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Contract Name:Local Air Program Contract Number:582-15-50123
Texas Commission on Environmental Quality
Cooperative Reimbursement Contract for
State Agencies and Local Governments
CONTRACT SIGNATURE PAGIRIN SECRETAW
CONTRACT NO.
Contract Name: Local Air Program Contract
Contract Number: 582_15_50123
Performing Party: City of Fort Worth
Performing Party Identification Number: 17560005286001
TCEQ Maximum Obligation: $275,233.00(Up to 67%of Total Program Cost)
Effective Date: ® 9/1/14 ❑ Date of last signature
Expiration Date: ® 8/31/15 ❑ Last day of Fiscal Year in which the Contract was signed
® If checked,this Contract requires matching funds. Match Requirement: 33%of Total Program Cost
❑ If checked,this Contract is funded with federal funds.
CFDA Number:
Federal Grant Number:
This Contract is entered under: ❑Gov't Code ch.771 ❑Gov't Code ch.791 ®Health and Safety Code§382.o622
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 Uniform Grant Management Standards(UGMS)and this Contract.
Texas Commission on City of Fort Worth
Environmental Quality(TCEQ) (Performing Party)
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Authorized Signature Authorized Signature
Ramiro Garcia,Jr. Fernando Costa
Printed Name Printed Name
Deputy Director Assistant City Manager
Office of Compliance and Enforcement Title
Title � /`•/��,
Wc` I I ` Date
A?PROVED_M TO FORM AND LEGALITY:
Procurements&Contracts Representative
LaTresa Stroud CTPM CTCM
Printed Name J ® Assistant City Attorney ItRTNu2 M W
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OFFICIAL RECORD
CITY SECRETARY °f'°�°°° °°°�j►�' y J. Kay i Secretary
FT.WORTH,TX
RECEIVED AUG 2 b 1014
Contract Name: Local Air Program Contract Number:582-15-50123
CONTRACT DOCUMENTS LIST
Cooperative Reimbursement Contract
for State Agencies and Local Governments
This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this
page and marked by an "X." Documents on this list include all amendments. In the event of a conflict
of terms,the Contract Documents as amended control in the descending order of the list, subject to
provisions in the Special Terms and Conditions, if any. All Contract provisions, however, are subject to
control by the latest amendment and most specific provision and by the applicable state and federal
laws, rules and regulations.
® Contract Signature Page
® Contract Documents List (this page)
Z Special Terms and Conditions
❑ Federal Section (Including Federal Conditions and Completed Forms)
® Scope of Work
® General Terms and Conditions
® Notices, Project Representatives and Records Locations
❑ TCEQ —Approved Contract Work Plan
❑ TCEQ —Approved Performing Party Proposal
® Attachment A— Financial Status Report (FSR) (See Section 1.6 of Scope of Work)
® Attachment B — Instruction for completing the FSR(See Section 1.6 of Scope of Work)
Z Attachment C — Cost Budget Form (See Section 1.4 of Scope of Work)
Z Attachment D — Sample Work Plan (See Section 1.9 of Scope of Work)
Page 2 of 36
Contract Name:Local Air Program Contract Number: 582-15-50123
SPECIAL TERMS AND CONDITIONS
1. This agreement supports a Local Air Program as defined in Section 382.o622(d), Texas Health
and Safety Code. The combined federal share, derived from the Section 105 pass-through
funding from the TCEQ, and the state share, derived from the current Appropriations Act
(including funds provided under this Agreement) for the PERFORMING PARTY's Local Air
Program shall not exceed 67% of the PERFORMING PARTY's Total Program Cost. If the
PERFORMING PARTY does not provide matching funds such that the combined federal and
state share of the funding does not exceed 67%, then the amount of TCEQ reimbursement for
this Agreement will be reduced so that this condition is met.
2. Each request for payment must show the cumulative amount of match provided by the
PERFORMING PARTY for the fiscal year. The final request for payment must show that the 33%
local match has been provided, calculated based on the Total Program Cost.
3. "Source of Interest to the EPA" means any air pollution site that is a Major Source. "Major
Source" is defined in 40 C.F.R. § 70.2 and 3o T.A.C. §122.10.
4. A "Minor Change" is a written document which provides for minor changes in the work in
accordance with the General Terms and Conditions, but which does not change the TCEQ
Maximum Obligation, Contract Period, or Contract Terms and Conditions.
5. "Total Program Cost" is the amount of allowable costs for this Agreement in a particular fiscal
year.
6 . This agreement shall have a term commencing on September 1, 2014, and shall terminate on
August 31, 2015. The Parties may renew the agreement for three additional one year periods by
written amendment.
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Contract Name: Local Air Program Contract Number: 582-15-50123
SCOPE OF WORK
�. Administrative Regulations
1.1 Changes to Contract Documents. TCEQ may update, supplement, or remove the
documents referenced in this Agreement upon 15 working days notice.
1.2 Changes to Guidance Documents. TCEQ may update, supplement, or remove any or all of
the guidance documents referenced in this Agreement. TCEQ shall promptly notify the
PERFORMING PARTY in writing of any changes to the guidance documents, and will
attach a copy of the updated documents. The PERFORMING PARTY shall implement
changes to guidance documents within the time frames specified by TCEQ, no later than
3o days of receipt, whichever comes first. If the PERFORMING PARTY does not agree to
comply with changes to guidance documents, the PERFORMING PARTY must decline to
perform any work which requires use of these documents. If the PERFORMING PARTY
declines to perform all or part of a task, TCEQ will not pay for that task.
1.3 Fiscal Analysis of Fixed Payment. Within 3o days after the beginning of each fiscal year,
the PERFORMING PARTY will submit documentation to the TCEQ showing how it will
provide matching funds as required by ARTICLE 1 of the Special Terms and Conditions of
this Agreement. Documentation shall also include the indirect rate, basis for indirect rate,
list of current and known future expenses, and an itemized breakdown of direct charges.
If the PERFORMING PARTY does not utilize an indirect rate, it must say so in the
documentation.
1.4 Cost Budget. Within 3o days after the beginning of each fiscal year, the PERFORMING
PARTY shall submit a Cost Budget to the TCEQ Project Manager. The PERFORMING
PARTY shall use the Cost Budget form in Attachment C to this Agreement. The Cost
Budget must reflect the Total Program Cost, including the PERFORMING PARTY's
matching funds and TCEQ's obligation for the year. For this agreement,TCEQ waives
budgetary control under UGMS_.30(c), and will instead control both the work and its
payment obligation to PERFORMING PARTY using the Work Plan. PERFORMING
PARTY may reallocate funds or increase the overall budget at its discretion.
PERFORMING PARTY shall notify TCEQ of Cost Budget changes each time it submits a
request for payment, using a form acceptable to TCEQ.
1.5 Requests for Payment. Quarterly, the PERFORMING PARTY shall submit requests for
payment to the TCEQ Contract Manager in accordance with ARTICLE 4 of the General
Conditions of this Agreement.
1.6 Financial Status Report. Each quarterly request for payment must be accompanied by a
quarterly Financial Status Report (FSR). The FSR form is Attachment A to this
Agreement. The approved budget column of the FSR will come from the Cost Budget.
The PERFORMING PARTY shall submit the final FSR with the fourth quarter invoice for
each fiscal year. With each FSR, the PERFORMING PARTY shall submit a list of property
purchased wholly or partially with funds from this Agreement and having a unit
acquisition cost of$5000 or more. The FSR Form Instructions are Attachment B of the
Contract Documents.
1.7 The PERFORMING PARTY shall submit a copy of the most recent available annual
independent financial audit required by the UGMS to the TCEQ Contract Manager within
3o days after the beginning of each fiscal year. .
1.8 The PERFORMING PARTY shall implement and maintain internal quality control
procedures to ensure completeness and accuracy of all Agreement deliverables.
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Contract Name:Local Air Program Contract Number: 582-15-50123
1.9 Annual Work Plan Development. PERFORMING PARTY will submit a draft Work Plan by
August 1 of each fiscal year, and the parties will make all reasonable efforts to agree on a
final Work Plan by August 15 of each fiscal year. The Work Plan will be consistent with
the direction and intent of the Compliance Monitoring Strategy for the TCEQ Air and/or
Stage II programs. The Work Plan will cover an entire fiscal year of program activity. To
the extent practicable, the PERFORMING PARTY will implement the Work Plan so that
one-fourth of the Work Plan is completed each quarter. PERFORMING PARTY will
submit a schedule of per-task fixed payment amounts as part of its Work Plan, in a format
approved by TCEQ. The Work Plan will show the types of tasks or activities,the number
of tasks to be completed within the fiscal year, and the fixed payment amount of each task.
Fixed payment amounts shall be the nearest practicable estimate of TCEQ's share of the
allowable costs of the tasks or activities. A sample Work Plan can be found in Attachment
D. Oversight of the Work Plan Activities is stated in Section 3 of this Scope of Work
2. Performance Evaluations
2.1 Program Evaluations. TCEQ will make ongoing evaluations of PERFORMING PARTY's
work throughout the Agreement term,which may include Work Product Evaluations,
Consolidated Compliance and Enforcement Data System (CCEDS) evaluations, and/or
Annual Performance Evaluations.
2.2. Work Product Evaluations. Evaluations will be conducted of PERFORMING PARTY's
work utilizing standardized procedures and will typically be conducted by one or more
persons designated with that task by the TCEQ Regional Representative or designee.
Evaluations may include file reviews, work product evaluations and joint oversight
investigations. The TCEQ Regional Representative will perform a minimum of one file
review and two joint oversight investigations per fiscal year of the contract period. A joint
investigation is an investigation in which a TCEQ representative accompanies the
PERFORMING PARTY during an investigation for the primary purpose of oversight.
TCEQ may independently audit investigations at entities which the PERFORMING
PARTY investigated. Additionally, the TCEQ Regional Representative or designee will
evaluate investigation reports submitted by the PERFORMING PARTY.
TCEQ will provide written assessments of each work product evaluated, including file
reviews, work product evaluations and joint oversight investigation results to the
PERFORMING PARTY's representative by the 7th working day of the month following the
evaluation, or at another mutually agreed time.
2.2.1 Work Product Evaluation (WPE) meetings. The purpose of periodic
program evaluations is to ensure ongoing program effectiveness. WPE meetings
will be held at least quarterly. The meeting participants will include the TCEQ
Regional Representative or designee, the TCEQ Air Section Managers or
designees. Waste Section Managers or designees as appropriate, the Project
Manager or designees, and the PERFORMING PARTY's representative. If the
TCEQ work product evaluations conducted since the previous meeting show
deficiencies or a trend toward unsatisfactory performance, the Parties will discuss
the conditions that contributed to the deficiency or trend. The TCEQ Regional
Representative or designee will document the meeting and provide meeting
minutes or a meeting summary to the PERFORMING PARTY's representative and
Project Manager within three weeks of the meeting.
2.3 Unsatisfactory Performance. If the TCEQ Regional Representative or designees
determines that a structural or procedural problem is the likely source of the deficiency or
trend, the TCEQ Regional Representative will document this issue and notify the
PERFORMING PARTY and Project Manager, in writing, of the suspected program
deficiency or unsatisfactory performance within 3o days of the date of discovery. The
PERFORMING PARTY shall provide a written response to TCEQ Regional Representative
and Project Manager within 3o days of receiving the notification. The PERFORMING
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Contract Name: Local Air Program Contract Number: 582-15-50123
PARTY shall either explain why no program deficiency should be found or describe a
corrective action plan. For disputed findings, the PERFORMING PARTY shall include
any new information in the explanation that was not previously presented. If requested
by the TCEQ Regional Representative or designee, the PERFORMING PARTY shall
provide a corrective action plan. Any corrective action plan shall include a statement of
the problems addressed, measures to correct those problems, any structural or procedural
measures that will help avoid similar problems, a timeline for implementing such
measures, and milestones and metrics to track improvement. The TCEQ Regional
Representative and Project Manager will review the plan. If TCEQ approves the plan,the
PERFORMING PARTY shall implement it immediately.
2.4 Correction to unsatisfactory performance. The TCEQ Regional Representative and
Project Manager will evaluate the Performing Party's progress under any corrective action
plan approved under Paragraph 2.3 of this section. TCEQ will consider documentation
submitted in support of the plan, subsequent work product evaluations, and
demonstrations of progress in correcting the underlying cause of the unsatisfactory
performance. The PERFORMING PARTY will demonstrate progress under corrective
action plans during the Work Production Evaluation meetings.
2.4.1 Sanctions for unsatisfactory performance. TCEQ may avail itself of any remedies
identified in ARTICLE 13 of the General Conditions of this Agreement after TCEQ
makes a written finding to the PERFORMING PARTY of unsatisfactory
performance.
2.4.2 If TCEQ notifies PERFORMING PARTY of deficiencies in the air program
compliance and enforcement activities required by a previous Agreement between
TCEQ and the PERFORMING PARTY, the PERFORMING PARTY shall, within 6o
days, correct any similar deficiencies in the work performed under that Agreement
and report to TCEQ any deficiencies that cannot be corrected within the 6o days.
2.5 CCEDS Performance Evaluation. The TCEQ Regional Representative will evaluate
performance of work approved in the Consolidated Compliance and Enforcement Data
System (CCEDS)
2.6 Annual Performance Evaluation. TCEQ may perform an Annual Performance Evaluation.
The Annual Performance Evaluation will be based on (1) the PERFORMING PARTY's
performance of the tasks required by this Agreement and applicable TCEQ guidance; (2)
the questionnaire described in Paragraph 2.6.1; (3) the work product evaluations
described in Paragraph 2.2; (4) the meeting reports described in Paragraph 2.2.1; and (5)
the PERFORMING PARTY's documentation of compliance with the financial
management requirements of this Agreement.
2.6.1 If TCEQ elects to conduct an Annual Performance Evaluation, the TCEQ Contract
Manager will provide an Annual Performance Evaluation Questionnaire (APEQ)to
be completed by the PERFORMING PARTY.
2.6.2 Within 45 days following the receipt of the APEQ, the PERFORMING PARTY shall
respond to the questionnaire. The response shall be sent to the TCEQ Project
Manager and the Regional Representative.
2.6.3 Within 3o days following the receipt of the APEQ the TCEQ Project Manager will
provide the PERFORMING PARTY with a date and time for the Annual
Performance Evaluation meeting.
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Contract Name: Local Air Program Contract Number: 582-15-50123
2.6.4 Within 45 days of the Annual Performance Evaluation meeting,the TCEQ Project
Manager will provide a revised, draft Annual Performance Evaluation Report to the
PERFORMING PARTY. The draft will incorporate comments from the meeting
and follow-up information.
2.6.5 Within ten working days of receipt of the revised, draft Annual Performance
Evaluation Report described in Paragraph 2.6.4, the PERFORMING PARTY shall
provide any written comments or corrections to the draft Report to the TCEQ
Project Manager.
2.6.6 Within 3o days of receipt of the final, signed Annual Performance Evaluation
Report, the PERFORMING PARTY shall provide a written response to the TCEQ
Project Manager for review concerning any deficiencies or unsatisfactory
performance noted in the Annual Performance Evaluation Report. The response
shall include a description of the nature and extent of each deficiency's impact on
data quality, the specific corrective actions taken or planned to address the
deficiencies, actions taken or planned to prevent recurrence, a schedule, not to
exceed 6o days from the date of receipt of the Report, to bring any deficiencies up
to TCEQ standards, and the means to document completion of each action. If any
deficiency cannot be corrected within 6o days, the PERFORMING PARTY shall
identify the limitations to correcting the issue, the specific corrective actions
planned to address the deficiency, a provision for a final report, and a schedule for
compliance with TCEQ standards.
2.6.7 Within 6o days of being notified of any deficiencies, or as instructed by the TCEQ,
the PERFORMING PARTY shall provide the TCEQ Project Manager with a written
report documenting the actions taken to correct the deficiencies. If the deficiencies
are not corrected to the satisfaction of the TCEQ, TCEQ may withhold payment or
take other actions permitted by law.
3. Requirements Applicable to All Work Activities.
The following requirements apply to each Work Plan task (activity) identified in the approved Work
Plan.
3.1 TCEQ will not pay for work not included in this Scope of Work, or which exceeds the
quantities in the Work Plan.
3.2 Responsibility of PERFORMING PARTY. In order to receive payment under this
Agreement, the PERFORMING PARTY must fulfill all of the following subparagraphs,
including investigation and enforcement or task handling, direct data entry, and training
for each of the relevant work plan tasks outlined in the approved work plan:
3.2.1 Program. The PERFORMING PARTY shall implement and conduct a program for
each work activity on the approved work plan with listed output greater than zero.
The PERFORMING PARTY shall comply with the requirements of the most recent
TCEQ Records Management procedures, Public Information Request procedures,
and Enforcement procedures, in addition to the guidance documents and policies
on the TCEQ intranet web pages, FODWEB.
3.2.2 Work Plan Activities
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Contract Name: Local Air Program Contract Number: 582-15-50123
3.2.2.1 PERFORMING PARTY shall prepare and submit a detailed proposed
Work Plan in a format approved by the TCEQ. PERFORMING PARTY shall
select the number and type of investigations consistent with the TCEQ
Compliance Monitoring Strategy and effecting maximum benefit for air
pollution control. On-site investigations at the same site in successive fiscal
years may only be conducted if required by the Compliance Monitoring
Strategy or approved by TCEQ. TCEQ may approve all or part of the
activities in the proposed Work Plan. Upon approval of the Work Plan and
list of sources required in 3.2.3.1, the TCEQ Project Manager will issue a
Notice to Proceed with a copy of the approved Work Plan, the list of sources,
and work plan activity code description document. TCEQ will only
reimburse PERFORMING PARTY's costs for approved Work Plan activities.
3.2.2.2 The PERFORMING PARTY shall plan and conduct the number and
type of Work Plan activities identified in the Notice to Proceed. The
Parties may amend the Work Plan through a minor change as described in
the Special Terms and Conditions.
3.2.3 List of Sources. The PERFORMING PARTY shall develop and maintain a list of
sources subject to recurring planned investigations by applying the Compliance
Monitoring Strategy for the Air and Waste Programs, as applicable.
3.2.3.1 Sources of Interest to EPA. The list of air pollution control subject
sources shall include those sources which meet the definition of"Source of
Interest to the EPA" as defined in the Special Terms and Conditions of this
Agreement. The PERFORMING PARTY will submit this list, with the actual
investigation type codes for the past five years and the type code proposed
for the following fiscal year, with the proposed Work Plan by August 1 of
each fiscal year.
The PERFORMING PARTY shall update the list of sources to identify
changes to existing sources and the dates of those changes. The
PERFORMING PARTY shall propose any new sources that should be added
to the list.
3.2.3.2 Stage II list. If approved and directed by the TCEQ the
PERFORMING PARTY shall maintain a list of Stage II facilities. The List of
All Facilities shall identify all motor vehicle fuel dispensing facilities within
the PEFORMING PARTY's territorial jurisdiction where Stage II vapor
recovery equipment was required by TCEQ rules. This list shall be
maintained as the fiscal year progresses, but must be made as accurate as
possible prior to Work Plan development in any fiscal year. The list shall be
maintained throughout the year to include Stage II facilities which were
newly identified, which were identified as closed or no longer in business, or
which were identified as Stage II facilities which had submitted a Stage II
Vapor Recovery Decommissioning 3o-Day Notification and/or which were
identified as Stage II facilities where the Stage II equipment is no longer
present.
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Contract Name: Local Air Program Contract Number: 582-15-50123
3.2.4 All investigations completed by the PERFORMING PARTY shall be entered into
CCEDS in accordance with the TCEQ guidance manuals available on FODWEB.
Unless otherwise specifically stated in writing by TCEQ, an investigation is
considered a "complete work task" only when it is approved in CCEDS. The
PERFORMING PARTY shall only invoice for approved investigations.
3.2.5 Enforcement.
3.2.5.1 The PERFORMING PARTY shall initiate an appropriate enforcement
action on every air violation it detects while performing any investigation
under this Agreement. If the PERFORMING PARTY identifies any non-air
violations, it shall notify the TCEQ Regional Representative in writing so
that the respective regional staff can take any necessary actions to address
the issues.
3.2.5.2 The PERFORMING PARTY shall refer cases requiring consideration
for enforcement action to the TCEQ Enforcement Division within 6o days
from the last day of the investigation in which the violation was
documented, unless a different deadline is established in the Contract
Documents or guidance documents for the enforcement action and related
investigation type.
3.2.5.3 If enabling resolutions as required by Texas Water Code § '7.352 are in
place, the PERFORMING PARTY may bring enforcement actions under
Texas Water Code § '7.351. The PERFORMING PARTY must name TCEQ as
a necessary and indispensable party to any such action, in accordance with
Texas Water Code § 7.353•
3.2.5.4 If approved and directed by TCEQ, the PERFORMING PARTY
shall issue Field Citations in appropriate cases.
3.2.6 Reserved.
3.2.7 Database Usage. Unless otherwise specifically directed, all investigation and
enforcement tasks performed under this Agreement shall be documented in
CCEDS. In addition, all incidents reported to the PERFORMING PARTY shall be
documented in CCEDS. CCEDS documentation shall comply with applicable
guidance documents, including investigation guidance, enforcement guidance,
CCEDS guidance, Field Operations Division Standard Operating Procedures
(FODSOP), and Enforcement Division Standard Operating Procedures (EnfSOP).
3.2.7.1 TCEQ CCEDS Support
3.2.7.1.1 TCEQ will provide phone support (512-239-6231), during normal
business hours, Monday through Friday from 8:0o a.in. to 12:00 p.m
and 1:0o p.m. to 5:00 p.m..,to guide PERFORMING PARTY's
technical personnel in troubleshooting application issues.
3.2.7.1.2 TCEQ will provide technical support, including on-site
support, to correct technical problems in a timely manner.
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Contract Name:Local Air Program Contract Number: 582-15-50123
3.2.7.1.3 TCEQ will install,terminate and maintain the data circuit from
TCEQ to the Point of Presence at the Local Programs site. TCEQ is
responsible for terminating the circuit into the local router. The local
router is owned, operated and maintained by TCEQ.
3.2.7.1.4 TCEQ will configure all TCEQ network software to TCEQ
standards.
3.2.7.1.5 TCEQ will provide information on the TCEQ Wide Area Network
(WAN) and applications to the PERFORMING PARTY as needed.
3.2.7.2 PERFORMING PARTY CCEDS support:
3.2.7.2.1 The PERFORMING PARTY is responsible for extension of
connectivity from the local router to an ethernet switch and
distribution on a local area network to each workstation.
3.2.7.2.2 The PERFORMING PARTY shall configure all network
hardware and software on the segment of their network connected to
the TCEQ WAN in order to maintain compatibility with TCEQ
standards and to assure that TCEQ applications can properly operate
on the network segment.
3.2.7.2.3 The PERFORMING PARTY network segment connected to the
TCEQ WAN shall be a separate and distinct network with no
connections to other Local Area Networks (LANs), WANs or data
circuits.
3.2.7.2.4 The PERFORMING PARTY shall provide a primary and
secondary automation point of contact, responsible for security of the
network and equipment used by PERFORMING PARTY staff,
responding to TCEQ inquiries, requests for network assistance and
communicating automation questions or problems to the TCEQ WAN
manager or TCEQ Automation staff.
3.2.7.2.5 The PERFORMING PARTY shall allow TCEQ technical staff
physical and electronic, and logical network access for application
support and security monitoring of the CCEDS Application.
3.2.7.2.6 The PERFORMING PARTY shall obtain approval from the
TCEQ Information Resources Division, Customer Support Section, at
512-239-4357 prior to making network segment configuration
changes that may negatively impact access to the TCEQ WAN or the
TCEQ applications.
3.2.7.3 New PERFORMING PARTY Staff. PERFORMING PARTY will notify
the TCEQ Regional Representative and the TCEQ Project Manager through
electronic mail of the name, electronic address, phone number, and start
date for any new staff person that will complete any of the requirements of
this Agreement, as early as possible. The TCEQ Project Manager shall
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Contract Name: Local Air Program Contract Number: 582-15-50123
request the TCEQ Information Resource Division to provide the new staff
with appropriate access, including the agency reporting application, CCEDS
reports, Central Registry, and the TCEQ Field Operations Division guidance
on FODWEB.
3.2.7.4 Terminated PERFORMING PARTY Staff. The PERFORMING PARTY
will notify the TCEQ Regional Representative and the TCEQ Project
Manager through electronic mail of the name, electronic address, phone
number, and termination date for any staff person that has completed any of
the requirements of this Agreement who is terminated or removed from
work on this Agreement, as early as possible and no later than one business
day after the termination date. The TCEQ Project Manager shall request the
TCEQ Information Resources Division terminate all access for that person.
3.2.7.5 Quality and Timeliness. Timely, accurate, and complete data entry
related to all Work Plan items is essential. If PERFORMING PARTY's data
entry or reports are delayed because TCEQ data systems are unavailable,the
work will not be considered untimely or deficient.
3.2.7.6 Database Training. At the request of TCEQ, the PERFORMING
PARTY shall attend TCEQ-sponsored database application training. The
PERFORMING PARTY will ensure that its staff is adequately trained and
qualified to perform database work.
3.2.8 Monthly Reporting. The PERFORMING PARTY shall provide monthly reports to
the TCEQ Regional Representative and Project Manager within seven working days
after the end of each calendar month. Reports shall be generated from BOEXI, if
the data is available in that system. Monthly reporting must contain at least:
3.2.8.1 A summary report of progress against the Work Plan specifying the
number and type of Work Plan activities approved for the month and a list
of activities approved for the month to include sources investigated by name,
regulated entity number, and investigation type code.
3.2.8.2 A list of Work Plan revisions made that month with the approval
date and approving parties of each change.
3.2.8.3 A list of enforcement initiated during the month, stating the type of
enforcement, the rules violated, and the resolution.
3.2.8.4 A list of Work Plan tasks approved more than 3o days after the
deadline with an explanation of the delay, and what action has been taken to
minimize similar delays.
3.2.8.5 For each activities approved during the month, the original
investigation report including attachments (or a list of reports, if the TCEQ
Regional Representative and the PERFORMING PARTY agree), and
approved enforcement referral packages, including attachments. A copy of
each report and package shall be retained in the PERFORMING PARTY's
files.
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Contract Name:Local Air Program Contract Number:582-15-50123
3.2.8.6 A list of enforcement actions not completed within the prescribed
timeframe and an explanation for the untimeliness, including the
identification of any violation situation indicated to include a High Priority
Violation that has not or will likely not meet the timeliness requirements.
3.2.8.7 A list of enforcement variance requests described in the most
current version of the TCEQ Enforcement Initiation Criteria guidance
document on FODWEB, and responses to such requests.
3.2.8.8 A current organizational chart, including the date of the latest
revision, and the name and title of all staff utilized for this Agreement.
Vacant positions and the date the vacancy began shall also be included in the
chart. The organizational chart shall only be required in the Monthly Report
if there were changes in any of the information since the last submittal.
3.2.9 Training and qualification for investigators may include:
3.2.9.1 Annual TCEQ Air Investigators Training and Annual PST Stage II
Training, as appropriate.
3.2.9.2 Visible Emissions Evaluator's Certification (required for investigators
who will be making opacity readings using EPA Method 9).
3.2.9.3 Training related to TCEQ database use, when available.
3.2.9.4 Training and certification of Emissions Evaluators performing stack
test pretest meetings, observations and report reviews.
3.2.9.5 Training related to Complaint Investigations and Odor Protocol when
made available to the PERFORMING PARTY.
3.2.9.6 Training related to the TCEQ Field Citation Program. Prior to
implementing the Field Citation Program in accordance with Paragraph
3.2.5.4• of the Scope of Work section, the PERFORMING PARTY shall
obtain training related to the TCEQ Field Citation Program.
3.2.9.7 Training appropriate to maintain the qualifications of the investigator
that performs the assigned tasks listed in the approved Work Plan. A
professional development plan (PDP) shall be maintained for investigators
on an annual basis, and shall be available for review upon request by the
TCEQ. The TCEQ guidance for the types of training and professional
development should be used in the development of the PDP.
3.2.9.8 It shall be the responsibility of the PERFORMING PARTY to identify
and obtain any necessary safety training.
3.2.9.9 Prior approval must be obtained from the TCEQ Project Manager in
order to attend any TCEQ training.
Page 12 of 36
Contract Name: Local Air Program Contract Number: 582-15-50123
3.2.10 Managers or manager-appointed representatives for the PERFORMING PARTY
shall attend TCEQ-sponsored meetings in Austin, Texas, or teleconference calls, as
scheduled.
4. Required Investigation and Enforcement programs:
A complete task under each of these items shall include all of the general requirements of Section
3 of this Scope of Work section and any specific guidance listed below. For all investigation
types:
4.1 The PERFORMING PARTY shall conduct investigations of the listed types within its jurisdiction,
and as identified in the Notice to Proceed. The investigations received or referred to it shall be
completed consistent with the plan of reviewing such reports as described in the TCEQ guidance
documents, policy determinations, and definitions of terms on FODWEB.
4.2 It shall be the responsibility of the PERFORMING PARTY to acquire and maintain the
equipment necessary for the investigation.
4.3The PERFORMING PARTY shall conduct complete enforcement activities within the time
frames established in the various investigation protocols and the Enforcement Initiation Criteria,
being particularly careful to meet any enforcement driven deadlines related to EPA's High
Priority Violation policy that are reflected in the various investigation and enforcement guidance
documents.
Page 13 of 36
Contract Name:Local Air Program Contract Number: 582-15-50123
GENERAL TERMS AND CONDITIONS for
Cooperative Reimbursement Contract for
State Agencies and Local Governments
1. CONTRACT PERIOD
1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration
Date as provided on the Contract Signature Page. If no Effective Date is provided, the
Effective Date of the Contract is the date of last signature. If no Expiration Date is
provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is
signed.
1.2. Amendments. This Contract is not subject to competitive selection requirements and
may be amended by mutual agreement. Except as specifically allowed by the Contract, all
changes to the Contract require a written amendment and agreed to by both parties.
1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for
a period of up to go days. Unless otherwise indicated in the applicable contract
amendment, an extension does not extend any other deadlines or due dates other than the
expiration of the Contract Period.
2. Funds
2.1 Availability of Funds. This Contract and all claims, suits or obligations arising under
or related to this Contract are subject to the receipt and availability of funds appropriated
by the Texas Legislature for the purposes of this Contract or the respective claim, suit or
obligation, as applicable. Performing Party will ensure that this article is included in any
subcontract it awards.
2.2 Maximum Authorized Reimbursement. The total amount of funds provided by
TCEQ for the Contract will not exceed the amount of the Maximum Authorized
Reimbursement as shown on the Contract Signature Page.
2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be
incurred during the Contract Period and within the time limits applicable to the funds
from which the Contract is being paid. TCEQ is under no obligation to offer deadline
extensions which extend to the maximum availability of the contract funding source.
2.4 Grants. If this Contract was entered under the TCEQ's authority to award grants,TCEQ
is providing financial assistance to the recipient to undertake its own project.
2.5 No Debt against the State. This Contract is contingent on the continuing
appropriation of funds. This Contract shall not be construed to create debt against the
State of Texas.
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 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform
Management Standards (UGMS) and applicable state and federal rules and law. The text
of UGMS is available online at the Governor's website. The parties agree that all the
requirements of the UGMS apply to this Contract, including the criteria for Allowable
Page 14 of 36
Contract Name: Local Air Program Contract Number:582-15-50123
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 for performing the Scope of Work. Performing
Party's invoice shall confirm to all reimbursement requirements specified by TCEQ.
4.2. 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.
4.3• No Interest for Delayed Payment. Because the Performing Party is not a vendor of
goods and services within the meaning of Texas Government Code Chapter 2251, no
interest is applicable in the case of late payments.
4.4• 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.
5. Financial Records, Access and Audits
5.1 Audit of Funds. The Performing Parry understands that acceptance of funds under this
Contract acts as acceptance of the authority of the State Auditor's Office, or any successor
agency, to conduct an audit or investigation in connection with those funds. Performing
Party further agrees to fully cooperate with the State Auditor's Office or its successor in
the conduct of the audit or investigation, including providing all records requested.
Performing Party shall ensure that this clause concerning the audit of funds accepted
under this Contract is included in any subcontract it awards.
5.2 Financial Records. Performing Party shall establish and maintain financial records
including records of costs of the Scope of Work in accordance with generally accepted
accounting practices. Upon request Performing Party shall submit records in support of
reimbursement requests. Performing Party shall allow access during business hours to its
financial records by TCEQ and other state agencies for the purpose of inspection and
audit. Financial records regarding this contract shall be retained for a period of three (3)
years after date of submission of the final reimbursement request.
6. Performing Party's Responsibilities
6.1 Performing Party's Responsibility for the Scope of Work. Performing Party
undertakes performance of the Scope of Work as its own project and does not act in any
capacity on behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party
agrees that the Scope of Work is furnished and performed at Performing Party's sole risk
as to the means, methods, design, processes, procedures and performance.
6.2 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.
6.3 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.
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Contract Name: Local Air Program Contract Number: 582-15-50123
6.4 No Third Party Beneficiary. TCEQ does not assume any duty to 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.
7. Time
7.1 Time is of the Essence. Performing Party's timely performance is a material term of
this 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).
8. Conflict of Interest
The Performing Party shall timely notify TCEQ in writing of any actual, apparent, or potential conflict of
interest regarding the Performing Party or any related entity or individual. No entity or individual with
any actual, apparent, or potential conflict of interest shall 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 for cause.
9. Data and Quality
9.1 Quality and Acceptance. All work performed under this Contract must be complete
and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment
shall be handled in accordance with instructions of the applicable supplier, except as
otherwise provided in the Contract.
9.2 Quality Assurance. All work performed under this Contract that involves the
acquisition of environmental data will be performed in accordance with a TCEQ-approved
Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA
requirements. Environmental data includes any measurements or information that
describe environmental processes, location, conditions, ecological or health effects and
consequences. Environmental data includes information collected directly from
measurements, produced from models, and compiled from other sources such as
databases or literature. No data collection or other work covered by this requirement will
be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and, if
necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ
may refuse reimbursement for any environmental data acquisition performed prior to
approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any
other remedies available to TCEQ, Performing Party's failure to meet the terms of the
QAPP may result in TCEQ's suspension of associated activities and non-reimbursement of
expenses related to the associated activities.
9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this
Contract must be prepared by a laboratory that is accredited by TCEQ according to 30
Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in
writing to allow one of the regulatory exceptions specified in 3o Texas Administrative
Code Section 25.6.
10. Intellectual property
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Contract Name:Local Air Program Contract Number:582-15-50123
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-wise 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.
11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING
PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT
ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND,AND
HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS,
AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES,AND
OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT
ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND
AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN,
WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT,
TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS,
REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ
SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY
GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE
TERMINATION OF THE CONTRACT.
12. Termination
12.1 Termination for Cause. TCEQ may,upon providing 10 days' written notice and the
opportunity to cure to the Performing Party,terminate this Contract for cause if
Performing Party materially fails to comply with the Contract including any one or more
of the following acts or omissions: nonconforming work, or existence of a conflict of
interest. Termination for cause does not prejudice TCEQ's other remedies authorized by
this Contract or by law.
12.2 Termination for Convenience. TCEQ may, upon providing 10 days'written notice to
the Performing Party, terminate this Contract for convenience. Termination shall not
prejudice any other right or remedy of TCEQ or the Performing Parry. Performing Party
may request reimbursement for: conforming work and timely, reasonable costs directly
Page 17 of 36
Contract Name: Local Air Program Contract Number: 582-15-50123
attributable to termination. Performing Party shall not be paid for: work not performed,
loss of anticipated profits or revenue, consequential damages or other economic loss
arising out of or resulting from the termination.
12.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had
not materially failed to comply with the Contract, the termination shall be deemed to have
been for the convenience of TCEQ.
13. Disputes, Claims and Remedies
13.1 Payment of a Release. Neither payment by TCEQ nor any other act or omission other
than an explicit written release, in the form of a unilateral amendment, constitutes a
release of Performing Party from liability under this Contract.
13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas
Government Code Chapter 2261 the following Schedule of Remedies applies to this
Contract. In the event of Performing Parry'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 Parry will have a reasonable opportunity to cure its
nonconforming performance, if possible under the circumstances.
13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this
Contract or applicable law does not preclude or limit the exercise of any other remedy
available under this Contract or applicable law.
14. Sovereign Immunity
The parties agree that this Contract does not waive any sovereign immunity to which either parry is
entitled by law.
14.1 Survival of Obligations. Except where a different period is specified in this Contract or
applicable law, all representations, indemnifications, and warranties made in, required by
or given in accordance with the Contract, as well as all continuing obligations indicated in
the Contract, survive for four (4)years beyond the termination or completion of the
Contract, or until four (4) years after the end of a related proceeding. A related proceeding
includes any litigation, legal proceeding, permit application, or State Office of
Administrative Hearings proceeding, which is brought in relation to the Contract or which
in TCEQ's opinion is related to the subject matter of the Contract. Either parry shall notify
the other of any related proceeding if notice of the proceeding has not been provided
directly to that other parry.
15. Contract interpretation
Page 18 of 36
Contract Name: Local Air Program Contract Number:582-15-50123
15.1 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).
15.2 Headings. The headings of the sections contained in this Contract are for convenience
only and do not control or affect the meaning or construction of any provision of this
Contract.
15.3 Delivery of Notice. Notices are deemed to be delivered three (3) working days after
postmarked if sent by U.S. Postal Service certified or registered mail, return receipt
requested. Notices delivered by other means are deemed delivered upon receipt by the
addressee. Routine communications may be made by first class mail, facsimile
transmission, email, or other commercially accepted means.
15.4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are
counted to exclude the first and include the last day of a period. If the last day of the
period is a Saturday or Sunday or a state or federal holiday, it is omitted from the
computation.
15.5 State, Federal Law. This Contract is governed by, and interpreted under the laws of the
State of Texas, as well as applicable federal law.
15.6 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.
15.7 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 Parry from any duty or responsibility under the Contract.
15.8 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.
15.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to the
publication or advertisement of information related to this Contract. Performing Party
agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement
without written permission signed by the appropriate TCEQ authority.
15.10 Waiver. With the exception of an express, written waiver in the form of a unilateral
amendment signed by TCEQ, no act or omission will constitute a waiver or release of
Performing Party's obligation to perform conforming Contract Activities. No waiver on
one occasion, whether expressed or implied, shall be construed as a waiver on any other
occasion.
15.11 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.
15.12 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.
Page 19 of 36
Contract Name: Local Air Program Contract Number: 582-15-50123
15.13 Accessibility. All electronic content and documents created as deliverables under this
Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code
sections 2o6-5o and 213 for state agency web pages, web content, software, and hardware,
unless TCEQ agrees that exceptions or exemptions apply.
Page 20 of 36
Contract Name: Local Air Program Contract Number: 582-15-50123
Notices,Project Representatives and Records Location
CONTRACTNO.582-15-50123 PROJECTTITLE: LOCALAIR PROGRAM
1. Representatives.The individual(s)named below are the representatives of TCEQ and Performing Party.
They are authorized to give and receive communications and directions on behalf of the TCEQ and the
Performing Party as indicated below. All communications including official contract notices must be
addressed to the appropriate representative or his or her designee.
2. Changes in Representatives.Either party may change its representative by unilateral amendment.
3. TCEQ Representatives
TCEQ CONTRACT MANAGER TCEQ PROJECT MANAGER
(for Contractual Matters) (for Technical Matters)
Donna Canady Sandra Mota
Contract Manager Local Air Program Liaison
Texas Commission on Environmental Quality Texas Commission on Environmental Quality
P.O.Box 13087 P.O.Box 13087
MC-174 MC-174
Austin,Texas 78711-3087 Austin,Texas 78711-3087
Telephone No.(512)239-5725 Telephone No.(512)239-1452
Facsimile No.(512)239-2600 Facsimile No.(512)239-2600
Email: Donna.CanadyPtceq.texas.gov Email: Sandra.Mota(a-)tceq.texas.gov
TCEQ REGIONAL REPRESENTATIVE TCEQ REGIONAL REPRESENTATIVE
(for General Air Program Matters) (for Stage II Matters)
Elizabeth Smith Doug Reske
Air Section Manager PST/Stage II Team Work Leader
Texas Commission on Environmental Quality Texas Commission on Environmental Quality
23o9 Gravel Drive 23o9 Gravel Drive
Fort Worth,Texas 76118-6951 Fort Worth,Texas 76118-6951
Telephone No.(817)588-5838 Telephone No.(817)588-5842
Facsimile No. R,7/1//5388-5702 Facsimile No.(817)588-J702
("� 02 im
Email: Elizab th.Smith(&tceg.texas.gov Email: Doug.Reske(@tceg.texas.gov
Page 21 of 36
Contract Name: Local Air Program Contract Number: 582-15-50123
4. Performing Party Representatives.
For Contractual Matters For Technical Matters
(Primary Contact)
Derek Senter CHMM Derek Senter,CHMM
Environmenta Supervisor Environmental Supervisor
TPW/Environmental Management Division TPW/Environmental Management Division
City of Fort Worth City of Fort Worth
i000 Throckmorton Street i000 Throckmorton Street
Fort Worth,TX'76102 Fort Worth,TX 76102
Telephone No.(817)392-5454 Telephone No.(817)392-5454
Facsimile No.(817)3;2-6359 Facsimile No.(8,7)302-6359
Email: Derek.Senter;fortworthtexas.gov Email: Derek.Senter(@fortworthtexas.gov
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:
Ao8 Monroe Street,7th Floor
Fort Worth,TX 76102
Page 22 of 36
Contract Name: Local Air Program Contract Number:582-15-50123
Attachment A Financial
Status Report
(To be submitted quarterly. See Section 1.6 of the Scope of Work.)
Page 23 of 36
Contract Name:Local Air Progrartexas Commission on Environmental Quality Contract Number:582-15-50123
FINANCIAL STATUS REPORT
1. STATE AGENCY ORGANIZATION UNIT
TO WHICH REPORT IS SUBMITTED:
2. GRANT/CONTRACT TITLE:
3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE
ADDRESS, INCLUDING ZIP CODE) :
5. TCEQ CONTRACT NUMBER:
6. FINAL REPORT: YES NO
7. ACCOUNTING BASIS: CASH ACCRUAL
8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT:
FROM TO FROM TO
10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance**
Budget This Report Project Cost
a.Personnel/Salary
b.Fringe Benefits
c.Travel
d.Supplies
e.Equipment
f.Contractual
g.Construction
h.Other
i.Total Direct Costs (Sum a-h)
j.lndirect Costs
k.Total (Sum of i&j)
J- L*List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories.
Please attach receipts, as required, in accordance with Attachment B of your contract.
**Negative balances in any of the budget categories should be explained in a brief accompanying narrative.
11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and
unliquidated obligations are for the purposes set forth in the award document.
Signature of Authorized Certifying Official
Typed or Printed Name and Title
Telephone (Area code, number and ext.) Date Submitted
TCEQ Form 20248 Revised (11/2005) -Page 1 of 6 Page 24 of 36
Contract Name:Local Air Program Contract Number:582-15-50123
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for approval) COST COST
TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 20248) $
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR(NAME) FOR COST(THIS PERIOD) TASKS
TOTAL CONTRACTUAL EXPENDITURES (must agree with line 1 Of on Form 20248)
*LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR
EXPENDITURE.
TCEQ Form 20248 Revised (11/2005)-Page 2 of 6
Page 25 of 36
Contract Name:Local Air Program Contract Number:582-15-50123
ITEMIZATION OF CONSTRUCTION COSTS
CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE COST(THIS PERIOD) TASKS
TOTAL CONSTRUCTION EXPENDITURES(must agree with line 10g on Form 20248) $
"LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
TCEQ Form 20248 Revised (11/2005)- Page 3 of 6
Page 26 of 36
Contract Name:Local Air Program Contract Number:582-15-50123
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for approval) COST COST
rTALSUPPLY EXPENDITURES (must agree with line 10d on Form 20248) $
OTHER EXPENDITURES (during this report period)
NUMBER DESCRIPTION UNIT TOTAL TASKS
PURCHASED COST COST
[TOTAL OTHER EXPENDITURES (must agree with line 1 Oh on Form 20248) $
*LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL
OR EXCEED$500.
TCEQ Form 20248 Revised (1112005)-Page 4 of 6 Page 27 of 36
Contract Name:Local Air Program Contract Number:582-15-50123
ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS
PERSONNEL/SALARY EXPENDITURES (during this report period)
EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS
PERIOD
TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 20248)
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION REASON COST(THIS PERIOD TASKS
TOTAL TRAVEL EXPENDITURES (must agree with line 10c on $
Form 20248)
* SUBSTANTIATING DOCUMENTATION (time sheets,travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM
TCEQ Form 20248 Revised (11/2005)- Page 5 of 6
Page 28 of 36
Contract Name: Local Air Program Contract Number: 582-15-50123
Attachment B
Financial Status Report Instructions
Page 29 of 36
Contract Name:Local Air Program Contract Number: 582-15-50123
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(TCEQ Form 20248) and any required TCEQ Supplemental
20248 forms. Unless directed otherwise in the Contract,the PERFORMING PARTY shall submit such payment request
documents by not later than twenty-one (21) days after the close of each state fiscal year quarter. The reporting periods shall
also correspond to the State of Texas fiscal year quarters(September-November; December-February, March-May; June-
August). Each Financial Status Report shall indicate,for each budget sub-category the PERFORMING PARTY'S project
expenditures for the period in question, the cumulative expenditures with respect to each budget sub-category,and the
balance remaining in each budget sub-category following reimbursement of the amount being requested. A quarterly
Financial Status Report is required even if no expenses were incurred during the report period.
2. All requests for reimbursement of expenditures that fall within either the"Equipment"or"Contractual"categories of the
Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with
respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition,
the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-1, legible
documentation that(1) serves to further identify the specific piece of equipment received or the services provided, (2)clearly
identifies the vendor or subcontractor who provided the equipment or services, and (3) that confirms the reimbursable amount
listed on the form. In the case of equipment purchases,the attached documentation shall be either a purchase order marked
"received/paid"or a vendor-submitted invoice similarly marked. In the case of subcontractor provided services, the
documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due"
amount from previous invoices.
3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the
Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with
respect to the major tasks or objectives, set forth in the Scope of Work,that such expenditures support or satisfy. In addition,
the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248-2, legible
documentation that(1) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who
provided the construction related materials or services, and (3)that confirms the reimbursable amount listed on the form. The
attached documentation shall be either a purchase order marked"received/paid"or an invoice similarly marked. In the case
of subcontractor provided construction services,the documentation shall consist of a dated invoice that shows the amount
billed to the PERFORMING PARTY and any"past due"amount from previous invoices.
4. All requests for the reimbursement of expenditures that fall within either the"Supply"or"Other'categories of the Contracts
Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to
the major tasks or objectives, set forth in the Scope of Work,that such expenditures support or satisfy. In addition,for any
single-listed item or service costing more than $500, the PERFORMING PARTY shall attach, for each reimbursable cost
listed on Supplemental Form 20248-3, legible documentation that(1)serves to further identify the specific items or services,
(2)clearly identifies the vendor or subcontractor who provided the items or services, and (3)that confirms the reimbursable
amount listed on the form. Although issued purchase orders and/or invoices marked "received/paid"represent the preferred
types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or
documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single
orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide
confirming documentation when submitting reimbursement requests to the TCEQ.
5. All requests for reimbursement of expenditures that fall within either the"Personnel/Salary"or"Travel"categories of the
Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and identified with
respect to the major tasks or objectives, set forth in the Scope of Work,that such expenditures support or satisfy. Although
no supporting documentation is required to be attached to Supplemental Form 20248-4 with respect to reported
"Personnel/Salary"expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain
signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With
respect to employee travel, all costs listed on Form 20248-4 must be supported by attached documentation that identifies the
name of the traveler's, and that substantiates the reported reimbursable costs. Documentation,for the purpose of
substantiating travel-related costs, includes the following: (1) legible copies of the PERFORMING PARTY-approved travel
vouchers,signed by the employees who traveled, and (2)for any travel-related expenses under this contract borne directly
by the PERFORMING PARTY(and thus for which reimbursement by the PERFORMING PARTY to the traveler was not
required)separate receipts showing, at a minimum,the traveler's name,the travel location, and the travel date(s).
6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not
breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order,the
various tasks or objectives supported.
Form Instructions-Page 6 of 6
Page 30 of 36
Contract Name:Local Air Program Contract Number:582-15-50123
Attachment C
Cost Budget
(To be filled out within 3o days after the beginning of each fiscal year.
See Section 1.4 of the Scope of Work.)
Page 31 of 36
Contract Name:Local Air Program Contract Number:582-15-50123
Attachment C
Cost Budget - Matching Funds
Cooperative Reimbursement Contract for
State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
Budget Category Total Project Costs
Salary/Wages $
Fringe Benefits $
Travel $
Supplies $
Equipment $
Contractual $
Construction $
Other $
Total Direct Cost $
Indirect Cost $
Other In-kind Contributions $
Total Project Cost $
Cost Share(33%) $
TCEQ Reimbursement Amount(up to 67%) $
2. Matching Funds. This Contract requires matching funds.
Performing Party must match TCEQ expenditures by contributing 33% of the Total Project Cost as shown
above. Each invoice must demonstrate that the Performing Party is contributing the required match for
the period specified on the invoice.
3. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is %of
(check one):
❑ salary and wages
❑ modified total direct costs
❑ other direct costs base
Page 32 of 36
Contract Name: Local Air Program Contract Number: 582-15-50123
If other direct cost base, identify:
This rate is less than or equal to (check one):
❑ approved predetermined rate
❑ experienced-based predetermined rate
❑ default rate
4. Other. If Budget Category"Other" is greater than $25,000 or more than 10 of budget total,
identify the main constituents:
5. Budget Categories. The Budget Categories above have the definitions, requirements and
limitations stated in UGMS. Construction costs are not reimbursable without prior, specific
written authorization from TCEQ.
6. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to
the TCEQ individual named in Project Representatives and Records Location at monthly intervals.
Final invoices shall be submitted within two (2) calendar months after completing the Scope of
Work activities. TCEQ may extend this deadline by unilateral contract agreement.
7. Grant Chargeback Invoices. In the case of an invoice for grant activities being paid during the
second fiscal year for which the funds were appropriated, ALL INVOICES MUST BE SUBMITTED
IN SUFFICIENT TIME FOR TCEQ REVIEW, NECESSARY CORRECTIONS, TCEQ APPROVAL,
AND SUBSEQUENT PRESENTATION TO THE COMPTROLLER BEFORE THE END OF THE
FISCAL YEAR.
8. Travel. In order to be reimbursable, travel costs must be specifically authorized in advance of the
travel. Travel costs, including per diem,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.
9. Supporting Records. Performing Party shall submit records and documentation to TCEQ as
appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without
appropriate supporting documentation. TCEQ has the right to request additional documentation.
Performing Party shall maintain records subject to the terms of this Contract.
io.Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate
shown 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
UGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect
costs, Performing Party is contributing its unreimbursed indirect costs to the successful
performance of this Contract, and waives any right it may have to reimbursement of those costs (if
this Contract requires matching funds, Performing Party may claim its unreimbursed indirect
costs as part or all of its match).
ll. Indirect Rates Authorized under UGMS. The following rates are authorized under
UGMS:
11.1 Approved Predetermined Rate. An approved predetermined rate is an
indirect cost rate agreed to within the preceding 24 months in a signed indirect
Page 33 of 36
Contract Name: Local Air Program Contract Number: 582-15-50123
rate negotiation agreement with the applicable federal cognizant agency, state
single audit coordinating agency, major state funding agency, or another state
agency designated by the Governor. An approved predetermined rate shall be
expressed as a percentage of the direct cost base specified in the signed
indirect rate negotiation agreement.
11.2 Experience-Based Predetermined Rate. An experienced-based predetermined rate
is an indirect cost rate agreed to between TCEQ and Performing Party, where there is no
approved predetermined rate and there is sufficient cost experience and other pertinent
facts to enable the parties to reach an informed judgment (a) as to the probable level of
indirect costs in the Performing Parry's programs during the term of the Contract, covered
by the negotiated rate, and (b)that the amount allowable under that rate would not exceed
actual indirect costs. An experience-based predetermined rate shall be expressed as a
percentage of either (a) salary and wages, or (b) modified total direct costs. Modified total
direct costs are total direct costs less "extraordinary or distorting expenditures," usually
capital expenditures, subawards, contracts, assistance payments (e.g., to beneficiaries), and
provider payments. The direct cost base selected should result in the fair distribution of
indirect costs among all state and federal grants and contracts affected, as well as other
Performing Parry activities that share in the indirect costs.
11.3 Default Rate. A default rate is an indirect of ten percent (io%) of direct salary and wages,
to be used where (a) there is no approved or experienced-based predetermined rate, and (b)
the Performing Party represents that its actual indirect costs equal or exceed ten percent
(io%) of salary and fringe.
12.Adjustment of Indirect Rates. A reimbursable rate is intended to be final. Performing Parry
acknowledges that TCEQ's budget is limited and funds may not be available to reimburse any
increase in indirect costs. Performing Party waives any right it may have to upward adjustment of
its indirect rate, and agrees to contribute any such increase to the successful performance of this
Contract (if matching funds are required, Performing Party may claim such costs as all or part of
its match). TCEQ waives any right it may have to a downward adjustment of Performing Party's
indirect rate, unless the reimbursable rate is greater than the Performing Parry's actual indirect
costs. If the latter case, if reasonably feasible, a compensating adjustment shall be carried forward
to this Contract or a future contract. If not feasible, where permitted by law TCEQ and Performing
Parry may identify additional services to be performed by Performing Parry as a compensating
adjustment, or Performing Parry shall reimburse TCEQ the excess indirect costs paid.
Page 34 of 36
Contract Name: Local Air Program Contract Number: 582-15-50123
Attachment D
Sample Work Plan
(Draft to be submitted by August ist of each fiscal year.
See Section 1.9 of the Scope of Work.)
Page 35 of 36
Contract Name:Local Air Program Contract Number:582-15-50123
Work Plan Form for Local Air Programs
Local Government:
Contract Number:
Date Submitted:
Fixed
Payment
Amount
Item Unit Quantity per Unit Total
EPA CMS—OPCC
EPA CMS—SPCI
COMPLAINTS—AIRCOMPL
ENFORCEMENT FOLLOW-UP—
AIRFIIH
ENFORCEMENT FOLLOW-UP-
AIRFIOS
OTHER—AIR MNSR
OTHER-AIRRCSPON
OTHER—BD04CH114
OTHER—NMCL
OTHER—NMNC
OTHER—PMPRCH116
OTHER—PMSh16IH
OTHER-PMSI1i6ON
OTHER—POSIii6ON
OTHER ACTIVITIES—Investigation
Quality Review
STAGE II—TOB
STAGE II—CEI
STAGE II—CSE
STAGE II-RR
WORK PLAN TOTAL $xxx,xxx.xx
The Fixed Payment Amounts are the nearest practicable estimate of the share of the allowable costs of each Item that
is reimbursable by TCEQ under this Agreement.
The Items are defined in the FY15 Work Plan Activities Definitions document.
Page 36 of 36
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/22/2014 - Ordinance No. 21336-07-2014
DATE: Tuesday, July 22, 2014 REFERENCE NO.: **C-26868
LOG NAME: 20TCEO COMPLIANCE GRANT FY15
SUBJECT:
Authorize Execution of a State Funded Grant Agreement with the Texas Commission on Environmental
Quality for Fiscal Year 2014-2015 Compliance Monitoring for Air Quality, Authorize In-Kind Match in the
Amount of$135,563.00, Apply Indirect Costs at Approved Percentage Rate for the Total Project in the
Amount of $410,796.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a State Funded Grant Agreement with the Texas
Commission on Environmental Quality for the City to provide air pollution control services
within the City of Fort Worth and accept the grant funds in the amount of$275,233.00;
2. Authorize the use of$135,563.00 from the General Fund as an in-kind match for this Agreement;
3. Apply an indirect cost rate of up to 21.48 percent in accordance with the terms of the State
Funded Grant Agreement; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Fund in the amount of$410,796.00 in Fiscal Year 2014-2015.
DISCUSSION:
Since Fiscal Year 1991-1992, the City has entered into an annual Agreement with the Texas Commission
on Environmental Quality (TCEQ) for the City to provide certain air pollution control services within Fort
Worth. The services provided include complaint investigation, new source review and comment, annual
inspections at select major Volatile Organic Compound (VOC) sources, used car dealership inspections,
and Stage II Vapor Recovery System inspections at area gas stations.
This Agreement period begins September 1, 2014 and ends August 31, 2015, with a limit of$275,233.00
for reimbursement of expenses to the City of Fort Worth with the option to renew the Agreement for three
additional one year periods upon written consent of the parties by an amendment to this Agreement. This
Agreement requires an additional in-kind match of$135,563.00. The City must provide matching funds
such that the combined federal and state share of the total funding for the City of Fort Worth Local Air
Program shall not exceed 67 percent. A portion of the Air Quality Section's General Fund Budget for
Fiscal Year 2014-2015 will be used for the required in-kind match.
Upon approval and acceptance of the grant, City funds will be expended before receipt of grant funds.
This project is located in ALL COUNCIL DISTRICTS.
Logname: 20TCEQ COMPLIANCE GRANT FYI Page 1 of 2
.r
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director 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, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1) GR76 488279 000412725000 $135.563.00
1) GR76 451543 020412725000 $275,233.00
1) GR76 5(VARIOUS) 020412725010 $275.233.00
1) GR76 517040 020412725020 $135,563.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Michael A. Gange (6569)
ATTACHMENTS
1. 20TCEQ COMPLIANCE GRANT FY15 A014.doc (Public)
2. 582-15-50123 Interagency Contract Agreement with the City of Ft Worth.pdf (CFW Internal)
Logname: 20TCEQ COMPLIANCE GRANT FYI Page 2 of 2