Loading...
HomeMy WebLinkAbout066044 - General - Contract - Texas Commission on Environmental Quality (TCEQ)CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 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 - PM2.5 582-27-00034 City of Fort Worth CITY SECRETARY 17560005286 CONTRACT NO. 66044 $128,902.42 Effective Date: N 09/01/2026 ❑ Date of last signature Expiration Date: ® 08/31/2028 ❑ Last day of Fiscal Year in which the Contract was effective ❑ If checked, this Contract requires matching funds. Match Requirement: ® If checked, this Contract is funded with federal funds. Assistance Listing Number: 66.034 Federal Grant Number: PM -03F00201 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 (TCEQ), an agency of the State of Texas, and the named Performing Party, a state agency or local government of the State of Texas, enter this agreement (Contract) to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The Parties agree as follows: (a) to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing Party; (b) this Contract consists of all documents specified in the list of Contract Documents following this page; and (c) as authorized by TCEQ Performing Party will conduct contract activities as part of its own authorized governmental functions and TCEQ will reimburse allowable costs subject to the Texas Grant Management Standards (TxGMS) and this Contract. TCEQ reimbursements will be from current revenues available to TCEQ. Texas Commission on Environmental Quality Authorized Signature Brandy Brooks Printed Name Deputy Director, Air Monitoring Division Title 10/14/202(0 Date :5iE.��-2�t�iie2 C� ✓Cam'/i Cam►' cwt ✓� Procurements & Contracts Representative Stella Cisneros - CTCM, CTCD Printed Nane 10/14/2026 Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth (Performing Party) ✓a W4j—,1'l. Valerie Washington (Oct 12, 2026 10:24:06 CDT) Authorized Signature Ms. Valerie Washington Printed Name Assistant City Manager Title 10/12/2026 APPROVED AS TO FORM AND LEGALITY: M. Atdei ii M. Kevin Anders, II (Oct 12, 2026 09:16:44 CDT) Assistant City Attorney: Kevin Anders ATTEST: By: Janette Goodall City Secretary CC TEXAS COMMISSION ON Page 1 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 CONTRACT DOCUMENTS LIST 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 • Notices, Project Representatives and Records Locations • Attachment A - Release of Claims • Attachment B - Budget Revision Request (BRR) • Attachment C - Personnel Eligibility List (PEL) • Attachment D - Level -of -Effort Certification • Attachment E - Financial Status Report (FSR) TEXAS COMMISSION ON Page 2 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 T TCEQ CON RACT: 582-27-00034 SPECIAL TERMS AND CONDITIONS TEXAS COMMISSION ON Page 3 of 62 ENVIRON NTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 SPECIAL TERMS AND CONDITIONS 1. The Term of the Contract shall commence on September 1, 2026, and continue through August 31, 2028. This Contract may be renewed for one, two-year period and one, one-year period upon mutual written agreement between both Parties. The same Contract requirements apply to a renewal period and any extension as apply to the Contract period. 2. The TCEQ, by unilateral amendment, may extend the Contract for up to 180 days beyond any expiration of the Contract Period. 3. Equipment provided by TCEQ to the Performing Party to satisfy the requirements of this contract must not be used to satisfy the requirements of any other contract or project with the express written approval of the TCEQ Air Monitoring Division. TEXAS COMMISSION ON Page 4 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 FEDERAL SECTION TEXAS COMMISSION ON Page 5 of 62 ENVIRONMENTAL QUA ITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 GRANT FEDERAL TERMS AND CONDITIONS This Contract is funded by a Federal Financial Assistance Aw rd from the United States Environmental Protection Agency (EPA). TCEQ's federal grant award is attached/available upon request. Any additional or modified federal funding conditions that arise during the Contract period are incorporated herein by reference. 2 V 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.gov/current/title-2/subtitle-A/chapter- II/part-200 • EPA's General Terms and Conditions, found at https://www.epa.gov/grants/grant- terms-and-conditions#general • The federal funding award • Federal 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 lX 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. 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: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 6 of 62 CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 "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 Environmental Protection Agency or TCEQ, nor does the Environmental 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 generative artificial intelligence tools, nor does any such content necessarily reflect the views and policies of the Environmental Protection Agency or TCEQ." Violating Facilities. The Performing Party certifies that is has not been convicted, and is not likely to be convicted, of any offense under section 7413(c) of the Clean Air Act (42 U.S.C. §7413(c)) or section 1319(c) of the Clean Water Act (33 U.S.C. §1319(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 11738. 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 180), 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.C. 7401- 7671x), 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 awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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 Report Lobbying," 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 (including 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 above that it will not and has not used Federal 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 TEXAS COMMISSION ON Page 7 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 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 expenditure 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. 8. The Performing Party must complete and submit the following attached forms prior to or upon signature of this contract, unless otherwise indicated: • 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 Section 33.301(a) -(f), and 40 CFR Section 33.302 (a) -(d), (i) whenever procuring construction, equipment, services and supplies to perform this Contract. Cybersecurity. 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. TEXAS COMMISSION ON Page 8 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 SCOPE OF WORK TEXAS COMMISSION ON Page 9 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 SCOPE OF WORK I. FACTS/PURPOSE The Performing Party will operate and maintain the air monitoring stations in Eagle Mountain Lake and Fort Worth, Texas, listed below in Table LA in accordance with 40 Code of Federal Regulations (CFR) Parts 50 and 58, the effective Texas Commission on Environmental Quality (TCEQ quality assurance project plans (QAPPs) pertaining to the State or Local Air Monitoring Stations (SLAMS) network, Particulate Matter of 2.5 Micrometers or Less (PM2.5) program and the Photochemical Assessment Monitoring Station (PAMS) networks, equipment standard operating procedures (SOPs), and the Preventive Maintenance Instructions (PM!) Manual. This documentation is available upon request. Air monitoring stations are subject to relocation and sampler changes (including changes in sampling frequency). In the event of site relocation, the Performing Party will be notified 30 days prior to relocation. The Performing Party will operate similar, additional, or relocated ambient air monitoring equipment as needed and as agreed upon by both parties. Table I.A lists all parameters and air monitoring stations operated and maintained under this Contract. Additional auxiliary equipment needed for the data collection is not listed. Table I.A: Equipment Station Address Equipment Type Operating Schedule Eagle Mountain 14290 Morris Dido NOx analyzer continuous Lake Newark Road AQS# 484390075 Eagle Mountain, Texas, CAMS 0075 76179 Fort Worth 1198 California Parkway PM2.5 sampler (Primary) continuous California North Parkway North Fort Worth, Texas, PMZ.5 sampler continuous AQS# 484391053 76115 CAMS 1053 (Collocated) Haws Athletic 600 %2 Congress Street PM,., sampler continuous AQS# 484391006 Fort Worth, Texas, CAMS 0310 76107 Keller Federal Aviation NOx analyzer continuous AQS# 484392003 Administration (FAA) CAMS 0017 site off Alta Vista Road Fort Worth, Texas, 76244 AQS - Air Quality System CAMS - continuous air monitoring station NO..- Oxides of Nitrogen PM2.5 - particulate matter of 2.5 micrometers or less in diameter TEXAS COMMISSION ON Page 10 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF A. Provide all air monitoring equipment, parts, audit equipment, gas standards, sample media, data collection equipment, and equipment related supplies for the proper operation of the air monitoring stations. B. Provide electricity and modem for data collection at the air monitoring stations. C. Provide shipping account information or shipping labels upon request for the Performing Party to ship air monitoring equipment, parts, audit equipment, and equipment related supplies to the TCEQ. D. Provide Performing Party staff with individual virtual private network (VPN) access accounts to check the site status remotely and update electronic operator logs through the TCEQ's internal status report webpage during the term of the Contract. Issuance of VPN access accounts to individuals is entirely within the discretion of TCEQ and may be denied and/or revoked with or without cause. All VPN access accounts issued pursuant to this Contract will be revoked upon its expiration. E. Provide training for equipment operations and other activities designed to increase technical capabilities required to support this agreement upon request by the Performing Party. F. Provide contact information, troubleshooting, and technical support related to TCEQ air monitoring equipment by phone, email, or on -site visits, during regular business days between the hours of 8:00 AM and 5:00 PM Central Standard Time (CST). III. PERFORMING PARTY RESPONSIBILITIES A. At a minimum, provide one primary operator with at least six months experience with operating, maintaining, and troubleshooting continuous and non- continuous air monitoring instrumentation and one backup site operator with similar experience. These site operators must be electrical/mechanical grade technicians capable of operating, troubleshooting, and performing maintenance on meteorological hardware and electronic monitoring equipment. Staff must be proficient with the use of Volt/Ohm meters, dry gas meters, calibration/audit equipment, and personal computers. B. Provide all site maintenance equipment (i.e., lawnmower, edge trimmer, ladder, etc.) and tools (i.e. screwdrivers, wrenches, voltmeters, etc.) C. Designate a project representative who receives communications from the TCEQ, manages the work being performed, and acts on behalf of the Performing Party as an authorized representative. Participate in regular phone calls with the TCEQ Project Manager. Calls will be scheduled as agreed upon by both parties and documented in writing by the TCEQ Project Manager. TEXAS COMMISSION ON Page 11 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 D. Communicate effectively and promptly with TCEQ technical staff to troubleshoot malfunctioning equipment. Address all warnings and failures as soon as detected, or no later than the next business day. E. At least one operator must be present during all TCEQ assessments or site visits. At least one assessment per year should be expected. More frequent assessments may occur if significant or persistent data quality issues occur. If the data quality objectives are not met, the Performing Party must take corrective action and if requested, produce a corrective action plan by the required deadline. F. Operate monitoring equipment according to federal regulations, established applicable SOPs, PMIs, QAPPs, and any other guidance documents. This documentation is available upon request. G. Operate air monitoring equipment according to Table VILA and ensure the deliverables listed are performed adequately and on time. Document completion and submit deliverables in the manner listed in Table VH.A. H. Provide laptop to the operator(s) with current version of Windows, Microsoft Office Suite, and other necessary software for an effective operation of the air monitoring stations mentioned in Table I.A. Equipment specific software will be provided by the TCEQ to be installed by the Performing Party. I. Monitor the site status remotely through the agency's internal status report webpage using the TCEQ-provided VPN access. Ensure individual VPN access accounts remain active. If VPN access is lost, notify the TCEQ Project Manager upon discovery. VPN access accounts are issued to individuals annually and must not be shared amongst Performing Party's staff. VPN access accounts issued pursuant to this Contract may only be used to complete TCEQ work. J. Notify the TCEQ through electronic mail of the name and termination date for any personnel who is terminated or removed from work on this Contract, within one business day of the termination date. The Performing Party will notify the TCEQ through electronic mail of the name of new personnel assigned to work on this Contract within five business days. K. Reply in writing to all TCEQ requests by set deadlines. Promptly respond to and comply with verbal and written guidance from the TCEQ Project Manager and technical support staff. L. Document all site activities in the electronic operator log, including but not limited to requirements listed in SOPs, before leaving a site where access to electronic log is available or within two business days where site access to electronic logs is not available. M. Ensure the certification for all equipment and gas cylinders is current. Equipment must be sent to TCEQ for verification prior to expiration. Prior approval is required to use any expired equipment or cylinders. N. Document all equipment and gas cylinder changes in Hardware Tracker within two business days of the change. TEXAS COMMISSION ON Page 12 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 0. Make travel arrangements and cover expenses for staff to attend all requested trainings, competency evaluations, and meetings. P. Maintain and provide as needed: documentation of shipping expenses, insurance costs (required) whether using the TCEQ account or other, and any additional information necessary to track equipment. Q. When visiting the TCEQ headquarters, all staff must enter through the front of the building, check -in with the security guard, and be escorted by TCEQ staff. R. Notify the TCEQ Project Manager immediately of any damages due to accident or vandalism. Provide pictures, police reports, and communications to provide remedy within 48 hours of discovery. The TCEQ is not responsible for damages due to negligence of the Performing Party or its subcontractors. The Performing Party must provide adequate replacement for equipment that is lost, stolen, or damaged due to negligence by the Performing Party or any subcontractor. S. Provide arrangements to convey equipment to and from the site to TCEQ employees at mutually agreed upon locations for exchange, delivery, or transfer. The Performing Party is responsible for its own fuel, vehicle, and any other expenses associated with the requested conveyance. T. Upon request by the TCEQ, provide guided tours of the monitoring sites, not to exceed four hours per quarter. U. Complete the Basic Siting Criteria checklist annually and submit a copy to the TCEQ Project Manager by the requested deadline. Notify the TCEQ Project Manager of any non-conformance or obstructions to the monitoring path upon discovery. V. Complete the CAMS Operator and Safety Checklists monthly and note its completion in the electronic operator log. Maintain a copy on site. Notify the TCEQ Project Manager about any unresolved safety issue and non-conformance upon discovery. W. Provide limited logistical support related to relocating or establishing a new air monitoring site. This may include, but is not limited to, assistance with locating a new site, providing access to contractors and utility companies for site construction, and reviewing and documenting site construction activities. X. Perform transitional services. Given the nature and importance of the services requested under this Contract, TCEQ must maintain uninterrupted services. The Performing Party will provide services as needed to assist in the smooth transition of a replacement contractor. Transitional services include, but are not limited to: a) the Performing Party will provide one week of training to the replacement contractor; b) the Performing Party will provide reports, maps, property site contact information, keys, equipment, and other TCEQ property to the replacement contractor upon execution of said future Contract; TEXAS COMMISSION ON Page 13 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 c) the Performing Party will report to the replacement contractor any pending problems being investigated or for which equipment repair is incomplete; d) upon request by TCEQ, the Performing Party will provide to the replacement contractor access to site trailers, buildings, utilities, or other locked areas; e) the Performing Party will notify the TCEQ Project Manager in writing when the transition of services is complete; and f) at all times, the Performing Party will provide complete cooperation, courtesy, civility, and professionalism when providing transitional services and communicating with the replacement contractor staff. IV. DESCRIPTION OF DELIVERABLES The Performing Party must operate and maintain the air monitoring stations and the associated equipment listed in Section I according to all applicable federal regulations and all effective TCEQ QAPPs, SOPs, and PMIs, as well as any additional guidance provided by the TCEQ Project Manager to meet existing, and future, federal and state air monitoring requirements. If there are discrepancies between the TCEQ SOPs and this Contract, the Performing Party must contact the TCEQ Project Manager for clarification and approval. TCEQ documents can be accessed through the TCEQ Rhone page and are also available upon request. V. ACCEPTANCE CRITERIA A. The Performing Party is required to provide the TCEQ at least an 85 percent (%) quarterly data return from all monitors and samplers. If the 85% data return is not achieved, assignable cause must be identified within a week after each month end. Assignable causes may include acts of nature (tornadoes, hurricanes, hail, etc.), vandalism, or circumstances beyond the control of the Performing Party. Neglect of the site is not an assignable cause. B. Failure to meet 85% quarterly data returns without assignable cause may result in discretionary payment reductions. Considerations for the reduction of payment will consist of evaluation of the Performing Party's performance of required operating procedures, quality control procedures, and effective and timely communication of non- compliance issues. Any payment adjustment made under this section is cumulative with all other remedies, and non-compliance issues may require additional corrective action. C. The parties agree that the following payment reductions represent a reasonable calculation of damages to the TCEQ in the event that the TEXAS COMMISSION ON Page 14 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 Performing Party fails to meet the required 85% quarterly data return without an assignable cause. a. The TCEQ may reduce payment to the Performing Party for non- compliant quarter by up to 25% of the total amount invoiced. b. 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 2 5% of the total amount invoiced. After receipt of the fourth quarter invoice, TCEQ will perform an accounting of all payment reductions and make necessary adjustments to the final payment to ensure that Performing Party is paid at least 75% of the total amount invoiced for the fiscal year. VI. VENDOR PERFORMANCE EVALUATION Failure to meet Contract deliverables will be noted and documented in the TCEQ Project Manager's performance evaluation of the Performing Party and may determine the continuation of this Contract. VII. SCHEDULE OF DELIVERABLES The Performing Party must provide the deliverables listed in Table VILA to the TCEQ in accordance with the noted timeframes. Table VILA: Contract Deliverables Deliverable Equipment Summary of Tasks and Timeframes Submit to: Data Collection all • Operate all samplers according to TCEQ DAS via VPN applicable Standard Operating Procedures or through the on- (SOPs) and the U.S. EPA Monitoring site data logger Schedule. • Review continuous data in TCEQ Data Acquisition System (DAS) daily to ensure sampler function and communication. Equipment all • Respond to equipment warnings, failures Project Manager, Failure Response or malfunctions by visiting the site on the TCEQ equipment same day if feasible, but no later than the support staff, and next business day. TCEQ DAS via VPN • Notify the TCEQ in writing within one business day of problem resolution. • Follow the TCEQ's technical advice and instructions without exception when troubleshooting equipment. • Document all equipment actions and subsequent resolution in the electronic operator log and hardware tracker if applicable. Equipment all • Report equipment failures or TCEQ equipment Failure and malfunctions in writing the same day as support staff, Sample Loss discovered. Include symptoms or cause of Project Manager, Report failure and contact information for the and TCEQ DAS via VPN TEXAS COMMISSION ON Page 15 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 Deliverable Equipment Summary of Tasks and Timeframes Submit to: Performing Party personnel immediately available to troubleshoot. • Report in writing within one business day if any continuous monitor fails to collect data for more than 48 consecutive hours or when two consecutive non -continuous samples are missed or invalid. Include reason for data loss and corrective action. Monthly PM2.5 • Perform verifications monthly within first pm@tceq.texas.gov and Project Verification and continuous ten business days of the month. Report • Perform verification procedures as Manager defined by instrument SOPs. • Perform calibrations as needed or when a monthly verification fails. • For each verification, use the latest version of the worksheet found on Rhone. • Document all verifications in the electronic operator log, identifying the sampler, the results, and the date of the verification. The originator must review the worksheet for accuracy. • Verification reports must be reviewed by someone other than the originator prior to submission to the TCEQ to ensure accuracy. The review must be documented in the worksheet. • Submit verification report within five business days of completion. • If corrections are requested by the TCEQ the Performing Party will correct and return the worksheet within the requested timeframe. Quarterly Audit PM2.5 • Perform quarterly audits within first ten pm@tceq.texas.gov and Project and Report continuous business days of the quarter for PM2.5. Quarters are defined by instrument SOPs. Manager • Perform additional audits after instrument repair, modification, or replacement. • For each audit, use the latest version of the worksheet found on Rhone. • Document all audits in the electronic operator log, identifying the sampler, the results, and the date of the audit. The originator must review the worksheet for accuracy. • Audit reports must be reviewed by someone other than the originator prior to submission to the TCEQ to ensure accuracy. The review must be documented in the worksheet. • • For PM2.5, submit audit reports within five business da s of com letion. TEXAS COMMISSION ON Page 16 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 Deliverable Equipment Summary of Tasks and Timeframes Submit to: • If corrections are requested by the TCEQ, the Performing Party will correct and return the worksheet within the requested timeframe. Laboratory NOx • Perform eight LCCs per year, two per lcc@tceq.texas.gov and Project Control Check calendar quarter, approximately 45 days (LCC) and Report apart per instrument. Manager • For each LCC, use the latest version of the worksheet found on Rhone. • Document all LCCs in the electronic operator log, identifying the analyzer, the results, and the date of the LCC. The originator must review the worksheet for accuracy. • LCC reports must be reviewed by someone other than the originator prior to submission to the TCEQ to ensure accuracy. The review must be documented in the worksheet. • Submit LCC reports within five business days of LCC completion. • If corrections are requested by the TCEQ, the Performing Party will correct and return the worksheet within the requested timeframe. Preventive all • Perform all the PMIs mentioned in the TCEQ DAS via VPN Maintenance equipment SOPs by the set deadlines and Project Instruction (PMI) • Detailed information of the PMIs can be Manager Completion found on the current version of the PMI Manual located on the Rhone web page at httn://rhone/cgi-bin/pmi_docs.pl. • Perform any future PMIs developed for the equipment listed in Table I.A with TCEQ notification. • Enter the completion of each PMI, the PMI number, and the date of completion, in the electronic operator log. • Track PMI completion using the TCEQ PMI tracker and submit monthly by the tenth calendar da of the followin month. TEXAS COMMISSION ON Page 17 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 Deliverable Equipment Summary of Tasks and Timeframes Submit to: On -Site Quality all • Submit completed pre -audit TCEQ Data Quality Assurance (QA) questionnaires by set deadlines. Team and Project and Performance • At least one site operator responsible for Manager Evaluation (PE) the equipment of interest must be Audits present during the audit. • If requested, assist TCEQ staff or U.S. EPA auditors on -site during audits and assessments. • When notified of failures or warnings, troubleshoot and if requested, produce a written response by the deadline. • If requested, provide a corrective action plan to the final audit report by the set deadline. Site Maintenance site • Maintain site free of vegetation higher Project Manager than six inches and trash or debris. • Ensure site remains locked and secure when staff are not on -site. • Obtain written approval from the TCEQ to change the site lock or combination and major site modifications prior to the change. • Record all site maintenance in the electronic operator log. • Complete the Siting Criteria Checklist annually and submit it to the TCEQ Project Manager by the requested deadline. Notify the TCEQ Project Manager of any threats to siting criteria when threats occur, such as the growth of trees or construction of nearby structures. • Complete the CAMS Operator and Safety Checklists monthly and note its completion in the electronic operator log. Checklists must be kept at the site either electronically or as a physical copy. The checklists are located on the TCEQ Rhone page. • Notify the TCEQ Project Manager about any unresolved safety issue and non- conformance or concern on the day of discovery. TEXAS COMMISSION ON Page 18 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 Deliverable Equipment Summary of Tasks and Timeframes Submit to: Invoice and all • Submit invoices at the following intervals: Project Manager Release of o September - November and Claims ■ due December 31St Contract Specialist Submission o December - February ■ due March 31St o March ■ due April 30th o April - May ■ due June 30th o June - August ■ due October 30th • Submit completed Release of Claims form with the final contract invoice. • Invoices must include an organized and detailed breakdown of all expenditures. • Invoice submittal extensions must be requested at least one week before due date. • Any inappropriate expenditure, including items not related to the project, will result in the invoice being rejected. invoice is rejected, the Performing Party must submit a revised invoice by the requested date. Inventory all • Document any equipment or gas cylinder Project Manager Management and replacement or change in the electronic Reports operator log and Hardware Tracker according to the requirements listed in Section III of this Contract. • Ship inoperable equipment to the TCEQ within five business days of replacement. Coordinate with the TCEQ Project Manager if the equipment cannot be shipped. • Upon request, promptly assist the Project Manager with maintaining inventory control and with Inventory Management Database (IMD) requests. • Track and submit quarterly TCEQ asset inventory reports on the following schedule: o September - November ■ due December 31St o December - February ■ due March 31St o March - May ■ due June 301 o June - August ■ due October 30th Documentation all • Ensure all site operators successfully Project Manager of Competency complete and maintain all applicable (DOC) DOCs. • Site operators must complete and submit TEXAS COMMISSION ON Page 19 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 Deliverable Equipment Summary of Tasks and Timeframes Submit to: a Contractor Competency Evaluation Form (CCEF) to the TCEQ Project Manager for all equipment within 90 days after the effective date of this Contract or deployment of new equipment. • If an operator is hired after the effective date of this Contract, submit a CCEF for all applicable equipment within six months of the operator's hire date. The new operator may not work independently until his/her CCEF has been completed. • Maintain copies of the completed CCEFs and any supporting documentation for a minimum of seven years. Make this documentation available to TCEQ upon request. Quality all • Read all QAPP documents applicable to Project Manager Assurance Performing Party's program and complete Project Plan QAPP Review Signature Form. Submit the (QAPP) signed form to the TCEQ Project Manager within 30 days of Contract issuance and/ or QAPP revision. The signature form is available upon request from the TCEQ Project_Manager. er. FOSTAT all • Read all applicable FOSTAT SOPs and Project Manager Standard complete SOP Review Signature Form. Operating Submit the signed form to the TCEQ Procedures Project Manager within ten business days (SOPS) of Contract issuance and/ or SOP effective date. The signature form is available upon request from the TCEQ Project_Manager. er. DAS - Data Acquisition System DOC - documentation of competency FRM - federal reference method met - meteorological equipment with sensors for monitoring temperature, wind speed, and wind direction NOx - Oxides of Nitrogen PM2.5 - particulate matter of 2.5 micrometers or less in diameter QAPP - quality assurance project plan site - trailer, fence, electrical equipment, and site pad, and any encroaching vegetation SOP - standard operating procedure TCEQ - Texas Commission on Environmental Quality U.S. EPA - United States Environmental Protection Agency VPN - virtual private network TEXAS COMMISSION ON Page 20 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CON RACT: 582-27-00034 GENERAL TERMS AND CONDITIONS TEXAS COMMISSION ON Page 21 of 62 ENVIRON NTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 GENERAL TERMS AND CONDITIONS Revised February 17, 2026 1. CONTRACT PERIOD 1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page. If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31st 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 Expiration Date; 1.2.1.3. Changes to the Scope of Work that affect TCEQ's obligations to the entity providing funding, such as the United States Environmental Protection Agency (EPA), another state or federal agency, or the Texas Legislature; and 1.2.1.4. Changes that affect the material obligations of the Performing Party in this Contract. 1.2.2. Unilateral Amendments. As specifically allowed by the Contract, TCEQ may issue unilateral amendments. Unilateral amendments take effect when issued by TCEQ. 1.2.3. Minor Changes. The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority, without a written amendment, to correct typographical errors; make written Contract interpretations; and make minor, non -material changes to the requirements in the Scope of Work, the Procedures for Work Orders, or the Work Orders (including Proposals for Grant Activities); or as agreed to elsewhere in the Contract. Performing Party must provide TCEQ with a written objection to any Minor Change no later than five (5) business days from the effective date of the Minor Change. A copy of the agreed change shall be retained in the appropriate file by both the Performing Party and TCEQ. 1.2.3.1. Minor, non -material changes include: 1.2.3.1.1. Changes to the schedule in the Scope of Work including an extension of a deliverable due date, not to exceed the expiration date of the Contract; 1.2.3.1.2. Changes to the schedule in the Work Order including an extension of a deliverable due date, not to exceed the expiration date of the Work Order. TEXAS COMMISSION ON Page 22 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 1.2.3.1.3. Changes to the individual tasks/activities in the Scope of Work or Work Order, if applicable, that do not substantially change the obligations of the Parties relative to those tasks/activities; 1.2.4. It is the Performing Party's responsibility to request extensions to the deliverable schedule and other changes that are within the authority of TCEQ. 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1. 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 Fixed 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, TEXAS COMMISSION ON Page 23 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 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 Documentation 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 tmesheets 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 TEXAS COMMISSION ON Page 24 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 arrangements with TCEQ that are acceptable to the Texas Comptroller of Public Accounts and TCEQ. 5. RECORDS, ACCESS, AND AUDITS 5.1. 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. Records include books; documents, including electronic mail and documents; information provided by TCEQ; and other evidence reasonably pertinent to Performing Party's performance of the Contract. These records will be maintained and retained by the Performing Party for a period of four (4) years after the Contract Expiration 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. 5.1.1. The Performing Party must maintain financial records for costs under the Scope of Work in accordance with generally accepted accounting practices. 5.1.2. 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. 5.2. 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, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.3. Financial Audit or Program -specific Audit. If the Performing Party expends more than $1,000,000 in state grant awards, including 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 Contract's administrative 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. TEXAS COMMISSION ON Page 25 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 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 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 Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism," published by the United States Department of the Treasury, Office of Foreign Assets Control. Performing Party will notify TCEQ if it can no longer make this representation. 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. 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 TEXAS COMMISSION ON Page 26 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 access control to any TCEQ web page, TCEQ computer system, or TCEQ database. 6.10.2. 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 as required under Section 2063.104 of the Texas Government Code and certified by the Texas Cyber Command under Section 2063.102 of the Texas Government Code: 6.10.2.1. during the term of the Contract; 6.10.2.2. during any renewal period, even if the Performing Party representative has already taken the training during the current State of Texas Fiscal Year; 6.10.2.3. after a Work Order is issued, if the Performing Party representative has not completed the training during the current contract term or renewal period; and 6.10.2.4. annually if the contract continues beyond August 31St of the State of Texas Fiscal Year in which it was entered. 6.10.3. Timing. 6.10.3.1. Within seven (7) days after the effective date of the Contract or renewal or issuance of a Notice to Proceed/Commence (NTP/C) for any Work Order (includes the term Proposal for Grant Activities) or the final issuance of the Work Order if not NTP/C is required, 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. Unless the Performing Party provides evidence to TCEQ that the Performing Party representative previously completed the required training as set forth below, the Performing Party representative must complete the training within seven (7) days after TCEQ provides access to the training and the Performing Party must provide evidence to TCEQ that the training was completed and retain the evidence itself. 6.10.3.2. For Contracts that have contract periods that continue beyond August 31St of the State of Texas Fiscal Year in which they are entered, by August 1St each year, the Performing Party must provide to the TCEQ Contract Manager a list of persons who must complete cybersecurity training during the upcoming State of Texas Fiscal Year. By September 301, the Performing Party representative must complete the training and the Performing Party must provide evidence to TCEQ that the training was completed. Performing Party also must retain the evidence itself. 6.10.4. Prior Training. If a Performing Party representative has previously completed a Texas Cyber Command -certified cybersecurity training during the term of the Contract or the current renewal period, 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 a renewal, or as applicable, the issuance of a Notice to Proceed/Commence for any Work Order. TEXAS COMMISSION ON Page 27 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 6.10.5. TCEQ will provide access to the cybersecurity training program. Performing Party is responsible for all other costs associated with its representatives completing the training, including time spent completing the training. 6.10.6. Performing Party must notify the TCEQ Contract Manager when any Performing Party representative with Access to a TCEQ Computer System or Database no longer needs such Access. In the case of an involuntary separation, the Performing Party must provide such notice immediately. In all other instances, the Performing Party must provide notice within two (2) business days of learning that a Performing Party representative will no longer need Access. 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, including allowing multiple individuals to utilize a single individual's TCEQ network user account. 6.11. Prohibition on Limitation of Cybersecurity Incident Notification. Any contract language in a cybersecurity insurance contract or goods and services contract is void and unenforceable if it prohibits or restricts TCEQ's compliance with, or otherwise circumvents the requirements of Section 2063.302 of the Texas Government Code, which outlines the requirements for cybersecurity incident notification for state agencies. 6.12. 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- capable devices. "Prohibited Technologies" refers to software, applications, technologies, hardware, equipment, 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: https://dir.texas.gov/information-security/prohibited-technologies. 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. 6.13. Firearm Suppressor Policy. Performing Party certifies that it has not received a final judicial determination finding it adopted a rule, order, ordinance, 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 immediately disclose the lawsuit and its posture to TCEQ. TEXAS COMMISSION ON Page 28 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 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, including 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 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- TEXAS COMMISSION ON Page 29 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes, location, or conditions, and ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non - reimbursement of expenses related to the associated activities. 9.3. Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to Title 30 Texas Administrative Code (30 TAC) Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 TAC Section 25.6. 10. INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise -wide license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, modify, or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Contract, and associated user documentation. 11. INSURANCE AND INDEMNIFICATION 11.1. Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. Before any Performing Party contractor performs any work at a TCEQ facility, Performing Party shall provide TCEQ a Certificate of Insurance for the contractor's Workers Compensation and Employer's Liability Insurance. 11.2. Indemnification. 11.2.1. IF PERFORMING PARTY IS NOT A STATE AGENCY OR LOCAL GOVERNMENT, THEN TO THE EXTENT ALLOWED BY LAW, THE TEXAS COMMISSION ON Page 30 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 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 ALL 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 SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS, OR DIRECTIVES. 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. 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 including any one or more of the following acts or omissions: nonconforming work or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2. Termination for Convenience. TCEQ may, upon providing 10 days' written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages, or other economic loss arising out of or resulting from the termination. TEXAS COMMISSION ON Page 31 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 12.3. If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of TCEQ. 13. DISPUTES, CLAIMS AND REMEDIES 13.1. Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of Performing Party from liability under this Contract. 13.2. Remedies Available to 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; 13.2.4. Suspend all or part of the contract activities or payments, or both, pending accepted revision of the nonconformity; 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3. Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible, under the circumstances. 13.4. Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 13.5. The dispute resolution process provided in Chapter 2009 of the Texas Government 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. SURVIVAL 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 proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. TEXAS COMMISSION ON Page 32 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 16. UNIFORM ASSURANCES 16.1. Uniform Assurances. Performing Party assures compliance with the following uniform assurances from TxGMS, as applicable to this Contract. Other assurances from TxGMS may be included elsewhere in this Contract. 16.1.1. Performing Party represents and warrants 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 2063.103 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 Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. 16.1.4. 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 certain charitable organizations, charitable trusts, and private 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 expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: • Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; Sections 556.004, 556.005, and 556.006 of the Texas Government TEXAS COMMISSION ON Page 33 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 Code; and • Sections 2113.012 and 2113.101 of the Texas 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 expenditures. 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 finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code 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 321.022, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 17. RELEASE OF RECORDS AND CONFIDENTIAL INFORMATION 17.1. For Records in Possession of TCEQ. Performing Party agrees that TCEQ shall have the discretion to determine whether records 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 Public Information Act (PIA) request related to the records 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 an Entity to Which the PIA Applies. This provision applies to a request for records that are in the possession of an entity to which the PIA applies. If Performing Party, a subrecipient, a contractor, or subcontractor receives a request for the 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 with sufficient time to permit TCEQ to instruct the Performing Party to 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 an Entity to Which the PIA Does Not Apply. This provision applies if the Performing Party or Performing Party's contractor or subcontractor or subrecipient receives a request for records in its possession but the entity is not subject to the PIA. The Performing Party shall require the entity in possession of the records to immediately transfer a copy of the request and all records that are responsive to the request up the contractual/grant chain (e.g., nonprofit subrecipient to Performing Party) until the request and records reach an TEXAS COMMISSION ON Page 34 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 entity that is subject to the PIA. The preceding provision 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. Confidential Information. 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 by the processes set forth in the following provisions: For Records in the Possession of an Entity to Which the PIA Applies and For Records in the Possession of an Entity to Which the PIA Does Not Apply (detailed 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 the Performing Party as set forth in the provision above titled For Records in Possession of TCEQ 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 expenditure 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 as being confidential. 17.6. Performing Party must take reasonable cybersecurity and other measures to safeguard information including 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. MISCELLANEOUS 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 TEXAS COMMISSION ON Page 35 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 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. 18.7. Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 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 documents prepared exclusively for internal use within the 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 Environmental Quality. The content, findings, opinions, and conclusions are the work of the author(s) and do not necessarily represent findings, opinions, or conclusions of the TCEQ 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 TEXAS COMMISSION ON Page 36 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 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 Administrative 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. TEXAS COMMISSION ON Page 37 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 COST BUDGET TEXAS COMMISSION ON Page 38 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 Cost Budget 1. Budget. Authorized budgeted expenditures for work performed are as follows: a. Direct Costs Budget Category Fiscal Year 2027 Cost for Work to be Performed Fiscal Year 2028 Cost for Work to be Performed Salary / Wages $40,000.00 $40,000.00 Fringe Benefits $20,451.21 $20,451.21 Travel $ 0.00 $ 0.00 Supplies $0.00 $0.00 Equipment $0.00 $0.00 Contractual $0.00 $0.00 Construction $0.00 $0.00 Other $0.00 $0.00 Total Direct Costs $60,451.21 $60,451.21 b. Indirect Costs Distribution Base Amount (identify Base $40,000.00 $40,000.00 type below) Indirect Cost Rate for 10% 10% Reimbursement Total Indirect Costs $4,000.00 $4,000.00 c. Maximum Authorized Reimbursement Maximum Authorized Reimbursement $64,451.21 $64,451.21 (Direct and Indirect Costs) 2. 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 TEXAS COMMISSION ON Page 39 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 If other direct cost Base, identify: Salary/Wages only 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. ❑ De Minimis 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 only. 3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of budget total, identify the main constituents: 4. Travel. In order to be reimbursable, travel costs must be specifically authorized in advance of the travel. Travel costs will be reimbursed only in the amount of actual costs, up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. 5. Budget 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. 6. Budget Control. 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. TEXAS COMMISSION ON Page 40 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 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. 7. 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 ❑ 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. 8. Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation such as expenses for the invoice period, year- to-date expenses, projected totals for the year (or applicable contract period), percent of budget spent to date, and percentage of budget projected to be spent. Performing Party shall maintain records subject to the terms of this Contract. 9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate entered above. If no reimbursable rate is shown above, indirect costs are not reimbursable under this Contract. The reimbursable rate must be less than or equal to the rate authorized under TxGMS 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 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). TEXAS COMMISSION ON Page 41 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 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. TEXAS COMMISSION ON Page 42 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 NOTICES, PROJECT REPRESENTATIVES, AND RECORDS LOCATION TEXAS COMMISSION ON Page 43 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION CONTRACT NO. 582-27-00034 CONTRACT NAME: CITY OF FORT WORTH PM2.5 1. Representatives. The individual(s) named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All communications including official contract notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Information. Either party may change its information in this Notices, Project Representatives and Records Location document by providing notice to the other party's representative for contractual matters. 3. TCEQ Representatives TCEQ CONTRACT MANAGER (for Contractual Matters) Paushiana Madison Contract Specialist Title Texas Commission on Environmental Quality P.O. Box 13087 MC -165 Austin, Texas 78711-3087 Telephone No. (512) 239-1828 Email Address: Paushiana.Madison@tceq.texas.gov 4. Performing Party Representatives. For Contractual Matters Name: Anthony Williams Title: Project Manager Title City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Telephone No. (817) 392-5462 Email Address: Anthony.Williams@fortworthtexas.gov TCEQ PROJECT MANAGER (for Technical Matters) Penelope Mendoza Project Manager Title Texas Commission on Environmental Quality P.O. Box 13087 MC -165 Austin, Texas 78711-3087 Telephone No. (512) 239-1715 Email Address: Penelope.Mendoza@tceq.texas.gov For Technical Matters Name: Daniel Fernandez Title: Senior Environmental Specialist Title City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Telephone No. (817) 392-5444 Email Address: Daniel.Fernandez@fortworthtexas.gov TEXAS COMMISSION ON Page 44 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is identified below: ® TCEQ Project Manager / ❑ TCEQ Disbursements Section / ❑ Other: 6. Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract: 200 Texas Street Fort Worth, TX 76102 (City / State ZIP) TEXAS COMMISSION ON Page 45 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 ATTACHMENTS TEXAS COMMISSION ON Page 46 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 Attachment A: Release of Claims (Must be returned with last invoice per the General Term and Condition titled Release of Claims) TEXAS COMMISSION ON Page 47 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Conditional Final Waiver and Release of Claims Upon receipt and clearance of payment from the Texas Commission on Environmental Quality (TCEQ in the sum of $--------, which constitutes final payment to City of 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 582-27-00034 (Contract). It is expressly agreed and understood that this conditional FINAL waiver and release of all claims is effective, without any further action of any party, only upon clearance of final payment to Performing Party in the above -mentioned amount. Performing Party warrants that it has completed all activities described in the Contract. Executed on this --------- day of __________, 20__ By: (signature) (name) ----------------------------- (title) TEXAS COMMISSION ON Page 48 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 Attachment B: Budget Revision Request (Must be returned as specified in the Cost Budget) TEXAS COMMISSION ON Page 49 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-2 7-00034 BUDGET REVISION REQUEST Purpose: To document Performing Party's proposed budget changes where the budget total does not change. Any budget transfers that cumulatively exceed 10% of the total budget (from original contract or most recent amendment) require TCEQ's prior approval. Instructions: Complete 1. - 8. Total the amounts. 1. Performing Party Name & Complete Address Including Zip Code: 2. Grant/ Contract Title: 3. Performing Party ID No.: 4. TCEQ Contract No. or PGA/Work Order No.: 5. Total Contract or PGA/WO Period: 7. Most Recently Approved Budget (from 8. Cumulative (+ or -) Change 9. New or Revised Budget 6. Budget Categories: original contract or most including this BRR since most after this BRR recent amendment) recent budget in column 7) a. Personnel/Salaries b. Fringe Benefits c. Travel d. Supplies e. Equipment f. Contractual g. Construction h. Other i. Total Direct Costs (sum a - h) j. *Indirect Costs for reimbursement (___% x $_____ [Base] ❑ Check here if the dollar amount for indirect costs for reimbursement is changed in this BRR. ❑ Check here if the amount requested for reimbursement 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 (explain): Note: Performing Party 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 projects are generally not available for this purpose). k. Total (sum i & j) I 1. Number of BRRs for this project (including this one) Justification (Attach additional sheets, if necessary. If change is due to an updated indirect cost rate, attach NICRA letter): *** Budget Revision Request must contain all signatures to be valid *** Signature of Performing Party's Representative Date Type or Printed Name and Title Acknowledged: Signature of TCEQ Project Manager Date Type or Printed Name and Title Signature of TCEQ Contract Manager Date Type or Printed Name and Title TEXAS COMMISSION ON Page 50 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 Attachment C: Personnel Eligibility List (Must be returned per the General Term and Condition titled Personnel Eligibility List (PEL)) TEXAS COMMISSION ON Page 51 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 Personnel Eligibility List (PEL) Performing Party: Date: Initial Date Estimated Staff Name or Date Added "Vacant" Position or Title to PEL Removed Time to from PEL Contract (% or hrs)* *Only provided for estimation purposes and may be different from actual hours worked. TEXAS COMMISSION ON Page 52 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 Attachment D: Level -of -Effort Certification (Certification(s) must be returned with each invoice per the General Term and Condition titled Level -of -Effort Certification (LEC)) TEXAS COMMISSION ON Page 53 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 Level -of -Effort Certification [Month] 20[XX] Employee Name: [Name] Project Actual Activities Performed Activity for Which Employee was Compensated (% of Total Hours Worked) TCEQ Contract Nos. 582-XX-XXXXX 2-XX-XXXXX x 582-XX-XXXXX 2-XX-XXXXX X 582-XX-XXXXX 2-XX-XXXXX X 582-XX-XXXXX 2-XX-XXXXX X% 582-XX-XXXXX 2 -XX-XXXXX • X 582-XX-XXXXX 2-XX-XXXXX • x Other Projects X (Not Related to TCEQ Contracts/Grants) The information listed above is true and correct. TCEQ may request additional information. Employee Name Employee Signature Supervisor Name Supervisor Signature Date Date TEXAS COMMISSION ON Page 54 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 ATTACHMENT E: FINANCIAL STATUS REPORT TEXAS COMMISSION ON Page 55 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 Texas Commission on Environmental Quality Financial Status Report Grant/Contract Title Contract Number 582 - Work Order or PGA #, if applicable 582 - Performing Party Name and Address Performing Party ID Number Report Type ❑ Quarterly ❑ Monthly ❑ Final Period Covered by This Report From To Total Contract Period From To Budget Categories* Approved Budget This Report Period 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. TEXAS COMMISSION ON Page 56 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 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.) ext. Date Submitted TEXAS COMMISSION ON Page 57 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 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) of Travel Destination and Purpose Meals Lodging Transportation Other (provide description) Task Number(s) (If none specified, Description of Task) Total Travel Expenditures (must agree with line c.) TEXAS COMMISSION ON Page 58 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 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 Unit Cost Number Purchased Total Cost Task Number(s) (If none specified, Description of Task) Total Supply Expenditures (must agree with line d.) Equipment Purchased during this report period Item Description (must match description provided for approval) Serial Number or other ID Number Unit Cost Number Purchased Total Cost Task Number(s) (If none specified, Description of Task) Total Equipment Expenditures (must agree with line e.) Contractual Expenditures during this report period Subcontractor(s) Activity/Purpose Date(s) Performed Cost (this period) Task Number(s) (If none specified, Description of Task) Total Contractual Expenditures (must agree with line f.) TEXAS COMMISSION ON Page 59 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 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 Activity/Purpose Cost (this period) Task Number(s) (If none specified, Description of Task) Total Construction Expenditures (must agree with line g.) Other Expenditures during this report period including Expenditures by Subgrantees Description and/or Subgrantee(s) Activity/Purpose/Quantity Cost (this period) Task Number(s) (If none specified, Description of Task) Total Other Expenditures (must agree with line h.) Other In -Kind Contributions during this report period Description and/or Subgrantee(s) Activity/Purpose/Quantity Cost (this period) Task Number(s) (If none specified, Description of Task) Total Other Expenditures (must agree with line h.) TEXAS COMMISSION ON Page 60 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 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. TEXAS COMMISSION ON Page 61 of 62 ENVIRONMENTAL QUALITY CITY OF FORT WORTH - PM2.5 TCEQ CONTRACT: 582-27-00034 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. TEXAS COMMISSION ON Page 62 of 62 ENVIRONMENTAL QUALITY CONTRACT COMPLIANCE MANAGER: By signing this document, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ANTHONY WILLIAMS NAME SIGNATURE ENVIRONMENTAL SUPERVISOR TITLE FORT WORTH. MAYOR AND COUNCIL COMMUNICATION 7.1.33 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CONTRACT FY2027-28 DATE: 09/15/26 M&C FILE NUMBER: M&C 26-0788 DEPARTMENT: ENVIRONMENTAL SERVICES SUBJECT (ALL) Authorize Execution of a Cooperative Agreement with the Texas Commission on Environmental Quality to Receive Federal Grant Funding in FY26, FY27, and FY28 for Ambient Air Monitoring Operations for PM2.5 and NOx, in an Amount Up to $128,902.42 and Adopt Appropriation Ordinance RECOMMENDATION It is recommended that the City Council: Authorize the execution of a cooperative agreement with the Texas Commission on Environmental Quality to receive United States Environmental Protection Agency Section 103 grant funding in an amount up to $128,902.42 for a twenty -four -month term beginning September 1, 2026 and expiring August 31, 2028, for ambient air monitoring operations for PM2.5 and NOx; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an amount up to $128,902.42, subject to receipt of the grant, for the purpose of funding ambient air monitoring operations. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to recommend adoption of a cooperative agreement with the Texas Commission on Environmental Quality (TCEQ) to receive federal grant funding for ambient air monitoring operations for PM2.5 and NOx (Agreement). The City of Fort Worth (City) partners with TCEQ to operate its local Air Pollution Control program (Program) under three separate but related contracts, as follows: • City Secretary Contract No. 65423 - Department of Homeland Security 2026 Biowatch Whole Air Monitoring Cooperative Agreement. • City Secretary Contract No. 62485 - FY2023 Air Quality Compliance Inspections and Investigations Contract with TCEQ; and • City Secretary Contract Number 64529 - TCEQ PM10 Intergovernmental Cooperative Reimbursement Contract FY2026/FY2027. 1 of 4 FORT WORTH.,. This Program benefits the City by ensuring that facilities are in compliance with air quality regulations and by supporting data collection for air pollutants. The Agreement is fully funded by the U.S Environmental Protection Agency (US EPA) through its Section 103 Grant Program. TCEQ administers the US EPA Section 103 grant funding in Texas. The City is an annual recipient of US EPA Section 103 Grant Funds for its Program to maintain and operate various continuous ambient air monitoring stations through the Agreement. The Agreement also supports a portion of a regional, regulatory ambient air pollution monitoring network to daily monitor oxides of nitrogen (NOx) and particulate matter with a diameter less than 2.5 micrometers (PM2.5). Approval of this M&C will allow the City to receive US EPA grant funding for the City's Program as it relates to PM2.5 and NOx monitoring at its local Continuous Air Monitoring Stations. Additional Program activities supported by this Agreement include calibration, operation, and regular audit and maintenance activities for equipment under the terms of the contract. TCEQ provides all air monitoring equipment and supplies for the operation of the air monitoring sites. The contract period will begin on September 1, 2026, and will end on August 31, 2028. The amount of this contract is an amount up to $128,902.42 for reimbursement of expenses to the City. DOCUMENT M&C No. APPROVAL DATE GRANT AMOUNT TOTAL Initial Contract (FY27-28) PENDING PENDING $128,902.42 TOTAL: $128,902.42 $128,902.42 This Agreement covers the operation and maintenance of four Continuous Air Monitoring Stations as follows: STATION ADDRESS EQUIPMENT Eagle Mountain Lake 14290 Morris Dido Newark Road 1 NOx Monitor California Parkway North 1198 California Parkway North 2 PM 2.5 Monitors Haws Athletic Center 600 Congress Street 1 PM 2.5 Monitor Keller 10218 Alta Vista Road 1 NOx Monitor 2 of 4 FORT WORTH. This Agreement partially funds four authorized positions in the Environmental Services Department for air quality monitoring. Salary and Fringe will be funded in an estimated amount up to $120,902.42 for the twenty -four -month term. Indirect costs will be recovered under this grant at a rate of 10%, an estimated amount up to $8,000.00. Position Authorized Positions (AP) Env. Supervisor 0.08 Sr. Env. Specialist 0.01 Sr. Env. Specialist 0.05 Env. Specialist 0.38 TOTAL: 0.52 If funding is not available, the Environmental Services Department will be responsible for identifying an alternative funding source for the program to continue. No City funds will be expended before the contract is approved. Upon approval and acceptance of the Agreement and execution of the contract, City funds will be expended before receipt of funds. There is not a match requirement. 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, in the Grants Operating Federal Fund. 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 grant. 3 of 4 FORT WORTH. SUBMITTED FOR CITY MANAGER'S Valerie R. Washington, 6192 OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: Cody Whittenburg, 6322 Wyndie Turpen, 5455 Julianne Ragland, 7251 ATTACHMENTS 1. ORD APP 22 22TCEQ PM 2 5 NOS CONTRACT FY27 28 AO26 r2 [7.1.33.1 - 1 page] 4 of 4 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Texas Commission on Environmental Quality Subject of the Agreement: Ambient Air Monitoring Operations - PM 2.5: Supports a portion of a regional, regulatory ambient air pollution monitoring network. This includes daily monitoring of oxides of nitrogen and particulate matter. 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 IZI If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No IZI 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, 2026 Expiration Date: If different from the approval date. August 31, 2028 If applicable. Is a 1295 Form required? * Yes ❑ No EZI *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 107303 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No O Contracts need to be routed for CSO processing in the following 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. Permanent Contracts Advanced Funding Agreements Architect Service Community Facilities Completion Agreement Construction Agreement Credit Agreement/ Impact Fees Crossing Agreement Design Procurement Development Agreement Drainage Improvements Economic Development Engineering Services Escrow Agreement Interlocal Agreements Lake Worth Sale Maintenance Agreement/Storm Water Parks/Improvement Parks/Other Amenities Parks/Play Equipment Project Development Property/Purchase (Property owned by the City) Property/Sales (Property owned by the City) Property/Transfers (Property owned by the City) Public Art Sanitary Sewer Main Replacements Sanitary Sewer Rehabilitations Settlements (Employees Only) Streets/Maintenance Streets/Redevelopment Streets/Repairs Streets/Traffic Signals Structural Demolition (City owned properties) Utility Relocation Water Reclamation Facility Water/Emergency Repair Water/Interceptor Water/Main Repairs Water/Main Replacement Water/Sanitary Sewer Rehabilitation Water/Sewer Service Water/Storage Tank