessment is an all-inclusive term used to
denote any of the following: audit, performance evaluation, management review, peer
review, inspection, surveillance, or readiness review (including competency assessment,
pre-award assessment of proposal, or technical assessment), peer consultation, product
review (e.g., data inspection, software testing, pre-dissemination review, or review of
contractor deliverables).
Audit A systematic and independent examination to determine whether quality activities
and related results comply with documented planned arrangements and whether these
arrangements are implemented effectively and are suitable to achieve objectives.
Consensus Standards—Standards that are developed and adopted by achieving
agreement with all affected parties. These standards are developed in accordance with
procedures used by the International Organization for Standardization or organizations
accredited by the ANSI.
Data—A quantitative or qualitative representation of values, facts, observations, or ideas in
a formalized manner capable of being transmitted, processed, stored, analyzed, interpreted,
and/or communicated by some process, whether on paper or in electronic form.
• Qualitative data—is descriptive.
• Quantitative data—is numerical.
• Primary data—are data observed, collected, stored, or generated directly for a
specific purpose.
• Existing data—are data that have been collected, derived, stored, or reported in
the past or by other parties (for a different purpose and/or using different methods
and quality criteria). Sometimes referred to as data from other sources.
• Metadata— Metadata is structured information that describes, explains, locates,
or otherwise makes it easier to retrieve, use, or manage an information resource.
Data Standard—Documented consensus-based agreement on the format and definition
of common data.
Environmental Information—Includes data and information that describe environmental
processes or conditions which support EPA's mission of protecting human health and the
environment. Examples include but are not limited to:
• direct measurements of environmental parameters or processes.
• analytical testing results of environmental conditions (e.g., geophysical, or
hydrological conditions).
• information on physical parameters or processes collected using environmental
technologies.
• calculations or analyses of environmental information.
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• information provided by models.
TCEQ CONTRACT 582-26-00132
• information compiled or obtained from databases, software applications, decision
support tools, websites, existing literature, and other sources.
• development of environmental software, tools, models, methods, and applications;
and
• design, construction, and operation or application of environmental technology.
Environmental Information Operations—A collective term for work performed to collect,
produce, evaluate, or use environmental information and the design, construction,
operation or application of environmental technology.
Environmental Measurement—A subgroup of Environmental Information that includes or
produces values derived from tools, instruments, observational results, laboratory
operations on environmental samples, or other sampling and testing equipment. It is any
data collection activity or investigation involving the assessment of chemical, physical, or
biological factors in the environment which affect human health and the environment.
Environmental Processes—Manufactured or natural processes that produce discharges
or that impact human health and the environment.
Environmental Programs—Work or activities involving the environment, including but not
limited to, characterization of environmental processes and conditions; environmental
monitoring; environmental research and development; the design, construction, operation,
or application of environmental technologies; and laboratory operations on environmental
samples.
Environmental Technology—An all-inclusive term for systems, devices, and their
components applicable to both hardware and methods or techniques that measure and/or
remove pollutants or contaminants and/or prevent them from entering the environment.
Examples include but are not limited to:
• Pollution prevention: measurement, monitoring, reduction, control, and/or
treatment processes; such as wet scrubbers (air), granulated activated carbon
unit(water), filtration (air, water).
• Contamination: containment to prevent further movement of the contaminants,
such as capping, and solidification or vitrification, and biological treatment.
• Storage containers, methods, or facilities, such as drums, tanks, and pond or
lagoon.
• Remediation processes and their components, and/or technologies; such as
contaminant removal and replacement with backfill, soil washing (soil), pump and
treatment, soil vapor extraction (soil), land farming and other bioremediation
processes.
For the purpose of this procedure, Environmental Technology does not include or
incorporate QA associated with the development and design of IT systems.
Extramural Agreement—A legal agreement between EPA and a non-EPA organization.
Such agreements include but are not limited to contracts, work assignments, delivery
orders, task orders, cooperative agreements, research grants, state and local grants, and
EPA-funded interagency agreements and as negotiated in other agreements not funded
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by EPA. Refer to the Quality Procedure, for additional details related to QA documentation
associated with extramural agreements.
Graded Approach—The process of determining the level of detail for management
controls to be applied to an activity according to the intended use and the degree of
confidence needed in the quality of the results. This approach establishes the QA and QC
requirements commensurate with the importance of the work, the available resources, and
the unique needs of the organization.
Intergovernmental—Between the EPA and international, other federal, state, tribal,
territorial, area-wide, regional, or local governments and agencies.
Management System—A management system may describe the polices, objectives,
principles, organizational authority, responsibilities, accountability, and implementation
plan of an organization.
Organization—An EPA organization is an office, region, national center, or laboratory. An
external organization is a state, tribe, agency or other government entity, academia,
company, corporation, firm, enterprise, or institution, or part thereof, whether incorporated
or not, public, or private, that has its own functions and administration.
Primary Quality Assurance Organization (PQAO) — A monitoring organization, a group
of monitoring organizations or other organization that is responsible for a set of stations
that monitor the same pollutant and for which data quality assessments can be pooled.
Each criteria pollutant sampler/monitor at a monitoring station must be associated with
only one PQAO.
Process—A set of interrelated resources and activities which transforms inputs into
outputs. Examples of processes include analysis, design, data collection, operation,
fabrication, and calculation.
Product The intended result or final output of an activity or process that is disseminated
or distributed among EPA organizations or outside of EPA.
Quality—The totality of processes, procedures, features, and characteristics of a product
or service that bear on its ability to meet the stated or implied needs and expectations of
the user.
Quality Assurance (QA)—Management of an integrated system of activities involving
planning, implementation, documentation, assessment, reporting, and quality
improvement to ensure that a process, item, or service is of the type and quality needed
and expected by the organization.
Quality Assurance Manager (QAM�The individual designated as the principal manager
within the organization having oversight authority and responsibilities for planning,
documenting, coordinating, and assessing the effectiveness of the Quality Program for the
organization.
Quality Assurance Project Plan (QAPP)—A planning document related to a project that
describes in comprehensive detail the necessary QA/QC requirements and other technical
activities that must be implemented to ensure that the results of the work performed will
satisfy the stated performance and acceptance criteria.
Quality Assurance Review Form (QARF)— An internal EPA form that describes QA
requirements for contracts and documents the review and approval by the QAM. This
document must be included with all contract packages involving either new work or a
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significant change. Actions that do not affect the work performed by the contractor (e.g.,
incremental funding or time extensions, do not require a QA Review Form). Exceptions to
the requirement for use of this form are described in EPA contracting guidance and are
subject to approval by the organization authorized to execute actions on behalf of the
DAA/CIO according to Delegation 1-41. Mandatory Quality Program.
Quality Control (QC)—The overall system of technical activities that measures the
attributes and performance of a process, item, or service against defined standards to
verify that they meet the stated requirements; operational techniques and activities that
are used to fulfill requirements for quality.
Quality Management—The aspects of the organization's overall management system
that drive the implementation of an organization's Quality Program. Quality Management
includes strategic planning, allocation of resources, and other systematic activities (e.g.,
planning, implementation, documentation, and assessment) pertaining to an organization's
Quality Program.
Quality Management Plan (QMP) — A formal document that describes a Quality
Program in terms of the organizational structure, functional responsibilities of management
and staff, lines of authority, and required interfaces for those planning, implementing, and
assessing all activities conducted.
Quality Program—The totality of management controls, processes, and documentation in
EPA's planning, implementation, and assessment for ensuring the quality of Agency
environmental information operations products and services.
10. WAIVERS
Statutory requirements for quality may supersede the specifications in this Standard or be
more rigorous. In such cases, affected programs shall be exempt from the requirements of
this Standard. EPA organizations conducting exempted activities shall comply with the
Quality Policy and Procedure in all other respects. The following exemptions from these
requirements apply:
• The collection of environmental data under the authority of Good Laboratory Practices
as defined by 40 CFR 792, for the Toxic Substances Control Act.
• The collection of environmental data under the authority of Good Laboratory Practices
as defined by 40 CFR 160, for the Federal Insecticide, Fungicide, and Rodenticide
Act.
11. MATERIAL SUPERSEDED
• EPA Reauirements for Qualitv Manaaement Plans (EPA QA/R-2, March 2001)
• Guidance for Developina Qualitv Svstems for Environmenta/ Proarams (EPA QA/G-1,
November 2002)
• Guidance for Develoaina a Trainina Proaram for Qualitv Svstems (EPA QA/G-10
December 2000)
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12. CONTACTS
TCEQ CONTRACT 582-26-00132
For information about this Standard or the Quality Program, please contact the Office of
Mission Support, Environmental Information, Office of Enterprise Information Programs,
Enterprise Quality Management Division, or email quality@epa.gov.
VAUGHN
NOGA
Digitally signed by VAUGHN
NOGA
Date: 2023.01.17 07:35:19
-05'00'
Vaughn Noga
Deputy Assistant Administrator for Environmental Information
and Chief lnformation Officer
U.S. Environmental Protection Agency
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APPENDIX A:
ACRONYMS & ABBREVIATIONS
AA
ANSI
ASQ
CFR
CIO
DAA
EPA
EPAAG
EQMD
FY
IM
IT
LSASDD
MOU
OEIP
OMS
PL
PQAO
QA
QAFAP
QAM
QAPP
QARF
QC
QMP
RA
SAC
SIO
SOP
STPC
USC
TCEQ CONTRACT 582-26-00132
Assistant Administrator
American National Standards Institute
American Society for Quality
Code of Federal Regulations
Chief Information Officer
Deputy Assistant Administrator
Environmental Protection Agency
EPA Acquisition Guide
Enterprise Quality Management Division
Fiscal Year
Information Management
Information Technology
Laboratory Services and Applied Science Division Director
Memorandum of Understanding
Office of Enterprise Information Programs
Office of Mission Support
Public Law
Primary Quality Assurance Organization
Quality Assurance
Quality Assurance Field Activities Procedure
Quality Assurance Manager
Quality Assurance Project Plan
Quality Assurance Review Form
Quality Control
Quality Management Plan
Regional Administrator
Strategic Advisory Council
Senior Information Official
Standard Operating Procedure
Science and Technology Policy Council
United States Code
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HUB Progress Assessment Report (PAR)
Form & Instructions
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(al)
TCEQ CONTRACT �82-26-00132
Progress Assessment Report (PAR) Form -
Checklist and Fields Location
PAR Field Name and
Location
Contract/Requisition
Number
(a2) Work Order Number In the same Contract/Requisition Number Field,
and Invoice Number enter the Work Order number (example 228-0123)
and Invoice Number.
(b) Date of Award Awarded Contract date.
(c) Object Code A Contract is assigned to a COBJ. TCEQ Program
(Comptroller Object Area Contract Manager or Contract Support Team
Code) must provide the COBJ to the Prime to enter on
the PAR.
(d) Contracting
Agency/LTniversity
Name
(e)
(�
�g)
(h)
(i)
Contractor
(Company) Name
State of Texas VID#
Point of Contact
Field Description
Contract Number. For example: 582-24-xx�.
This field should list "Texas Commission on
Environmental Quality". Note: TCEQ is acceptable.
Company name as stated in the contract (Prime
Contractor).
Prime Contractor Vendor ldentification Number
(VID).
Prime company's representative
Phone# Prime Contractor's point of contact phone
number starting with area code (�-yyy-zzzz) or
1-800 number.
Reporting (month) Enter invoice service period. Note: This field is
Period different for all state agencies. At TCEQ some
Divisions report the reporting period by month
(example: March 2023). If that is how it is listed
on the invoice, then this is acceptable. If the
invoice states, Month/Date/Year thru
Month/Date/Year, then the same reporting dates
must be provided on the PAR.
Data
Provided
on the
PAR?
Yes/No
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(j) Total Amount Paid Include lump sum (including Retainage amount)
this Reporting Period of all totals paid to Prime Contractor and all sub-
to Contractor contracting for this invoice period. This should
equal the amount of the prime contractor's
invoice.
(kla) Subcontractor's name List all your subcontractors. This will include all
HUB and non-HUB subcontractors listed on the
HUB Subcontracting Plan (HSP).
(klb) Non-HSP Purchasing Write in the title "Non-HSP Vendors" towards the
$5,000 bottom on the form and list all non-HSP vendor
purchases under $ 5,000.00 threshold during the
term of the contract. TCEQ internal policy: Prime
Contractors are allowed to make small purchases
of $ 5,000 or less per vendor for the duration of a
contract without obtaining prior approval from
TCEQ.
(k2) Subcontractor VID# For certified HUB vendors use the Centralized
Master Bidders List (CMBL) - State of Texas VID
number. Non-HUB subcontractors/vendors use
the State of Texas VID number or Federal Tax
Identification number.
httns://mvcna.cna.state.tx.us/coa/
httbs://mvcba.cua.state.tx.us/staxnaversearch/le�alNameSe
arch.do
Important: Do not include Social Security
Numbers.
(1) Texas Certified HUB? This is the sub's HUB status. Enter "YES" if the
(Yes or No) subcontractor is an Active Texas HUB and "NO" if
subcontractor in a non-HUB. You can find this
information on the Centralized Master Bidders
List (CMBL).
(m) Total Contract $
Amount from HSP
with Subcontractor
(n) Total $ Amount Paid
This Reporting Period
to Subcontractor
Enter the amount stated on HSP for
subcontractor. If a percentage was provided
multiply the percentage stated with the contract
amount. This amount will be the same throughout
the life of the contract unless an amendment has
taken place.
Enter the subcontractors' payment amount for
subcontractors for this reporting period.
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(o) Total Contract $
Amount Paid to Date
to Subcontractor
TCEQ CONTRACT 582-26-00132
Enter the total amount paid to the subcontractor
from the initiation of this contract.
(p) Object Code This field is located next to the Total Contract $
Amount Paid to Date to Subcontractor. Prime can
leave this blank; agency to fill-in. Note: It is
acceptable if the agency leaves this field blank, as
the COBJ is already listed on the top/right side of
the PAR.
(q) Contractor's
Signature
Notes:
Contractor's Signature, Title, and Date.
✓ PAR is a condition of payment.
✓ PAR submission is required regardless of whether a subcontractor has received
payment. If the Prime has not used a subcontractor during that reporting
period, a PAR must be submitted with their invoice as $0.00 subcontracting
payment.
✓ The agency can decide what we consider to be non-compliant, including
reporting incomplete or inaccurate PAR data.
✓ 34 TAC, Rule �20.285 - The state agency shall document the contractor's
performance in the contract file. To determine if the contractor is complying
with the HUB subcontracting plan, the state agency may consider the following:
whether the contractor gave timely notice to the subcontractor regarding the
time and place of the subcontracted work; whether the contractor facilitated
access to the resources needed to complete the work; and any other
information the state agency considers relevant.
Page 98 of 9�J
CITY OF FORT WORTH - 105 TCEQ CONTRACT 582-26-00132
�E � HUB Subcontracting Plan (HSP) Rev.10/16
, ;���.�,
'� ;s�
��-' `��"
���__ �� Prime Contractor Progress Assessment Report
Contract/Requisition Number:
Contracting Agency/University Name:
Contractor (Company) Name: �e%
Point of Contact: �g�
Reporting (Month) Period:
(a1) and (a2) Date of Award: �b� Object Code: �C�
(d)
State of Texas VID: �f%
Phone #: (h)
Total Amount Paid this Reporting
�I� Period to Contractor: �J�
Report HUB and Non-HUB subcontractor information
When verifying subcontractors' HUB status, ensure that you use the State of Texas' Centralized Master Bidders List (CMBL) - Historically Underutilizec
(HUB) Directory Search located: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do HUB status Code "A" signifies that the company is a
Texas certified HUB.
(k1a)
Subcontractor's Name
Texas VID or Federal Contract $ Total
Texas EIN. Do not enter Amount Contract $
certifie Social Security from HSP Total $ Amount Amount Paid
d HUB Numbers. If you do with Paid this Reporting to Date to
(Yes or not know their Subcontract Period to Subcontract
No) VID/EIN leave blank. or Subcontractor or
(I) (k2) (m) (n) (o)
Code
v Use
(k1b) - Non-HSP Vendors
�p)
. . $0.00 $0.00 $0.00 -
Signature: �Cj) Title: �Cj) Date: �Cj)
Page 99 of 9�J
COiVTRACT COMPLIA�VCE MANAGER:
By signing this document, I acknowledge that f am the person responsible for the monitaring
and administratian of this contract, including ensuring all performar��e and reporting
requirements.
ANTHONY WILLIAMS �
NAM E
SIGNATIJRE
ENVIRONMENTAL SUPERVISOR
i�����
c�ty of Fort wortn,
Mayor and
Texas
Council Communication
DATE: 09/16/25 M8�C FILE NUMBER: M&C 25-0881
LOG NAME: 22TCEQ PM 10 CONTRACT FY2026/FY2027
SUBJECT
(ALL) Authorize Execution of the Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in
an Amount Up to $124,800.00 for Ambient Air Monitoring Operations, Authorize the Transfer of Cash Match from the Environmental Protection
Fund in an Amount Up to $61,468.66, and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of the Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in
an amount up to $124,800.00 for ambient air monitoring operations for the two-year term starting September 1, 2025 through August 31,
2027;
2. Apply an indirect cost rate of 10.00 percent (10%), an estimated amount up to $4,500.00 per year for a two-year term, in accordance with the
terms of the Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, in an
amount up to (1) $124,800.00, subject to the receipt of the contract, and (2) $61,468.66 as a transfer from the Environmental Protection Fund
to satisfy the City's match requirement, totaling $186,268.66, for the purpose of funding ambient air monitoring operations.
DISCUSSION:
The City of Fort Worth (City) operates a comprehensive air quality program with the Texas Commission on Environmental Quality (TCEQ), under
three separate, but related contracts. This local air program benefits the City by ensuring that facilities are in compliance with air quality
regulations and by supporting data collection for air pollutants. Among the three contracts, this contract is partially-funded by the U.S
Environmental Protection Agency (US EPA) through its Section 105 Grant Program, administered by the TCEQ. EPA Section 105 Grant Funds
have been received annually by the City for the Air Pollution Control Program in cooperation with TCEQ to maintain and operate various ambient
air monitoring stations.
This contract specifically supports a portion of a regional, regulatory ambient air pollution monitoring network. This includes daily monitoring of
ozone, oxides of nitrogen, carbon monoxide, solar radiation, and meteorological data. Upon approval, this contract will continue to support City of
Fort Worth operations for local Continuous Air Monitoring Stations. Activities include air pollutant monitoring, calibration, operation, and regular
audit and maintenance activities for equipment under the terms of the contract. The TCEQ provides all air monitoring equipment and supplies for
the operation of the air monitoring sites. The contract period will be September 1, 2025, through August 31, 2027, with a maximum amount up
to $124,800.00 (67%) for reimbursement of expenses to the City. This contract has a local match of funds in an amount up to $61,468.66 (33°/a).
The match will be budgeted by the Environmental Services Department in the Environmental Protection Fund in the Fiscal Year 2026 and Fiscal
Year 2027 budgets. If these funds were to become unavailable the Environmental Services Department would be responsible for identifying
matching funds from other available sources.
Document
Initial Contract: (24-month
contract period: FY26 &
FY27)
M8C No. Approval Date Grant Amount Matching Total
Funds
PENDING PENDING $124,800.00 $61,468.66 $186,268.66
TOTAL: $186,268.66
This agreement covers the operation and maintenance of four Continuous Air Monitoring Stations as follows:
SITE NAME CAMS # LOCATION CONTAMINANT CYCLE
DETECTION
Ozone Continuous
Keller CAMS 10230 Alta Vista Road, Fort Worth, Solar Radiation Continuous
0017 Texas
Met Data
Continuous
Oxides of Nitrogen Continuous
Arlington Municipal
Airport
Ozone Continuous
CAMS 5504 South Collins Street, Arlington,
0061 Texas
Solar Radiation Continuous
Met Data
Ozone
Eagle Mountain Lake CAMS 14290 Morris Dido Newark Road, Solar Radiation
0075 Eagle Mountain, Texas
Met Data
CO
Continuous
Continuous
Continuous
Continuous
Continuous
Fort Worth California CAMS 1198 California Parkway North, Fort Oxides of Nitrogen Continuous
Parkway North 1053 Worth
Met Data Continuous
This agreement partially funds five authorized positions in the Environmental Services Department for air quality monitoring. Salary and Fringe, for
a portion of five full time employees, will be funded in an estimated amount up to $69,000.00 per year for two years. Indirect costs will be
recovered under this grant at a rate of 10% and estimated amount up to $4,500.00 per year for two years.
Position Authorized
Positions (AP)
Environmental Supervisor 0.10
Senior Environmental Specialist 0.05
Senior Environmental Specialist 0.02
Environmental Specialist 0.62
Environmental Specialist 0.01
TOTAL: 0.80
If these funds become unavailable, the Environmental Services Department would determine a transition plan to identify additional funding sources
such as Environmental Protection Fund (EPF) or suspend the progam.
No City funds will be expended before the contract is approved. Upon approval and acceptance of the grant and execution of the contract, City
funds will be expended before receipt of funds. There is no grant application repository number, as the Environmental Services Department does
not apply for these funds. Funding is based on the Contract between the City and TCEQ to operate the air quality monitoring program as stated
above.
This Agreement will serve ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: TCEQ
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, for the federal funds within the project. Upon adoption of the Operating Budgets
for Fiscal Year 2026 and Fiscal Year 2027 by the City Council, funds will be appropriated in the Operating Budget of the Environmental Protection
Fund to satisfy the City's match requirement. The Environmental Services 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 Environmental Services Department has the
responsibility to validate the availability of funds. This is a reimbursement agreement.
Submitted for Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Cody Whittenburg 5455
Additional Information Contact: Wyndie Turpen 6982
Julianne Ragland 7251
CONTRACT COMP�IAIVCE MANAGEit:
By signing this document, I acknowledge �hat I am the person responsi6le for the monitoring
and administration of this �or�tract, including ensuring all performance and reporting
requirements.
ANTHONY WILLIAMS �
NAM E
SIGNATURE
ENVIRONMENTAL SUPERVISOR
��rr��
F�RT��RTHo
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name
Texas Commission on Environmental Quality
Subject of the Agreement: Ambient Air Monitoring Operations - Section 105:
Supports a portion of a regional, regulatory ambient air pollution monitoring network.
This includes daily monitoring of ozone, oxides of nitrogen, carbon monoxide, solar radiation, and meteorological data.
M&C Approved by the Council? * Yes ❑✓ No ❑
If �so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If �so, provide the original contract number and the amendment number.
Is the Contract "PermanenY'? *Yes ❑ No 0
If �unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: September 1, 2025 Expiration Date: August 31, 2027
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑ No ❑✓
*If �so, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable. 106480
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.