HomeMy WebLinkAboutC2025-059 - 4/15/2025 - Approved Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390
INTERLOCAL COOPERATION AGREEMENT BETWEEN
TEXAS A&M UNIVERSITY-CORPUS CHRISTI AND
THE CITY OF CORPUS CHRISTI
State Agency Grant Number
Texas Commission on Environmental Quality 582-24-01390
Subrecipient Subrecipient Grant Amount
Texas A&M University—Corpus Christi Award#582-24-01390: $ 125,551.00
Subrecipient UEI
Y3RET2XN41S5 Total Grant Funds Awarded: $125,551.00
Grant Issuance Date(Start Date) Grantee Match Amount Required
Upon Execution of Agreement Award#582-24-01390: $0.00
Total for all State Fiscal Years:$0.00
Grant Expiration Date(End Date) Match Percentage Required:0%
December 31,2025
Grant Authority Grant Description
Texas Water Code§5.124 The Performing Party will implement all grant activities in
Grantee order to monitor ozone and inventorying emissions,as
City of Corpus Christi required in Rider 7,Texas Commission on Environmental
Quality,Article VI of the General Appropriations Act of the
88th Legislature.
Agreement Purpose
The Texas A&M University-Corpus Christi("Subrecipient")and the City of Corpus Christi("City")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 Subrecipient and
the City;(b)this Contract consists of all documents specified in the list of 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.
Subrecipient is an institute of higher education.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A,Contract with Grantor
2. Exhibit B,Statement of Work
3. Exhibit C,Approved Budget
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment,such conflict or
inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit A,Contract with Grantor
2. Exhibit B,Statement of Work
Principal Representatives
For the Grantee: For Subrecipient:
Dante Gonzalez,Ph.D. J.David Felix,Ph.D.
City of Corpus Christi Texas A&M University—Corpus Christi
1702 Horne Road 6300 Ocean Drive,NRC#2200
Corpus Christi,TX 78416 Corpus Christi,TX 78412
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SCANNED
Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#:582-24-01390
INTERLOCAL COOPERATION AGREEMENT BETWEEN
TEXAS A& M UNIVERSITY-CORPUS CHRISTI AND
THE CITY OF CORPUS CHRISTI
WHEREAS,Texas A&M University-Corpus Christi("Subrecipient")and the City of Corpus Christi("City")are
authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract (the
"Agreement");
WHEREAS,Subrecipient has been a partner in the City's air quality planning activities for the Coastal Bend Region
through Subrecipient's Pollution Prevention Partnership program;
WHEREAS,the City desires to continue its partnership with Subrecipient in this effort;
WHEREAS, the Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities includes
identifying sources of emissions,the development of pollution prevention strategies for reducing emissions,other
action plans for improving the Corpus Christi area air quality and maintain compliance with federal ozone standards;
WHEREAS, the 88th Texas legislature at Article VI of the General Appropriation Act ("Rider 7") made funds
available to the Texas Commission on Environmental Quality("TCEQ")to conduct air quality planning activities
in areas considered to be near non-attainment;
WHEREAS, the City entered into a State Funded Grant Agreement ("Grant"), Contract No. 582-24-01390 with
the Texas Commission on Environmental Quality("TCEQ")for air quality planning activities in areas considered
to be near non-attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which
activities may include without limitation identifying, inventorying, and monitoring of current pollution levels;
modeling future pollution levels and the identification and quantification of potential pollution reduction through
voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling
approaches and infrastructure,and conduct air quality planning activities in the Coastal Bend Region;
WHEREAS,an element of the City's proposal for the Grant was Subrecipient's proposed "Corpus Christi Ozone
Near Nonattainment Area Research and Planning Activities" as a continuation of the City's Regional Air Quality
Program;
WHEREAS,the grant provides funding for Corpus Christi Ozone Near Nonattainment Area Research and Planning
Activities and other types of air quality planning activities and projects that the City,in cooperation with its partners,
will complete by December 31,2025;
WHEREAS, Subrecipient has received a copy of TCEQ Contract No. 582-24-01390, including the Statement of
Work,and agrees that it can perform the work in accordance with the Statement of Work;and
WHEREAS, the technical support contemplated by this Agreement is of mutual interests and
benefit to Subrecipient and City; it will further the status, the instructional and research objectives of
Subrecipient,in a manner consistent with its status as an agency of the State of Texas; and it will help the
City accomplish objectives of its "Ozone Advance Intergovernmental Agreement" with the United States
Environmental Protection Agency("EPA")and TCEQ;
NOW,THEREFORE,the parties hereto agree as follows;
1. GRANT SUBCONTRACT.Both the City and Subrecipient acknowledge that this Agreement is a subcontract
to the City's Grant from TCEQ (TCEQ Contract No. 582-24-01390) and that the terms and conditions of the
Grant control the administration and execution of this contract.
a. The TCEQ Grant No.582-24-01390 is incorporated into this Agreement by reference and is attached.
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Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#:582-24-01390
A copy of TCEQ Contract No. 582-24-01390 has been provided to Subrecipient.
b. In the event any provision of this Agreement conflicts with terms of the Grant,the terms of the Grant
control the administration and execution of this Agreement.
c. Subrecipient agrees to comply with all requirements imposed by TCEQ that are applicable to
subcontractors.
d. Subrecipient agrees to conduct all of its activities in compliance with the terms of the Grant,and not
to take any action that would cause or contribute to the City defaulting upon the terms of the Grant.
e. Subrecipient shall be responsible for the professional quality,technical accuracy, timely completion
and the coordination of all services and other work furnished by Subrecipient under this Agreement.
Subrecipient must perform the work in conformity with the standards and guidance documents
provided by the TCEQ,the City and TCEQ may withhold reimbursement for costs of non-conforming
work.
2. STATEMENT OF WORK. Subrecipient agrees to use its best efforts to perform Tasks 1-4 in the Statement
of Work in Exhibit B by December 31,2025.
3. PRINCIPAL INVESTIGATORS. The program will be supervised by Dr. J. David Felix, of the College of
Science—Physical and Environmental Sciences. If, for any reason, Dr. Felix is unable to continue to serve as
Principal Investigator, and a successor acceptable to both Subrecipient and the City is not available, the
Agreement shall be terminated as provided in paragraph 8.
4. PERIOD OF PERFORMANCE. The program shall be conducted from the execution date of the contract
through December 31,2025.
5. FINANCIAL AND ADMINISTRATIVE MANAGEMENT. The Subrecipient assures that the fund
accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to
assure adequate internal fiscal controls,proper financial management,efficient disbursement of funds received,
and maintenance of required source documentation for all costs incurred. These principles must be applied for
all costs incurred whether charged on a direct or indirect basis.
6. PRICE AND PAYMENT. As compensation for the performance of the Agreement, the City agrees to
reimburse Subrecipient up to$125,551.00 for expenses authorized under the Grant,as seen in Exhibit C.
a) The City will reimburse Subrecipient in accordance with the applicable Budget for the Project,and all
subsequently authorized budget revisions or budget amendments to that budget,and in a total Contract
amount not to exceed$125,551.00.
b) The City's obligations under this Contract are contingent upon the actual receipt of adequate General
or Grant Fund revenue,as applicable,to meet City's liabilities under this Contract. If the City does not
receive sufficient funds to make payments pursuant to this Contract or if the award of Grant Funds is
reduced, then City, at its sole discretion, may elect to terminate this Contract or reduce the Scope of
Work and compensation associated with the applicable Project. City shall notify Subrecipient in
writing of its determination within a reasonable time.
c) The City shall have no liability to compensate Subrecipient for the delivery of any goods or the
performance of any services that are not specifically set forth in this Agreement.
d) Allowable Costs means those costs which are necessary, reasonable and allowable under applicable
federal, state, and local law for the proper administration and performance of the services to be
provided under this Contract. The City's payment obligation under this Contract is limited to making
payments for Allowable Costs incurred as a direct result of City-funded services provided by
Subrecipient in accordance with this Contract and consistent with budgeted categories in the applicable
Budget. Approved Budget Revisions(total Project Budget remains the same)and Budget Amendments
(an increase or decrease to the total Project Budget) supersede prior budget documents and all
references to the Budget mean the last revised,approved budget.
e) All contractual expenditures reimbursed with funds provided under this Agreement shall meet all
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Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390
procurement laws and regulations applicable to Subrecipient and the Uniform Grant Management
Administration and the Uniform Grants Management Standards. Note that competitive bidding will
generally be required for contracts with entities other than local governments and state and federal
agencies.Note also that the Common Rule of OMB Circular A-102,as adopted in the UGMS,precludes
the use of the cost plus a percentage of cost of contracting.
f) All unspent grant funding will expire after the period of performance,as indicated in Exhibit A,unless
otherwise approved by the Grantor.
g) All expenditures must be supported by appropriate source documentation. Only actual, approved,
allowable expenditures will be permitted.
h) Subrecipient shall submit to City all final requests for payment no later than 30 days from the expiration
date of this Contract(no later than January 30,2026).
i) Any changes to the approved budget in Exhibit C need prior approval from the City. Any expenses
that are not on the approved budget will not be reimbursed.
j) Any payment made by either the City or Subrecipient for any of the services provided pursuant to this
Agreement shall be made out of current revenues available to such parties as required by the lnterlocal
Cooperation Act.All funding obligations of Subrecipient and the City under this Agreement are subject
to the appropriation of funds by each entity in its annual budget.
k) Subrecipient shall forward any proposed sub-agreement providing for the performance of services
under this Agreement to the City prior to execution of the sub-agreement.Neither the City's nor TCEQ's
failure to question a sub-agreement nor its subsequent withdrawal of any questions raised regarding
sub-agreement shall in any way imply the City's or TCEQ's approval of the sub-agreement's purpose
or method of procurement of the sub-agreement.Further,the terms of this provision do not in any way
restrict the City's and TCEQ's rights under this Agreement or the Grant to subsequently refuse
reimbursement for expenses incurred pursuant of the sub-agreement. Subrecipient may require a bid
bond to protect the local and state interests by assuring that the bidder will, upon acceptance,execute
all required contractual documents within the time period specified.
1) Invoices for compensation shall be submitted to the following address:
City of Corpus Christi
Attn:Dante Gonzalez
1702 Horne Road
Corpus Christi,TX 78416
danteg@cctexas.com
CC:katherines3na,cctexas.com and alyssar4na,cctexas.com
m) Subrecipient shall submit monthly invoices to City no later than the 15th of the following month in a
form acceptable to the City. The City shall pay within 30 days of receipt and approval by the Director.
7. DELIVERABLES. The deliverables required under this Agreement are specified in Exhibit B the Statement
of Work.
8. TERMINATION. Performance under this Agreement may be terminated by the City upon sixty days'written
notice. Performance may be terminated by Subrecipient, if circumstances beyond its control preclude
continuation of the Program. Upon termination, Subrecipient will be reimbursed for costs and non-cancelable
commitments incurred in the performance of the program, that are reimbursable under the Grant. However,
reimbursement may not exceed the total estimated cost specified in Exhibit C.
9. INTELLECTUAL PROPERTY.
a. Royalties and patent fees. Subrecipient shall pay all license fees,royalties and assume all costs incident to
the use or possession in performance of the Work or incorporation in Work of any Intellectual Property.
b. Disclosure of Intellectual Property Produced while completing the Statement of Work. Subrecipient shall
promptly notify the City and TCEQ of all Intellectual Property that Subrecipient or Subrecipient's
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Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390
employees,subcontractors, or subcontractor's employees may produce,either solely or jointly with others
during the course of the completion of the Statement of Work. In addition, Subrecipient shall promptly
notify the City and TCEQ of all intellectual property which Subrecipient may acquire in connection with
the performance of the work.Any notification under this paragraph shall contain sufficient technical detail
to convey a clear understanding of the intellectual property,and shall identify any publication,sale,public
use,or impending publication.Promptly upon request Subrecipient shall supply additional information as
the City and TCEQ may request.
c. Failure to Protect Intellectual Property.If Subrecipient fails to protect any intellectual property produced in
the course of performing the work, the City and TCEQ shall have full authority to protect, assume and
retain all intellectual property rights in any and all intellectual property.
d. Non-Interference with Intellectual Property Rights of City and TCEQ. Subrecipient agrees that its agents
and its employees shall not in any manner use, sell, distribute, disclose or otherwise communicate any
portion of intellectual property owned by or licensed to the City or TCEQ, except in the course of
performing the work, unless Subrecipient has independent intellectual property rights to the intellectual
property.
e. Grant license. With respect to any intellectual property as is (i) incorporated in the work ( other than
intellectual property for which the City and TCEQ already possess equal or greater intellectual property
right by virtue of this Agreement or otherwise) or (ii) produced by Subrecipient or Subrecipient's
employees, subcontractors, or subcontractor's employees during the course of performing the work,
Subrecipient hereby grants to the City and TCEQ(i)a nonexclusive,perpetual,irrevocable,enterprise-wide
license to reproduce,publish,or otherwise use the intellectual property and associated use documentation,
and (ii) a nonexclusive, perpetual irrevocable enterprise-wide license to authorize others to reproduce,
publish,or otherwise use Intellectual property for the City's and TCEQ's purposes.
f. Modification; Derivative Works. The City and TCEQ shall have the right at their own discretion, to
independently modify any intellectual property to which license is granted for the City and TCEQ's own
purposes and use, through the services of its own employees or independent contractors. The City and
TCEQ shall own all intellectual property right to the modifications. Subrecipient shall not incorporate any
modifications into its intellectual property for distribution to third parties unless it first obtains a license
from the City or TCEQ.
g. Compliance with Applicable Laws and Regulations,Subrecipient shall comply with all laws and regulations
relating to intellectual property.
h. Warranties relating to Intellectual Property Rights. Subrecipient represents and warrants to the City and
TCEQ that Subrecipient will not infringe any intellectual property right of any third party. Subrecipient
further represents and warrants to the City and TCEQ that in the course of performing the work it will not
use or possess any intellectual property owned by a third party without paying any required royalty or patent
fees. Subrecipient warrants that it has full title in and ownership of intellectual property and any
enhancements, updates or other modifications, or that it has full power and authority to grant all licenses
granted in this Agreement, and that the licensed used by the City and TCEQ will in no way constitute an
infringement or other violation of any intellectual property right of any third party. Subrecipient warrants
that it shall have, throughout any applicable license term under this Agreement, free and clear title to, or
the right to possess,use, sell,transfer, assign, license, or sublicense products that are licensed or provided
to the City and TCEQ by Subrecipient. Except as permitted in this Agreement and the Grant, Subrecipient
shall not create or permit the creation of any lien,encumbrance,or security interest in the work or any part
thereof, or any product licensed or provided to the City and TCEQ for which title has not yet passed to the
City and TCEQ,without prior written consent of the City and TCEQ. Subrecipient represents and warrants
to the City and TCEQ, that neither it nor any other company or individual performing work is under any
obligation to assign or give to any third party any intellectual property rights granted or assigned to the City
and TCEQ,or reserved by the City and TCEQ,under this Agreement and the Grant.
9. RELEASE OF INFORMATION. Subrecipient shall acknowledge the City and TCEQ, the Subrecipient
investigator, the nature of the program, and the dollar value of the Agreement in Subrecipient records and
reports.Any reports and other documents completed as part of this Agreement,other than documents prepared
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Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390
exclusively for internal organizational use by Subrecipient,shall carry the following notation on the front cover
or title page.
"PREPARED IN COOPERATION WITH TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND
THE CITY OF CORPUS CHRISTI"
10. TITLE TO EQUIPMENT.Subject to the obligations and conditions set forth in this Agreement and the Grant,
title to all equipment acquired under this Agreement shall vest, upon acquisition or construction, in
Subrecipient.
a. Subrecipient agrees to conduct physical property inventories annually,to maintain property records and
necessary control procedures, and to provide adequate maintenance with respect to all equipment
acquired under this Agreement.
b. Subrecipient may develop and use its own property management system which must conform to all
applicable State and Local laws,rules and regulations.If an adequate system for accounting for personal
property owned by Subrecipient or its subcontractors is not in place or currently in use, Subrecipient
shall contact the State of Texas Comptroller of Public Accounts and request the State Property
Accounting User's Guide(#96-418)and the State Property Class Code List.Subrecipient agrees to use
these as guides for establishing a property management system.
c. Property records must be maintained that include a description of the property,a serial number or other
identification number,the source of property, who hold title, the acquisition date, and the cost of the
property,percentage of federal participation in the cost of property,the location,use and condition of
the property, and any ultimate disposition data including the date of disposal and sale price of the
property.
d. A physical inventory of all equipment acquired or replaced with funds provided under this Agreement
having an initial purchase price of One Thousand Dollars($1,000)or more,shall be conducted no less
frequently than once a year and the results of the inventories reconciles with the appropriate property
records. Property control procedures utilized by Subrecipient shall include adequate safeguards to
prevent loss, damage, or theft of acquired property. Any loss, damage or theft shall be investigated.
Subrecipient agrees to develop and carry out a program of property maintenance as necessary to keep
both originally acquired and any replaced property in good condition, and to utilize proper sales
procedures to ensure the highest possible return,in the event the equipment is sold.
e. Use of Equipment Acquired with Funds Provided Under this Agreement.
1) Equipment shall be used by Subrecipient or its subcontractors in the program or project for which
it was acquired as long as needed,whether or not the project program continues to be supported by
state funds.When no longer needed for the original program or project,the equipment may be used
in other activities currently or previously supported by a federal or state agency.
2) Subrecipient or its subcontractors shall also make equipment available for use on other projects or
programs currently or previously supported by the federal or state government, providing the use
will not interfere with the work on the projects or program for which it was originally acquired.
First preferences for other use shall be given to other programs or projects supported by the
awarding agency.
3) When acquiring replacement equipment,Subrecipient or its subcontractors may use the equipment
to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the
replacement property, subject to the approval of the awarding agency.
f. Disposition of Equipment Acquired with Funds Provided Under this Agreement. When the original
or replacement equipment is no longer needed for the original project or program or for other activities
currently or previously supported by a federal or state agency, disposition of the equipment may be
made as follows:
1) Equipment with a current per-unit fair market value of less than $1000 may be retained, sold or
otherwise disposed of with no further obligation to the TCEQ.Methods used to determine per-unit
fair market value must be documented,kept on file and made available to the TCEQ upon request.
2) Equipment with a current per-unit fair market value of$1,000 or more must be disposed of as
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Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#:582-24-01390
follows:
a) Prior to the termination date of this Agreement, Subrecipient and its subcontractors must
notify the TCEQ. TCEQ may require Subrecipient or subcontractors to transfer title and
possession to the equipment to the TCEQ or a third party named by the TCEQ or may
alternatively authorize disposition by sale,transfer or in another manner.
b) If,within six years of the initiation date of the Agreement,equipment is sold or transferred,
Subrecipient must remit to TCEQ a share of the proceeds from the sale,provided the fair
market, per-unit value of the property at the time of the sale is in excess of one thousand
dollars($1,000). The TCEQ's share of the sale proceeds shall be the same percentage as
was the funding provided under this Agreement that enabled the original purchase in
question.
11. NOTICES.All notices to the parties under this Agreement shall be in writing and sent to the names and address
stated below. Either party to the Agreement may change the name and address by notice to the other in
accordance herewith,and any change shall take effect immediately upon receipt of the notice.
Texas A&M University-Corpus Christi
Attn:Kimberly Hawkenson
6300 Ocean Drive,Unit 5844
Corpus Christi,TX 78412
City of Corpus Christi
Attn:Dante Gonzalez,Ph.D.
1702 Horne Road
Corpus Christi, TX 78416
12. Export Administration.
a. It is understood that Subrecipient is subject to United States laws and regulations controlling the export of
technical data, computer software, laboratory prototypes and other commodities, and that its obligations
under this Agreement are contingent upon compliance with applicable United States export laws and
regulations. Furthermore, it is understood that the transfer of certain technical data and commodities may
require a license from one or more agencies of the United States Government.
b. Both Subrecipient and City hereby agree and warrant that the program and development contemplated
under this Agreement, and any exchange of technical data, computer software or other commodities
resulting from this Agreement, shall be conducted in full compliance with the export control laws of the
United States.
13. LIABILITY.IT IS UNDERSTOOD THAT THE CITY SHALL NOT BE LIABLE FOR ANY CLAIMS
AGAINST SUBRECIPIENT, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN CITY'S
EMPLOYEES, FOR DAMAGE RESULTING FROM OR ARISING OUT OF THE ACTIVITIES OF
SUBRECIPIENT PERSONNEL UNDER THIS AGREEMENT, AND SUBRECIPIENT AGREES, TO
THE EXTENT PERMITTED BY SECTION 49, ARTICLE Ill OF THE CONSTITUTION OF THE
STATE OF TEXAS, TO HOLD CITY HARMLESS FROM ANY AND ALL CLAIMS. IT IS ALSO
UNDERSTOOD THAT SUBRECIPIENT SHALL NOT BE HELD LIABLE FOR ANY CLAIMS
AGAINST CITY'S EMPLOYEES, OF DAMAGE RESULTING FROM OR ARISING OUT OF
ACTIVITIES OF THE CITY OR ITS EMPLOYEES, AND CITY AGREES, TO THE EXTENT
PERMITTED BY SECTION 49,ARTICLE Ill OF THE CONSTITUTION OF THE STATE OF TEXAS,
TO HOLD SUBRECIPIENT HARMLESS FROM ANY AND ALL CLAIMS.
14. INDEPENDENT CONTRACTOR. For the purpose of the Agreement and all services to be provided under
this Agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or
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Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#:582-24-01390
employees of the other party. Neither party shall have authority to make any statements, representations or
commitments of my kind, or to take any action which shall be binding on the other party, except as may be
explicitly provided for in this Agreement or authorized in writing.
15. ASSIGNMENT AND SUBCONTRACTING.
a. Subrecipient shall not assign nor transfer Subrecipient's interest in this Contract or any portion thereof
without the written consent of the City, and if applicable,the Grantor of the grant source. Any attempt to
transfer,pledge or otherwise assign shall be void ab initio and shall confer no rights upon any third person
or party.
b. None of the work or services covered by this Contract shall be sub-contracted without the prior written
consent of the City and Grantor of the grant source, if so, required by said Grantor. Any work or services
for sub-contracting hereunder,shall be sub-contracted only by written Contract,and unless specific waiver
is granted in writing by City, shall be subject by its terms to each and every provision of this
Contract. Compliance by sub-contractors with this Contract shall be the responsibility of
Subrecipient. Subrecipient agrees that payment for services of any sub-contractor shall be submitted
through Subrecipient,and Subrecipient shall be responsible for all payments to sub-contractors.
c. Subrecipient must comply with all applicable local, state and federal procurement standards, rules,
regulations and laws in all its sub-contracts related to the work or funds under this Contract. It is further
agreed by the Parties that the City has the authority to monitor, audit, examine, and make copies and
transcripts of all subcontracts,as often as deemed appropriate by the City. If, in the sole determination of
the City,it is found Subrecipient failed to comply with this Section,then Subrecipient will be deemed to be
in default of this Contract,and as such,this Contract will be subject to termination.
d. Licenses and Training for Subcontractors. Subrecipient warrants and certifies that Subrecipient's
subcontractors have the requisite training,license or certification to provide the services required under this
Contract, and that they meet all competency standards promulgated by relevant authoritative bodies, as
applicable to the services provided hereunder.
e. Subrecipient certifies that its subcontractors are not presently debarred, suspended or proposed for
debarment,declared ineligible or voluntarily excluded from participation in any state or federal program.
16. AMENDMENTS AUTHORIZED.
a. The representatives who were authorized to sign this Agreement are authorized to execute minor
amendments to this Agreement,such as changes in deadlines and minor changes in the scope of work.
b. Any amendments to this Agreement resulting from amendments to the Grant that increases the scope of
work under this Agreement due to TCEQ's award of additional funding to the City as a result of the
Statement of Work prepared by Subrecipient under this Agreement must be authorized by the City Council
and the funds appropriated before an amendment to this Agreement is executed.
c. Any amendments to this Agreement increasing or decreasing the amount the City is obligated to pay
Subrecipient by more than $25,000 must be authorized by the City Council before an amendment to this
Agreement is executed.
17. SEVERABILITY. If any of the provisions of the Agreement in the application thereof to any person or
circumstance,is rendered or declared illegal for any reason,or shall be invalid or unenforceable,the remainder
of the Agreement and the application of the provisions to other persons or circumstances shall not be affected
thereby but shall be enforced to the greatest extent allowed by applicable law.The City and Subrecipient agree
that this Agreement shall be reformed to replace the stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
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Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#:582-24-01390
18. DISPUTE RESOLUTION PROCESS.
a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas
Government Code will be used to resolve contract claims under this contract.
b. If the Chapter 2260 procedures are utilized both parties agree the TCEQ may intervene in the proceedings
as an interested party.
c. The Director of Procurement and Disbursements,Subrecipient,is designated as the officer designated under
§2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any
claims on behalf of Subrecipient.
19. VENUE. Subrecipient acknowledges and agrees that because this Agreement has been executed, and will be
administered in Nueces County, Texas, the Agreement is to be performed in Nueces County. Subrecipient
acknowledges and agrees that any permissible cause of action involving this Agreement will arise solely in
Nueces County. If legal action relating to this claim is permissible and there are two or more counties or proper
venue under the rules of mandatory, general, or permissive venue and one of the counties is Nueces County,
Subrecipient agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity.
20. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties relative to the
subject matter and may only be modified or amended by a written agreement signed by both parties.It shall be
construed in accordance with the laws of the State of Texas.
21. AUTHORIZATION OF GOVERNING BODIES.The individuals executing this Agreement certify that this
interlocal agreement has been authorized by the Governing Body for their entity, as required by Section 791,
Texas Government Code.
22. NO WAIVER OF IMMUNITY.No party hereto waives or relinquishes any immunity or defense on behalf
of itself, its officers, employees and agents as a result of its execution of this Agreement and performance of
the covenants contained herein.
Entire Contract. This Contract and its attachments, if any,contain all of the terms and conditions agreed upon,
constitute the entire and integrated Contract between the Parties,and supersede all prior negotiations,
representations,or contracts,either oral or written.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized
representative.
TEXAS A&M UNIVERSITY-CORPUS CHRISTI
,it/BY: 03/27/2025
Kimbrl'Hawkenson, CRA,Director Date
Office of Sponsored Research Administration
CITY OF CORPUS CHRISTI
BY: CJ (2-
Sony eronel Da e
Assi ant City Manager
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Grantee:City of Corpus Christi
Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#:582-24-01390
ATTEST i
'O3 ( 31 AUTHORIZED
BY: (1�
Re ecca Huerta BY COUNCIL -1 d` J
City Secretary -(k I56
SECRETARY
APPROVED AS TO LEGAL FORM:
1 BY: --12
Buck Brice
Deputy City Attorney
EXHIBIT A: TCEQ Contract No. 582-24-01390
EXHIBIT B: Statement of Work
EXHIBIT C: Approved Budget
10
EXHIBIT A, TCEQ CONTRACT
TCEQ Contract Name:City of Corpus Chrbti
Rider 7 PM12.S Local Air Quality Planning Grant Contract Number:582.24.01390
Texas Commission on Environmental Quality
CONTRACT SIGNATURE PAGE
Contract Name: Rider 7 PM2.5 Local Air Quality Planning Grant
Contract Number: 582-24-01390
Performing Party: City of Corpus Christi
Performing Party Identification Number: 17460005741
Maximum Authorized Reimbursement: $139,501.00
Effective Date: ❑ 09/01/2024 ® Date of last signature
Expiration Date: ® 12/31/2025 ❑ Last day of Fiscal Year in which the Contract was signed
❑ If checked,this Contract requires matching funds. Match Requirement:
❑ If checked, this Contract is funded with federal funds.
CFDA Number:
Federal Grant Number:
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 thin agreement(Contract)to
cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas.
The Parties agree as follows: (a)to be effective,the Contract must be signed by an authorized official of the TCEQ
and the Performing Party;(b)this Contract consists of all documents specified in the list of Contract Documents
following this page;and(c)as authorized by TCEQ Performing Party will conduct Contract Activities as part of its
own authorized governmental functions and TCEQ will reimburse Allowable Costs subject to the Texas Grant
Management Standards(TxGMS)and this Contract.
Texas Commission on City of Corpus Christi
Environmental Quality (Performing Party)
Donna F. H u ff Dat taI2024.08d28Y16 11 29F_g 0'
-CY
Authorized Signature Auth rized Signature
Donna F Huff
Sony Peronel
Printed Name Printed Name
Deputy Director,TCEQ Air Quality Division Assistant City Manager
Title Title
7J ��
Date Date
Z7 t a-.AGE
Procurements&Contract epresentative
Demetria Avery,CTCM,CTCD
Printed Name
08/22/2024
Date
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
CONTRACT DOCUMENTS LIST
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)
• Special Terms and Conditions
® Scope of Work
® General Terms and Conditions
® Cost Budget
►� Notices,Project Representatives and Records Locations
® Attachment A -Financial Status Report
® Attachment B -Release of Claims
® Attachment C -Budget Revision Request Form
® Attachment D - Level of Effort Certification
® Attachment E -Personnel Eligibility List
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
SPECIAL TERMS AND CONDITIONS
These Special Terms and Conditions add to, or in the case of conflicts, supersede and take
precedence, as set forth in the Contract Documents List.
1. The following is added to Article 4,REIMBURSEMENT, in the General Terms and
Conditions:
4.9 Financial Status Report.The Performing Party will submit a quarterly report on
the Financial Status Report(FSR, Attachment A), documenting the allowable
expenditures, and administrative costs incurred in the previous quarter for
performing the Scope of Work and the remaining balance of funds.The
Performing Party's FSRs shall be complete and conform to all reimbursement or
invoice requirements specified by TCEQ. The Performing Party must include
documentation with the FSR demonstrating expenses incurred. All
administrative costs are capped by Rider 7 in the TCEQ FY24-25 appropriation
(HB 1, 88th Legislature) at 10%, and this limit must be demonstrated on each
FSR.
2. The following are added to Article 16.UNIFORM ASSURANCES,in the General Terms and
Conditions:
16.1.13 The dispute resolution process provided in Chapter 2009 of the Texas Government
Code is available to the parties to resolve any dispute arising under the agreement.
16.1.14 Information, documentation, and other material in connection with this grant may be
subject to public disclosure pursuant to Chapter 552 of the Texas Government Code(the
"Public Information Act"). In accordance with Section 2252.907 of the Texas Government
Code, Performing Party is required to make any information created or exchanged with the
State pursuant to the contract or grant, and not otherwise excepted from disclosure under
the Texas Public Information Act, available in a format that is accessible by the public at no
additional charge to the State.
3. ADMINISTRATIVE COSTS
3.1 In accordance with Rider 7 in the TCEQ FY24-2 5 appropriation(HB 1, 88th Legislature),
no more than 10 percent of the allocation may be used for administrative purposes.
3.2 Administrative Costs are costs incurred by the Performing Party that can be identified
separately and assigned to a specific project,used in order to properly administer and
manage the contract funds. Administrative costs may include,but are not limited to,
providing general supervision for grant activities, administering sub-contracts, submitting
reports, and preparing and submitting invoices and FSRs.
4. SPECIFIC REQUIREMENTS FOR COSTS.
Performing Party will adhere to the amounts listed in the Cost Budget Categories or follow
the Budget Revision Request (BRR, Attachment C) procedures. Performing Party will
establish and maintain records of costs in accordance with Texas Grant Management
Standards (TxGMS) and generally accepted accounting principles and practices and
submit, in a format acceptable to TCEQ an itemized price breakdown together with
supporting documentation. All service dates on invoices must match supporting
documentation dates.
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
5. GRANTEE PERFORMANCE EVALUATION
Performance evaluations are a part of the TCEQ review of the Performing Party and may
be a factor in the selection of future grants. The TCEQ may provide this information to
state agencies and others. The'Performing Party consents to the disclosure of any
information or opinion in the evaluations.
•
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
SCOPE OF WORK
1. Introduction(Purpose)
City of Corpus Christi (Performing Party)will conduct air quality planning activities in
accordance with Rider 7 of the Texas Commission on Environmental Quality's (TCEQ)
Legislative Appropriation from the 88th Legislature.
Rider 7 funds are limited to inventorying emissions, monitoring of pollution levels, air
pollution and data analysis; modeling pollution levels; and administration of the program.
Rider 7 further requires that no more than 10%of the allocation be used for administrative
purposes and prohibits the expenditure of the following:marketing and outreach activities,
bicycle use programs, carpooling awareness, environmental awareness campaigns, and
locally enforceable pollution reduction programs. The grant recipients shall channel the
funds to those projects most useful for the State Implementation Plan(SIP).
2. Description of Activities
The Performing Party shall use Rider 7 funds in the following performance/subject areas:
A.Inventorying Emissions:
The Performing Party may expend Rider 7 funding on activities related to inventorying
emissions. Emission inventory projects must be approved in advance by the TCEQ and will
be limited to those most useful for the State Implementation Plan(SIP).To maintain
consistency with the SIP, the Performing Party and its sub-grantees and subcontractors shall
use point, area, and mobile source emissions factors and existing program assumptions
used by TCEQ when working with emissions inventories (for any purpose) or existing
control strategy programs. These assumptions include compliance and/or control
effectiveness parameters.
B.Monitoring of Pollution Levels:
The Performing Party may expend Rider 7 funding on activities related to monitoring of
pollution levels. Pollution monitoring projects under this grant should be limited to those
most useful for the SIP and must be associated with PM2.5. Grant recipients may use Rider 7
funds to support existing or historically operated ambient air monitoring stations or to
establish new ambient air monitoring stations. Other stationary or mobile based monitoring
projects are potentially allowed on a case-by-case basis.
C.Air Pollution and Data Analysis:
The Performing Party may expend Rider 7 funding on activities related to air pollution and
data analysis.Air pollution and data analysis projects under this grant should be limited to
those most useful for the SIP and must be associated with PM2.5.
D. Modeling Pollution Levels:
The Performing Party may expend Rider 7 funding on activities related to modeling of
pollution levels. Pollution modeling projects under this grant should be limited to those
most useful for the SIP and must be associated with PM2.5.
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-29-01390
3. Tasks and Deliverables
Task 1-Project Management
The Performing Party will provide technical and fiscal oversight of the project to ensure all
activities and deliverables are acceptable, completed as scheduled and within budget,
including ensuring that no more than 10%of costs are spent on administrative expenses.
Project management will be documented and provided to the TCEQ Project Manager through
a Quarterly Progress Report (QPR) and quarterly Financial Status Reports (FSR).
The software standards at are Microsoft Word and Microsoft Excel or a software version to
be negotiated at the appropriate time. All electronic copies of documentation shall be
supplied in these formats or saved in a format that can be imported in such a way that the
document or spreadsheet quality is not distorted.Where conversions from one spreadsheet
or one word processing format to another result in changes in the formatting that detract
from the presentation quality at minimum or result in significant work in restoring the
documents or spreadsheets to presentation quality, the work produced will not be
acceptable to TCEQ under this Contract.
Subtask 1.1 QPR: The Performing Party will electronically submit QPRs to the TCEQ
Project Manager via email. QPRs will document all activities performed, the status of
each relevant deliverable, and the costs incurred that quarter. The Performing Party
will submit QPRs by the 30th of December, March,June, and September, aligning with
the state fiscal quarters. The Final Report deliverable will serve as the final QPR.
Subtask 1.2 FSR: The Performing Party will submit FSRs (Attachment A) to the TCEQ
Contract Manager in accordance with the Special Terms and Conditions.
Subtask 1.3 Contract Communication: The Performing Party's Project Manager, or a
knowledgeable designee, must be available for questions from the TCEQ Project
Manager at all reasonable times during the performance of work under this Contract,
and for at least one month after the Contract has been completed.
The Performing Party will maintain regular telephone and/or email communication
with the TCEQ Project Manager regarding the status and progress of the project and
on any matters that require attention between QPRs.Matters that must be
communicated to the TCEQ Project Manager include,but are not limited to:
o Notification a minimum of 30 days before the Performing Party has scheduled
public meetings or events, or other major Task activities or developments.
o Notification within 15 days regarding events or circumstances that may require
changes to the Budget, Statement of Work, or Schedule of Deliverables.
The Performing Party may need to participate in meetings between the TCEQ,U.S. EPA
Region 6, and possibly interested stakeholders either in person or via telephone,
internet conference, etc.
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TCEQ Contract Name:City of Corpus Christi
Rider 7 P142.5 Local Air Quality Planning Grani Contract Number:5 82-2 4-01 39 0
Task 2 -Statement of Work
The Performing Party must submit and obtain approval of a Statement of Work detailing the
use of Rider 7 funds for inventorying emissions and/or monitoring pollution levels before
expending the funds.
Subtask 2.1 Statement of Work
The Statement of Work must contain the following pieces of information and any
others deemed necessary by TCEQ to address the intent of the Contract(e.g., figures,
tables,work products,processes, deliverables, etc.)Each of the sections must be
named or titled using the following headings:
1. CONTRACT NUMBER,PERFORMING PARTY NAME,AND CONTRACT NAME.
2. PERFORMING PARTY'S PROJECT MANAGER(S):The name(s)and contact
information of the project manager(s) to be assigned to the activities under the
Contract and the names and contact information of alternate personnel in the
event the project manager is unavailable to perform assigned tasks.
3. PERSONNEL ELIGIBILITY LIST:A completed Attachment E: Personnel Eligibility
List(PEL).
4. SUBCONTRACTORS or SUBGRANTEES TO BE USED UNDER THIS CONTRACT.
5. QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES.See detail under
Subtask 2.2, below. The Statement of Work shall address which technical
activities will require a Quality Assurance Project Plan(QAPP).The Performing
Party may not commence technical activities until the QAPP is developed and
accepted by the TCEQ.
6. TIMELINE: The schedule for the project described by the Contract's Schedule of
Deliverables.If there is a conflict with the timeline included in the Contract, the
Performing Party must bring this to the attention of TCEQ Project Manager.
Please include a PROJECT MILESTONES &WORK (ACTIVITIES)BREAKDOWN
STRUCTURE.
7. BUDGET: Complete the Cost Budget form for the Contract.The budget
submitted must be sufficiently detailed to allow TCEQ to easily determine the
hours, prices, and personnel,by classification, related to each task and
deliverable, and must also include a total for the proposed Statement of Work.
8. TECHNICAL APPROACH/METHOD: The technical approach/method for the
Statement of Work must contain detailed descriptions of the tasks and
deliverables and the dates that deliverables must be provided to the TCEQ by
Performing Party.
9. MODELS AND SOFTWARE TO BE USED BY PERFORMING PARTY:Models,
software, and any other tools in addition to those already specified in the
Contract to be used to complete the project described in the Contract, as well as
the documentation procedures where applicable. If a substitute model is
proposed, Performing Party must clearly identify that it is being proposed as a
substitute and explain why. If it is not specifically approved by TCEQ as a
substitute, Performing Party must use the models and software specified in the
Contract.
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10EQ Contract Name.City of Corpus Cluisti
Rider 7 PM2.5 Local Air Quality Planting Grant Contract Number:582-24-01390
10. MISCELLANEOUS INFORMATION OR ELEMENTS. If the Performing Party is aware
of any additional requirements which will apply to the work being performed,
the Performing Party must include them in its Statement of Work.
11. SIGNATURE BY PERFORMING PARTY:The Performing Party must have the
Statement of Work signed and dated by a person with the authority to bind the
Performing Party to the performance of the Statement of Work (please include
the title and printed name of the person signing the Statement of Work).
The TCEQ Project Manager will review the Performing Party's Statement of Work and
either make comments and suggest changes or approve the Statement of Work as
prepared by the Performing Party.Upon TCEQ's approval, the Performing Party's
Statement of Work is incorporated into the Contract.
If the Performing Party becomes aware of any additional applicable requirements after
TCEQ has approved the Statement of Work, the Performing Party shall notify TCEQ and
submit a revised Statement of Work.
Subtask 2.2 Quality Assurance/Quality Control(QA/QC)Procedures
The Performing Party must draft and follow a QAPP.A QAPP addresses the quality
assurance process the Performing Party will undertake to ensure the adherence of data
or other products to established criteria. The Performing Party is responsible for the
content and quality of the QAPPs and their implementation.The QAPPs shall address
the technical activities detailed in the Statement of Work following the EPA's Guidance
for Quality Assurance Project Plans,EPA OA/G-5.All funded activities shall adhere to
the EPA's Guidance for Quality Assurance Project Plans, EPA QA/G-5, and include full
documentation of the methods and procedures used.
All work performed under this Contract that involves the acquisition of environmental
data will be performed in accordance with a TCEQ-approved QAPP. 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 performed 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.
A QAPP for this project must include a formal QA/QC program that will ensure
Contract activities and deliverables are of known and acceptable quality.The QA/QC
requirements must be consistent with the TCEQ Quality Management Plan.
Task 3 -Inventorying emissions,monitoring of pollution levels, air pollution and data
analysis,modeling pollution levels, and administration of the program
Subtask 3.1 Inventorying Emissions:
The Performing Party may expend Rider 7 funding on activities related to inventorying
emissions and emission inventory(El) development defined as:
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582.24-01390
1. Updates to applicable source classification code specific activity and population
data;
2. Updates to applicable source classification code specific profiles;
3. Updates to El data element(emissions factors,projection factors, and control
efficiencies);
4. The development of updated EIs using the EPA's approved methodologies and
modeling applications; and
5. Refinements to the speciation, spatial allocation, and temporal allocation of
emissions for SIP modeling.
El projects shall be limited to those most useful for the SIP and associated with PM2.5
under this grant. To maintain consistency with the SIP, the Performing Party and its
sub-grantees and subcontractors shall use point, area, and mobile source emissions
factors and existing program assumptions used by TCEQ when working with Es (for
any purpose) or existing control strategy programs. These assumptions include
compliance and/or control effectiveness parameters.
To facilitate use by TCEQ all non-point El data developed through these activities
should be in CERS XML format or other formats compatible with applicable TCEQ
databases.
Additionally, EI development shall adhere to the principles and practices of the
following:
a. Emissions Inventory Guidance for Implementation of Ozone and Particulate
Matter National Ambient Air Quality Standards (NAAOS) and Regional Haze
Regulations
b. Air Emissions Inventory Improvement Program(EIIP)
All inventory activities must conclude on or before October 31, 2025.
Subtask 3.2 Monitoring of Pollution Levels:
The Performing Party may expend Rider 7 funding on activities related to monitoring of
pollution levels. Pollution monitoring projects under this grant should be limited to
those most useful for the SIP and must be associated with PM2.5. Grant recipients may
use Rider 7 funds to support existing or historically operated ambient air monitoring
stations or to establish new ambient air monitoring stations. Other stationary or mobile
based monitoring projects are potentially allowed on a case-by-case basis.
Regarding site access and data hosting:
1. Projects proposing monitoring equipment to be collocated with a TCEQ
stationary monitoring site will be subject to approval and may be prohibited based on
limitations in existing site agreements with property owners.
2. Projects that include the collection of air quality monitoring data must consider
data management as a key component of the project.Reliance upon TCEQ data systems
to host or display data collected under a Rider 7 project should not be assumed.
All monitoring activities must conclude on or before November 30, 2025.
Subtask 3.3 Air Pollution and Data Analysis:
The Performing Party may expend Rider 7 funding on activities related to air pollution
and data analysis.Air pollution and data analysis projects should be limited to those
most useful for the SIP and must be associated with PM2.5 under this grant.
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TCEQ Contract Name:City of Coigns Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390
All air pollution and data analysis activities must conclude on or before October 31,
2025.
Subtask 3.4 Modeling Pollution Levels:
The Performing Party may expend Rider 7 funding on activities related to modeling
pollution levels. Modeling projects should be limited to those most useful for the SIP
and must be associated with PM2.5 under this grant.
All modeling pollution levels activities must conclude on or before October 31, 2025.
Task 4 -Draft and Final Reports
The Performing Party shall analyze the results of all projects and work funded under Task 3.
The Performing Party shall submit a report to TCEQ that documents the data and findings
from all projects and work funded under Task 3.
Subtask 4.1 Draft Report:
The Performing Party must provide the Draft Report required under in any one or
combination of the following:
® as a loose-bound original suitable for copying,with the following number of
additional copies: One (1)
❑ on Compact Disc, including all other electronic deliverables
® in an FTP file,including all other electronic deliverables unless another format
is specified below, and/or
® other:An electronic format delivered via email in Microsoft Word and/or PDF.
The Draft Report shall provide a comprehensive overview of activities undertaken and
any data collected and analyzed. The Draft Report must highlight major activities and
key findings,provide pertinent analysis, and detail relevant statistics including data,
parameter, or model completeness, accuracy and precision.
The Draft Report shall include the following components:
1. an executive summary or abstract;
2. a detailed description of all projects funded under Task 3;
3. a detailed discussion of the Performing Party's analyses and findings under Task 4.
4. a discussion of the pertinent accomplishments, shortfalls, and limitations of the
activities completed under Task 3; and
5. all data and analyses from projects funded under Task 3 and the Performing Party's
evaluation of those results under Task 4.
Subtask 4.2 Final Report:
The Performing Party will consider all comments received from TCEQ on the Draft
Report and prepare a Final Report. The Final Report will be provided in the same
format(s) as the Draft Report.
4. Summary Schedule of Deliverables
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.S Local Air Quality Planning Grant Contract Number:582-24-01390
Deliverable Deliverable Due Date
Project Management (Task 1)
Deliverable 1.1: QPRs 1.1 Quarterly by the 30th of
December,March,June,&
September.
Deliverable 1.2: FSRs 1.2 Quarterly by the 30th of
December,March,June,&
September.
Deliverable 1.3: Contract Communication 1.3 As needed
Statement of Work& QAPP (Task 2) 2.1 Within thirty(30)calendar
Deliverable 2.1:Statement of Work days after this Contract is
executed by TCEQ.
Deliverable 2.2: QAPP
2.2 Within thirty(30)calendar
days after Task 2.1 is
approved by TCEQ.
Inventorying emissions,monitoring of pollution
levels, air pollution and data analysis, modeling
pollution levels, and administration of the
program(Task 3) 3.1 October 31, 2025
Deliverable 3.1: Inventorying Emissions
3.2 November 30, 2025
Deliverable 3.2: Monitoring of Pollution Levels
3.3 October 31, 2025
Deliverable 3.3:Air Pollution and Data Analysis
3.4 October 31, 2025
Deliverable 3.4:Modeling of Pollution Levels
Draft and Final Report (Task 4)
Deliverable 4.1: Draft Report 4.1: December 1, 2025
Deliverable 4.2: Final Report 4.2: December 31, 2025
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582.24-01390
GENERAL TERMS AND CONDITIONS
Revised September 7, 2023
1. CONTRACT PERIOD
1.1. Contract Period. The Contract begins on the Effective Date and ends on the
Expiration Date as provided on the Contract Signature Page.If no Effective Date is
provided,the Effective Date of the Contract is the date of last signature. If no
Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal
Year in which the Contract is signed.
1.2. Amendments.This Contract is not subject to competitive selection requirements
and may be amended by mutual agreement. Except as specifically allowed by the
Contract, all changes to the Contract require a written amendment that is signed
by both parties.
1.2.1. Material Changes.Material changes to the Contract require a written
amendment signed by both parties.These amendments take effect when
signed by the Performing Party and TCEQ unless otherwise designated in the
amendment.Material changes include the following:
1.2.1.1. Changes in the total amount of funds in the Budget or the Contract;
1.2.1.2. Changes to the Contract's Expiration Date;
1.2.1.3. Changes to the Scope of Work that affect TCEQ's obligations to the
entity providing funding, such as the United States Environmental
Protection Agency(EPA), another state or federal agency,or the Texas
Legislature; and
1.2.1.4. Changes that affect the material obligations of the Performing Party in
this Contract.
1.2.2. Unilateral Amendments.As specifically allowed by the Contract, TCEQ may
issue unilateral amendments.Unilateral amendments take effect when issued
by TCEQ.
1.2.3. Minor Changes.The TCEQ Contract Manager and/or the TCEQ Project Manager
has the authority,without a written amendment, to correct typographical
errors;make written Contract interpretations; and make minor,non-material
changes to the requirements in the Scope of Work,the Procedures for Work
Orders, or the Work Orders (including Proposals for Grant Activities); or as
agreed to elsewhere in the Contract.Performing Party must provide TCEQ with
a written objection to any Minor Change no later than five(5)business days
from the effective date of the Minor Change.A copy of the agreed change shall
be retained in the appropriate file by both the Performing Party and TCEQ.
1.2.3.1. Minor,non-material changes include:
1.2.3.1.1. Changes to the schedule in the Scope of Work including an
extension of a deliverable due date,not to exceed the
expiration date of the Contract;
1.2.3.1.2. Changes to the schedule in the Work Order including an
extension of a deliverable due date, not to exceed the
expiration date of the Work Order;
1.2.3.1.3. Changes to the individual tasks/activities in the Scope of
Work or Work Order,if applicable, that do not substantially
change the obligations of the Parties relative to those
tasks/activities;
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
1.2.4. It is the Performing Party's responsibility to request extensions to the
deliverable schedule and other changes that are within the authority of TCEQ.
1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration
Date for a period of up to 90 days. Unless otherwise indicated in the applicable
contract amendment, an extension does not extend any other deadlines or due
dates other than the expiration of the Contract Period.
2. FUNDS
2.1 Availability of Funds. This Contract and all claims, suits or obligations arising
under or related to this Contract are subject to the receipt and availability of
funds appropriated by the Texas Legislature for the purposes of this Contract or
the respective claim,suit or obligation,as applicable. Performing Party will ensure
that this article is included in any subcontract it awards.
2.2 Maximum Authorized Reimbursement. The total amount of funds provided by
TCEQ for the Contract will not exceed the amount of the Maximum Authorized
Reimbursement, as amended.
2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs
must be incurred during the Contract Period and within the time limits applicable
to the funds from which the Contract is being paid. TCEQ is not obligated to
extend deadlines to match the maximum period of the funding.
2.4 Grants.If this Contract was entered under the TCEQ's authority to award grants,
TCEQ is providing financial assistance to the recipient to undertake its own
project.
2.5 No Debt against the State. This Contract is contingent on the continuing
appropriation of funds. This Contract shall not be construed to create debt
against the State of Texas.
2.6 Abortion Funding Limitation.Performing Party represents and warrants that
payments made by TCEQ to Performing Party and Performing Party's receipt of
appropriated funds under the Contract are not prohibited by Article IX, Section 6
of the General Appropriations Act,nor by Texas Government Code Chapter 2273
Prohibited Transactions.
2.7 Excluded Parties.Performing Party represents and warrants that it is not listed in
the prohibited vendors lists authorized by Executive Order No. 13224, "Blocking
Property and Prohibiting Transactions with Persons Who Commit,Threaten to
Commit,or Support Terrorism,"published by the United States Department of the
Treasury, Office of Foreign Assets Control.Performing Party will notify TCEQ if it
can no longer make this representation.
2.8 COVID-19 Vaccine Passport Prohibition.Under § 161.0085 of the Texas Health
and Safety Code,Performing Party certifies that it is not ineligible to receive the
Contract and will maintain this certification throughout the term of the Contract.
3. ALLOWABLE COSTS
3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary
and reasonable Allowable Costs that are incurred and paid by the Performing
Party in performance of the Scope of Work as authorized by this Contract in the
Cost Budget or Fixed Payment Amounts.
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,
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-0I390
including the criteria for Allowable Costs.Additional federal requirements apply if
this Contract is funded,in whole or in part,with federal funds.
4. REIMBURSEMENT
4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request
reimbursement for its Allowable Costs incurred in performing the Scope of Work.
Performing Party's invoice shall conform to all reimbursement requirements
specified by TCEQ.
4.2. Personnel Eligibility List(PEL). If TCEQ will be reimbursing salary or wages,
Performing Party must submit a completed Personnel Eligibility List(PEL)prior to
starting activities under this Contract and an updated PEL with any invoice
following changes to the information provided in the most recent PEL.If a
Contract amendment is necessary due to changes reflected on the PEL,Performing
Party must immediately submit an updated PEL with a request to amend the
Contract.
4.3. Level-of-Effort Reporting.Performing Party must submit records to support
reimbursement requests for exempt employee salaries,where costs are
determined based on percentage of the employee's time performing activities.
These records must meet the Standards for Documentation of Personnel Expenses
in TxGMS or 2 CFR§ 200.430, as applicable based on whether state or federal
money is used by TCEQ to fund the grant activities.
If 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 certification into compliance.TCEQ may require the Performing Party to
complete the attached Level-of Effort Certification form.The LEC form must be
completed and submitted with each invoice,unless otherwise approved by TCEQ
in writing.
4.4. Timesheets.The performing Party must retain records of timesheets supporting
reimbursement requests for nonexempt employees,which are maintained as part
of Performing Party's timekeeping system.Timesheets are not required to be
submitted with each request for reimbursement;however, the Performing Party
must make timesheets available upon request by TCEQ,as necessary for TCEQ to
perform its monitoring requirements and audit purposes.
4.5. Conditional Payments. Reimbursements are conditioned on the Scope of Work
being performed in compliance with the Contract. Performing Party shall return
payment to TCEQ for either overpayment or activities undertaken that are not
compliant with the Scope of Work. This does not limit or waive any other TCEQ
remedy.
4.6. No Interest for Delayed Payment. Since the Performing Party is not a vendor of
goods and services within the meaning of Texas Government Code Chapter 2251,
no interest is applicable for any late payments.
4.7. Release of Claims. As a condition to final payment or settlement,or both,the
Performing Party shall execute and deliver to the TCEQ a release of all claims
against the TCEQ for payment under this Contract.
4.8. State Agencies/Institutions of Higher Education. If the Performing Party is a
state'agency or institution of higher education,payments must be made via
interagency transaction voucher(ITV); please provide a Recurring Transaction
Index(RTI)number on the face of the invoice.For payments that are to be
deposited into a local bank account,the following statement must be placed on
the face of the invoice: "Funds to be deposited into local bank account." For
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Mr Quality Planning Grant Contract Number 582-24-01390
additional information,please refer to the Texas Comptroller's Accounting Policy
Statement(APS) 014.
5. FINANCIAL RECORDS,ACCESS,AND AUDITS
5.1 Audit of Funds. The Performing Party understands that acceptance of funds
under this Contract acts as acceptance of the authority of the State Auditor's
Office,or any successor agency, to conduct an audit or investigation in connection
with those funds. Performing Party further agrees to fully cooperate with the
State Auditor's Office or its successor during any audit or investigation,including
providing all records requested. Performing Party shall ensure that this clause
concerning the audit of funds accepted under this Contract is included in any
subcontract it awards.
5.2 Financial Records. Performing Party shall establish and maintain financial
records including records of costs of the Scope of Work in accordance with
generally accepted accounting practices. Upon request Performing Party shall
submit records in support of reimbursement requests. Performing Party shall
allow access during business hours to its financial records by TCEQ and other
state agencies for the purpose of inspection and audit. Financial records
regarding this contract shall be retained for a period of three(3)years after date
of submission of the final reimbursement request.
6. PERFORMING PARTY'S RESPONSIBILITIES
6.1 Performing Party's Responsibility for the Scope of Work. Performing Party
undertakes performance of the Scope of Work as its own project and does not act
in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee.
Performing Party agrees that the Scope of Work is performed at Performing
Party's sole risk as to the means,methods, design, processes,procedures, and
performance.
6.2 Identification and Flow Down Requirements. Any subaward from this Contract
by the Performing Party to a subgrantee must be clearly identified as a subaward.
The Performing Party must flow down applicable Contract requirements to
subgrantees and subcontractors.
6.3 Independent Contractor. The parties agree that the Performing Party is an
independent contractor. Nothing in this Contract shall create an employee-
employer relationship between Performing Party and TCEQ. Nothing in this
Contract shall create a joint venture between TCEQ and the Performing Party.
6.4 Performing Party's Responsibilities for Subcontractors. All acts and omissions
of subcontractors, suppliers,and other persons and organizations performing or
furnishing any of the Scope of Work under a direct or indirect contract with
Performing Party shall be considered to be the acts and omissions of Performing
Party.
6.5 No Third Party Beneficiary. TCEQ does not exercise any of its rights and powers
under the Contract for the benefit of third parties. Nothing in this Contract shall
create a contractual relationship between TCEQ and any of the Performing Party's
subcontractors, suppliers, or other persons or organizations with a contractual
relationship with the Performing Party.
6.6 Security Requirements. If Performing Party accesses,transmits,uses,or stores
TCEQ data:
1) Performing Party shall meet the security controls specified by TCEQ and
2) Performing Party must annually provide TCEQ documentation
demonstrating that it meets the specified TCEQ security requirements.
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.S Local Air Quality Planning Grant Contract Number:582-24-01390
6.7 Cybersecurity Training. Performing Party shall ensure that any Performing Party
representative(employee,officer,or subcontractor personnel)who has Access to a
TCEQ Computer System or Database completes a cybersecurity training program
certified by the Texas Department of Information Resources(DIR)under §
2054.519 of the Texas Government Code,when the Contract is executed and
annually as applicable.
6.7.1 "Access to TCEQ Computer System or Database" means having a TCEQ
network user account or the authorization to maintain,modify,or allow access
control to any TCEQ web page,TCEQ computer system, or TCEQ database.
6.7.2 Within seven(7) days after the execution of the Contract,the Performing shall
provide a list of persons requiring training to the TCEQ Contract Manager, and
thereafter provide an updated list by the first workday of any additional
person who becomes subject to the cybersecurity training requirements.For
applicable umbrella contracts,Performing Party shall provide a list of any
persons requiring training within seven(7)days of issuance of Notice to
Proceed/Commence for any Work Order that requires Access to a TCEQ
Computer System or Database.
6.7.3 If a Performing Party representative has previously completed a DIR-certified
cybersecurity training during a State of Texas fiscal year in which the Contract
is effective,Performing Party shall provide evidence that the Performing Party
representative completed the required training to the TCEQ Contract Manager
within seven(7) days after the execution of the Contract or as applicable, the
issuance of a Notice to Proceed/Commence for any Work Order that requires
Access to a TCEQ Computer System or Database.
6.7.4 For Contracts that have contract periods that exceed a year(extend beyond
August 31 of the year in which they are entered),all persons performing Work
under the Contract shall take cybersecurity training renewal each fiscal year
after the year in which the contract becomes effective.By Augustl"each year,
the Performing Party must provide to the TCEQ Contract Manager either:(1)a
list of persons that must complete cybersecurity training during the upcoming
State of Texas Fiscal Year;or(2)provide evidence that the Performing Party
representative completed the required training.Performing Party shall retain
in their records, and upon request,provide the TCEQ Contract Manager
evidence that the training was successfully completed.
6.7.5 TCEQ will provide access to the cybersecurity training program. Performing
Party is responsible for all other costs associated with their representatives
completing the training,including time spent completing the training.
6.7.6 Performing Party shall notify the TCEQ Contract Manager within two(2)
business days when a person with Access to a TCEQ Computer System or
Database no longer needs Access to such Computer System or Database.
6.7.7 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.
6.7.8 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.
6.8 Prohibited Technologies.Performing Party certifies that Prohibited Technologies
will not be used on any of Performing Party's or its employees', contractors',and
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-2+01390
subcontractors'devices including personally-owned devices,if those devices are
used to 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, and equipment, and any of the aforementioned items made by the
developers or manufacturers on the Prohibited Technologies list located on the
Texas Department of Information Resources'website at:
https://dir.texas.Rov/information-security/prohibited-technologies.In addition to
the DIR list,TCEQ in its sole discretion may designate additional prohibited
technologies.
7. TIME AND FORCE MAJEURE
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).
7.3 Force Majeure.Force majeure is defined as acts of God,war,fires,explosions,
hurricanes,floods, or other causes that are beyond the reasonable control of
either party,could not reasonably be foreseen, and by the exercise of all
reasonable due diligence,is unable to be overcome by either party.Neither party
shall be liable to the other for any failure or delay of performance of any
requirement included in the contract caused by force majeure.Upon timely notice
by the non-performing party,the time for performance shall be extended for a
reasonable period after the causes of delay or failure have been removed provided
the non-performing party exercises all reasonable due diligence to perform.The
non-performing party must provide evidence of any failure resulting in
impossibility to perform.
8. CONFLICT OF INTEREST
8.1 Performing Party shall have a policy governing disclosure of actual and potential
conflicts of interests. Specifically,for work performed under this Contract by
Performing Party or any related entity or individual,Performing Party shall
promptly disclose in writing to TCEQ any actual,apparent,or potential conflicts of
interest,including but not limited to disclosure of:
a. Any consulting fees or other compensation paid to employees,officers,agents
of Performing Party, or members of their immediate families, or paid by
subcontractor or subrecipients;or
b. Any organizational conflicts of interest between Performing Party and its
subcontractors or subrecipients under a subaward.
8.2 No entity or individual with any actual,apparent, or potential conflict of interest
will take part in the performance of any portion of the Scope of Work,nor have
access to information regarding any portion of the Scope of Work,without TCEQ's
written consent in the form of a unilateral amendment. Performing Party agrees
that TCEQ has sole discretion to determine whether a conflict exists, and that a
conflict of interest is grounds for termination of this Contract.
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
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TCEQ Contact Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
and equipment shall be handled in accordance with instructions of the applicable
supplier, except as otherwise provided in the Contract.
9.2 Quality Assurance. All work performed under this Contract that involves the
acquisition of environmental data will be performed in accordance with a TCEQ-
approved Quality Assurance Project Plan(QAPP)meeting all applicable TCEQ and
EPA requirements. Environmental data includes any measurements or
information that describe environmental processes,location, or conditions, and
ecological or health effects and consequences. Environmental data includes
information collected directly from measurements,produced from models, and
compiled from other sources such as databases or literature. No data collection
or other work covered by this requirement will be implemented prior to
Performing Party's receipt of the QAPP signed by TCEQ and,if necessary, the EPA.
Without prejudice to any other remedies available to TCEQ TCEQ may refuse
reimbursement for any environmental data acquisition performed prior to
approval of a QAPP by TCEQ and, if necessary,the EPA. Also,without prejudice to
any other remedies available to TCEQ Performing Party's failure to meet the terms
of the QAPP may result in TCEQ's suspension of associated activities and non-
reimbursement of expenses related to the associated activities.
9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this
Contract must be prepared by a laboratory that is accredited by TCEQ according
to 30 Texas Administrative Code Chapter 25, subchapters A and B,unless TCEQ
agrees in writing to allow one of the regulatory exceptions specified in 30 Texas
Administrative Code § 25.6.
10.INTELLECTUAL PROPERTY
10.1. Third Party Intellectual Property. Unless specifically modified in an amendment
or waived in a unilateral amendment,Performing Party must obtain all intellectual
property licenses expressly required in the Scope of Work,or incident to the use
or possession of any deliverable under the Contract. Performing Party shall obtain
and furnish to TCEQ: documentation on the use of such intellectual property,and
a perpetual,irrevocable, enterprise-wide license to reproduce,publish, otherwise
use, or modify such intellectual property and associated user documentation, and
to authorize others to reproduce, publish,otherwise use, or modify such
intellectual property for TCEQ non-commercial purposes, and other purposes of
the State of Texas.
10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive,perpetual,
irrevocable, enterprise-wide license to reproduce,publish,modify,or otherwise
use for any non-commercial TCEQ purpose any preexisting intellectual property
belonging to the Performing Party that is incorporated into any new works created
as part of the Scope of Work,intellectual property created under this Contract,
and associated user documentation.
11.INSURANCE AND INDEMNIFICATION
11.1 Insurance. Unless prohibited by law, the Performing Party shall require its
contractors to obtain and maintain during the Contract Period adequate insurance
coverage sufficient to protect the Performing Party and the TCEQ from all claims
and liability for injury to persons and for damage to property arising from the
Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include
Workers Compensation and Employer's Liability Insurance,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.
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TCEQ Contract NamerCity of Corpus Christi
Rider 7 PM2.5 Local Mr Quality Planning Grant Contract Number:582.24-01390
11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW,THE PERFORMING
PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES
ON BEHALF OF PERFORMING PARTY TO INDEMNIFY,DEFEND,AND HOLD
HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS,AND
EMPLOYEES,FROM AND AGAINST ALL LOSSES,LIABILITIES,DAMAGES,AND
OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT
ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND
AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN,WORKMANSHIP,
MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT,TRADEMARK,OR
COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS,REGULATIONS,SAFETY
STANDARDS, OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE
AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO
REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE
CONTRACT.
12.TERMINATION
12.1 Termination for Cause. TCEQ may,upon providing 10 days'written notice and
the opportunity to cure to the Performing Party,terminate this Contract for cause
if Performing Party materially fails to comply with the Contract including any one
or more of the following acts or omissions: nonconforming work, or existence of
a conflict of interest. Termination for cause does not prejudice TCEQ's other
remedies authorized by this Contract or by law.
12.2 Termination for Convenience. TCEQ may,upon providing 10 days'written notice
to the Performing Party, terminate this Contract for convenience. Termination
shall not prejudice any other right or remedy of TCEQ or the Performing Party.
Performing Party may request reimbursement for: conforming work and timely,
reasonable costs directly attributable to termination. Performing Party shall not
be paid for: work not performed,loss of anticipated profits or revenue,
consequential damages, or other economic loss arising out of or resulting from
the termination.
12.3 If,after termination for cause by TCEQ it is determined that the Performing Party
had not materially failed to comply with the Contract, the termination shall be
deemed to have been for the convenience of TCEQ.
13.DISPUTES,CLAIMS AND REMEDIES
13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission
other than an explicit written release,in the form of a unilateral amendment,
constitutes a release of Performing Party from liability under this Contract.
13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas
Government Code Chapter 2261 the following Schedule of Remedies applies to
this Contract. In the event of Performing Party's nonconformance,TCEQ may do
one or more of the following:
13.2.1. Issue notice of nonconforming performance;
13.2.2. Reject nonconforming performance and request corrections without charge to
the TCEQ;
13.2.3. Reject a reimbursement request or suspend further payments,or both,
pending accepted revision of the nonconformity;
13.2.4. Suspend all or part of the Contract Activities or payments,or both,pending
accepted revision of the nonconformity;
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
13.2.5. Demand restitution and recover previous payments where performance is
subsequently determined nonconforming;
13.2.6. Terminate the contract without further obligation for pending or further
payment by the TCEQ and receive restitution of previous payments.
13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to
cure its nonconforming performance,if possible under the circumstances.
13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under
this Contract or applicable law does not preclude or limit the exercise of any other
remedy available under this Contract or applicable law.
14.SOVEREIGN IMMUNITY
The parties agree that this Contract does not waive any sovereign immunity to which either
party is entitled by law.
15.SURVIVAL OF OBLIGATIONS
Except where a different period is specified in this Contract or applicable law, all
representations,indemnifications, and warranties made in,required by or given in
accordance with the Contract,as well as all continuing obligations indicated in the Contract,
survive for four(4)years beyond the termination or completion of the Contract,or until four
(4)years after the end of a related proceeding.A related proceeding includes any litigation,
legal proceeding, permit application, or State Office of Administrative Hearings proceeding,
which is brought in relation to the Contract or which in TCEQ's opinion is related to the
subject matter of the Contract. Either party shall notify the other of any related proceeding if
notice of the proceeding has not been provided directly to that other party.
16.UNIFORM ASSURANCES
16.1 Uniform Assurances.Performing Party assures compliance with the following
uniform assurances from TxGMS,as applicable to this Contract.Other assurances
from TxGMS may be included elsewhere in this Contract.
16.1.1 Performing Party represents and warrants its compliance with Texas
Government Code Section 2054.5191 relating to the cybersecurity training
program for local government employees who have access to a local
government computer system or database.
16.1.2 Performing Party certifies that it and its principals are not suspended or
debarred from doing business with the state or federal government as listed
on the State of Texas Debarred Vendor List maintained by the Texas
Comptroller of Public Accounts and the System for Award Management(SAM)
maintained by the General Services Administration.
16.1.3 Performing Party agrees that any payments due under the Contract shall be
applied towards any debt or delinquency that is owed to the State of Texas.
16.1.4 Performing Party represents and warrants that it will comply with Texas
Government Code Section 2252.906 relating to disdosure protections for
certain charitable organizations,charitable trusts,and private foundations.
16.1.5 In accordance with Texas Government Code Section 669.003,relating to
contracting with the executive head of a state agency,Performing Party
certifies that it is not(1)the executive head of the TCEQ, (2) a person who at
any time during the four years before the date of the Contract was the
executive head of the TCEQ or(3)a person who employs a current or former
executive head of the TCEQ affected by this section.
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
16.1.6 Performing Party acknowledges and agrees that appropriated funds may not
be expended in the form of a grant to,or contract with, a unit of local
government unless the terms of the grant or contract require that the funds
received under the grant or contract will be expended subject to the
limitations and reporting requirements similar to those provided by the
following:
• Parts 2 and 3 of the Texas General Appropriations Act,Art.IX,except there
is no requirement for increased salaries for local government employees;
• Sections 556.004, 556.005,and 556.006 of the Texas Government Code;
and
• Sections 2113.012 and 2113.101 of the Texas Government Code.
16.1.7 Performing Party represents and warrants that TCEQ's payments to
Performing Party and Performing Party's receipt of appropriated or other
funds under the Contract are not prohibited by Texas Government Code
Section 556.0055 which restricts lobbying expenditures.
16.1.8 Performing Party represents and warrants that in the administration of the
Contract,it will comply with all conflict of interest prohibitions and disclosure
requirements required by applicable law, rules, and policies,including Texas
Local Government Code Chapter 176.If circumstances change during the
course of the contract or grant,Performing Party shall promptly notify TCEQ.
16.1.9 Performing Party represents and warrants its compliance with Chapter 551 of
the Texas Government Code which requires all regular, special or called
meeting of a governmental body to be open to the public,except as otherwise
provided by law.
16.1.10 Performing Party represents and warrants that it does not perform political
polling and acknowledges that appropriated funds may not be granted to, or
expended by, any entity which performs political polling.
16.1.11 Performing Party certifies that it has not received a final judicial determination
finding it intentionally adopted or enforced a policy that prohibited or
discouraged the enforcement of a public camping ban in an action brought by
the Attorney General under Local Government Code §364.003. If Performing
Party is currently being sued under the provisions of Local Government Code
§364.003,or is sued under this section at any point during the duration of this
grant,Performing Party must immediately disclose the lawsuit and its current
posture to the TCEQ.
16.1.12 Performing Party represents and warrants that it will comply with Texas
Government Code Section 321.022,which requires that suspected fraud and
unlawful conduct be reported to the State Auditor's Office.
17.CONTRACT INTERPRETATION
17.1 Definitions.The word"include"and all forms such as "including"mean"including
but not limited to"in the Contract and in documents issued in accordance with
the Contract, such as Work Orders or Proposals for Grant Activities (PGAs).
17.2 Headings. The headings of the sections contained in this Contract are for
convenience only and do not control or affect the meaning or construction of any
provision of this Contract.
17.3 Delivery of Notice. Notices are deemed to be delivered three(3)working days
after postmarked if sent by U.S.Postal Service certified or registered mall,return
receipt requested.Notices delivered by other means are deemed delivered upon
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
receipt by the addressee. Routine communications may be made by first class
mail, email,or other commercially accepted means.
17.4 Interpretation of Time. All days are calendar days unless stated otherwise.Days
are counted to exclude the first and include the last day of a period. If the last
day of the period is a Saturday or Sunday or a state or federal holiday,it is
omitted from the computation.
17.5 State,Federal Law. This Contract is governed by, and interpreted under the laws
of the State of Texas, as well as applicable federal law.
17.6 Severability. If any provision of this Contract is found by any court, tribunal, or
administrative body of competent jurisdiction to be wholly or partly illegal,
invalid,void or unenforceable,it shall be deemed severable (to the extent of such
illegality,invalidity,or unenforceability)and the remaining part of the provision
and the rest of the provisions of this Contract shall continue in full force and
effect. If possible, the severed provision shall be deemed to have been replaced by
a valid provision having as near an effect to that intended by the severed
provision as will be legal and enforceable.
17.7 Assignment. No delegation of the obligations,rights,or interests in the Contract,
and no assignment of payments by Performing Party will be binding on TCEQ
without its written consent, except as restricted by law. No assignment will
release or discharge the Performing Party from any duty or responsibility under
the Contract.
17.8 Venue. Performing Party agrees that the Contract is being performed in Travis
County,Texas,because this Contract has been performed or administered, or
both,in Travis County,Texas. The Performing Party agrees that any cause of
action involving this Contract arises solely in Travis County,Texas.
17.9 Publication. Performing Party agrees to notify TCEQ five(5) days prior to the
publication or advertisement of information related to this Contract. Performing
Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or
endorsement without written permission signed by the appropriate TCEQ
authority.
17.10 Waiver. With the exception of an express,written waiver in the form of a
unilateral amendment signed by TCEQ,no act or omission will constitute a waiver
or release of Performing Party's obligation to perform conforming Contract
Activities. No waiver on one occasion,whether expressed or implied, shall be
construed as a waiver on any other occasion.
17.11 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract
Activities in conformity with all applicable laws, regulations, and rules and obtain
all necessary permits and licenses.
17.12 Counterparts. This Contract may be signed in any number of copies. Each copy
when signed is deemed an original and each copy constitutes one and the same
Contract.
17.13 Accessibility. All electronic content and documents created as deliverables under
this Contract must meet the accessibility standards prescribed in 1 Texas
Administrative Code §§ 206.50 and 213 for state agency web pages,web content,
software, and hardware, unless TCEQ agrees that exceptions or exemptions apply.
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582.24-01390
Cost Budget
To be completed by Performing Party and submitted with Schedule of Work
Cooperative Reimbursement Contract
for State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for work performed are as follows:
Portion that is
Budget Cost for Work to be Administrative
Category Performed Costs(must be 10%
or less of Total)
Salary/Wages $9,280.00 $9,280.00
Fringe Benefits $2,274.62 $2,247.62
Travel $0.00
Supplies $0.00
Equipment $0.00
Contractual $0.00 $125.551.30
Construction $0.00
Other $0.00
Indirect Costs 2,422.08 $2,422.08
Total $139,949.70 $139,501.00
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is %26.10 of
(check one):
❑ salary and fringe benefits
❑ modified total direct costs
® other direct costs base
If other direct cost base, identify: Salaries Only
This rate is less than or equal to (check one):
® Predetermined Rate—an audited rate that is not subject to adjustment.
❑ Negotiated Predetermined Rate—an experienced-based predetermined rate agreed to
by Performing Party and TCEQ. This rate is not subject to adjustment.
❑ Default Rate—a standard rate of ten percent of salary/wages may be used in lieu of
determining the actual indirect costs of the service.
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TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
3. Other. If Budget Category "Other" is greater than $2 5,000 or more than 10% of budget
total, identify the main constituents:
4. Travel. In order to be reimbursable, travel costs must be specifically authorized in
advance of the travel. Travel costs will be reimbursed only in the amount of actual costs,
up to the maximum allowed by law for employees of the State of Texas at the time the
cost is incurred.
5. Budget Categories. The Budget Categories above have the definitions, requirements and
limitations stated in TxGMS. Construction costs are not reimbursable without prior,
specific written authorization from TCEQ.
6. Budget Control.
a. Cumulative transfers equal to or less than 10%of the Total Budget.Performing Party
may transfer amounts between the approved direct cost budget categories so long as
cumulative transfers from direct cost budget categories during the Contract Period do
not exceed ten percent (10%) of the Total Budget amount. Performing Party must
timely submit a Budget Revision Request(BRR) Form reflecting the revised budget.
Upon approval by TCEQ the BRR will be incorporated into this Contract as though it is
a document revised under General Term and Condition Section 1.2.The 10%limit does
not reset with the approval of each BRR. It resets when an amendment is signed by the
parties reflecting changes to the budget.
b. Cumulative transfers greater than 10%of the Total Budget. TCEQ must pre-approve
in writing all budget revisions that result in the cumulative transfer from direct cost
budget categories of funds greater than 10%of the Total Budget during the Contract
Period. The Performing Party must request to amend the Contract. A contract
amendment is required before Performing Party incurs these costs.
c. Performing Party may not transfer amounts to budget categories containing zero
dollars without TCEQ pre-approval in writing.
7. Invoice Submittal. Unless otherwise stipulated in the Contract,invoices must be
submitted to the individual named in the Notices, Project Representatives and Records
Location document at monthly intervals. Final invoices shall be submitted within two (2)
calendar months after completing the Scope of Work activities. TCEQ may unilaterally
extend this deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows how the budget control
requirement is being met.
8. Supporting Records. Performing Party shall submit records and documentation to TCEQ
as appropriate for the review and approval of reimbursing costs. TCEQ may reject
invoices without appropriate supporting documentation. TCEQ has the right to request
additional documentation such as expenses for the invoice period,year-to-date expenses,
projected totals for the year (or applicable contract period), percent of budget spent to
date, and percentage of budget projected to be spent. Performing Party shall maintain
records subject to the terms of this Contract.
9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable
rate entered above. If no reimbursable rate is shown above, indirect costs are not
reimbursable under this Contract. The reimbursable rate must be less than or equal to the
rate authorized under TxGMS. To the extent that the reimbursable rate is lower than
Performing Party's actual indirect costs,Performing Party is contributing its unreimbursed
24 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-013911
indirect costs to the successful performance of this Contract, and waives any right it may
have to reimbursement of those costs (if this Contract requires matching funds,
Performing Party may claim its unreimbursed indirect costs as part or all of its match).
Performing Party must fund all unreimbursed indirect costs from other funds.It is the
Performing Party's responsibility to ensure that unreimbursed indirect costs are not
charged to other projects which do not benefit from them, and that it uses funding
sources that may be properly used to fund its unreimbursed costs.
25 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390
Notices, Project Representatives and Records Location
PROJECT TITLE: RIDER 7 PM2.S LOCAL AIR QUALITY PLANNING GRANT
1. Representatives.The individual(s)named below are the representatives of TCEQ and Performing
Party. They are authorized to give and receive communications and directions on behalf of the
TCEQ and the Performing Party as indicated below. All communications including official contract
notices must be addressed to the appropriate representative or his or her designee.
2. Changes in Information. Either party may change its information in this Notices, Project
Representatives and Records Location document by providing notice to the other party's
representative for contractual matters.
3. TCEQ Representatives
TCEQ CONTRACT MANAGER TCEQ PROJECT MANAGER
(for Contractual Matters) (for Technical Matters)
Amy Fountain Macayla Coleman
Contract Specialist Project Coordinator
Title Title
Texas Commission on Environmental Texas Commission on Environmental
Quality Quality
P.O.Box 13087 P.O.Box 13087
MC-164 MC-206
Austin,Texas 78711-3087 Austin,Texas 78711-3087
Telephone No. (512) 239-1236 Telephone No.(512)239-4986
Facsimile No. (512) 239-1500 Facsimile No.(512)239-1500
Email Address: Email Address:
Amy.Fountain@tceq.texas.gov Macayla.Coleman@tceq.texas.gov
4. Performing Party Representatives.
For Contractual Matters For Technical Matters
Vicky Glen Joel Skidmore
Finance Grants Manager Air Quality Specialist
Title Title
Telephone No. (361)826-3406 Telephone No.(361)826-1564
Facsimile No. (361) 826-1330 Facsimile No. (361) 826-1330
Email Address: vickyg@cctexas.com Email Address:
ioels4@cctexas.com
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:
Invoic'e_AQD@tceq.texas.gov
26 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Mr Quality Planning Grant Contract Number:582-24-01390
6. Designated Location for Records Access and Review. The Performing Party designates
the physical location indicated below for record access and review pursuant to any
applicable provision of this Contract:
City Hall, Accounting Operations Office
1201 Leopard Street
Corpus Christi TX 78401
(City/State ZIP)
27 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
Attachment A:
Financial Status Report (FSR)
28 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
Texas Commission on Environmental Quality
FINANCIAL STATUS REPORT
STATE AGENCY ORGANIZATION UNIT
1. TO WHICH REPORT IS SUBMITTED:
2. GRANT/CONTRACT TITLE:
3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION(NAME AND COMPLETE ADDRESS,
INCLUDING ZIP CODE):
5. TCEQ CONTRACT NUMBER:
6. FINAL REPORT: YES NO
7. ACCOUNTING BASIS: CASH ACCRUAL
8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT:
FROM TO FROM TO
10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance**
Budget This Report Project Cost
a Personnel/Salary
b Fringe Benefits *
cTravel *
d Supplies
e Equipment
f Contractual
g Construction *
h Other
i Total Direct Costs(Sum a-h)
j Indirect Costs
k Total(Sum of i&j)
List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories.
Please attach receipts,as required,in accordance with 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
29 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
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 10f on Form 20248) $
*LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR
EXPENDITURE.
30 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
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.
31 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for approval) COST COST
TOTAL SUPPLY EXPENDITURES(must agree with line 10d on Form 20248) $
OTHER EXPENDITURES (during this report period)
NUMBER DESCRIPTION UNIT TOTAL TASKS
PURCHASED COST COST
TOTAL OTHER EXPENDITURES(must agree with line 10h on Form 20248) $
*LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT
EQUAL OR EXCEED$500.
32 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
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
33 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
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 travelers,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.
34 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582.24-01390
Attachment B:
Release of Claims
(Must be returned with last invoice per the General Term and Condition titled
Release of Claims)
35 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
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 [Performing Party's Name] (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
(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)
36 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
Attachment C:
Budget Revision Request
(Must be returned as specified in the Cost Budget)
37 of 42
TCEQ Contract Name:City or Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number.582-24-01390
BUDGET REVISION REQUEST FORM
Purpose:To document recipient organization's proposed budget changes to ensure project deliverables are met and fiscal accountability.
Prior TCEQ review and approval is required before incurring specific costs resulting in cumulative transfers of more than 10%of the total
budget.
Instructions:Complete 1.-8. Total the amounts.
1.Recipient Organization(Name&Complete Address Including Zip Code):
2.Grant/Contract Title: 3.Payee Identification No.:
4.TCEQ Contract No.: 5.Total Project/Grant Period:
6.Budget Categories: 7.Approved Budget 8.Change Requested(+or-) 9.New or Revised Budget
a.Personnel/Salaries
b.Fringe Benefits
c.Travel
d.Supplies
e.Equipment
f. Contractual
g.Construction
h.Other
i.Total Direct Costs(sum a-h)
j.Indirect Costs(_%x$ [Base:
Salary)]
k.Total(sumi&j)
Justification(Attach additional sheets,if necessary):
***Budget Revision Request must contain all signatures to be approved/valid***
Signature of Recipient's Representative Date Type or Printed Name and Title
Signature of TCEQ Project Manager Date Type or Printed Name and Title
Signature of TCEQ Contract Manager Date Type or Printed Name and Title
38 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.S Local Air Quality Planning Grant Contract Number:582-24-01390
Attachment D:
Level-of-Effort Certification
(Certification(s) must be returned with each invoice if required per the General
Term and Condition titled Level-of-Effort Certification (LEC))
39 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
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-3 0( • X%
582-XX-X300X • X%
582-XX-XX 00( • X%
582-XX-)(XX X • X%
582-XX-X3,001 • X%
582-XX-X300a • 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 Supervisor Name
Employee Signature Supervisor Signature
Date Date
90 of 42
TCEQ Contract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
Attachment E:
Personnel Eligibility List
(Must be returned per the General Term and Condition titled Personnel
Eligibility List(PEL))
41 of 42
TCEQContract Name:City of Corpus Christi
Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390
Personnel Eligibility List (PEL)
Performing Party:
Date:
Initial
Staff Name or Date Added Date Estimated
"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.
42 of 42
Texas Commission on Environmental Quality(TCEQ)
Contract Name:Rider 7 PM2.5 Local Air Quality Planning
Grant
THE CONTRACT FROM TCEQ TO:
City of Corpus Christi (City of Corpus) Rider 7 PM2.5
Local
Air Quality Planning Grant TCEQ PCR No.
01390
Contract Number: 582-24-01390
NOTICE TO COMMENCE
Contract Amount: $139,501.00
Grant Period 2024-2025 Amount: $139,501.00
Date for Completion of Work: December 31,2025
TCEQ executed Contract No. 582-24-01390 on August 28, 2024.The Grantee submitted a
revised Statement of Work(SOW)for calendar year(CY) 2024 and 2025 on September 25,
2024.The TCEQ Project Manager has reviewed and approved the Grantee's Statement of
Work and hereby incorporates the 2024-2025 Statement of Work as an Exhibit to TCEQ's
Executed Contract.
TCEQ:
Texas Commission on Environmental Quality
(Authorized Signature)
Marissa Jimenez
(Printed Name)
Project Manager
(Title)
Date:
EXHIBIT B,STATEMENT OF WORK
TCEQ Contract Name: City of Corpus Christi Contract#582-24-01390
Rider 7 Local Air Quality Planning Grant
STATEMENT OF WORK
CITY OF CORPUS CHRISTI(Performing Party/Grantee)
CONTRACT(GRANT)NUMBER: 582-24-01390
STATEMENT OF WORK ACTIVITIES NO: 832002S
SUBGRANTEES TO BE USED UNDER THIS CONTRACT: TEXAS A&M
UNIVERSITY-CORPUS CHRISTI
Rider 7—Statement of Work
TIMELINE
The activities shall begin upon issuance of this executed Statement of Work and must be completed
no later than December 31,2025.
TOTAL AMOUNT OF THIS STATEMENT OF WORK ACTIVITIES: $139,501.00
The total amount to be reimbursed by TCEQ for activities performed under this Statement of Work
shall not exceed the amount shown above unless the amount is changed by an amendment.
GRANT ACTIVITIES
The Performing Party will implement all grant activities in order to monitor ozone and
inventorying emissions, as required in Rider 7, Texas Commission on Environmental Quality,
Article VI of the General Appropriations Act of the 88tb Legislature.
Task 1-Project Management
The City of Corpus Christi will provide technical and fiscal oversight of the project to ensure all
activities and deliverables are acceptable, complete as scheduled and within budget, including
ensuring that no more 10%of costs are spent on administrative expenses.Project management will
be documented and provided to the TCEQ Project Manager through a Quarterly Progress Report
(QPR)and quarterly Financial Status Report(FSR).
Subtask 1.1 QPR: The City of Corpus Christi will electronically submit QPRs to the TCEQ
Project Manager via email. QPRs will
1. Summarize all activities performed with respect to each task and subtask of this statement of
work for the previous quarter;
2. Establish performance goals for each task and subtask for the quarter in which the report is
delivered;
3. Compare accomplishments on every task and subtask to performance goals established in the
previous quarter;
4. Summarize any reasons why performance goals were not met,when applicable; and
5.Provide a preliminary estimate of costs by task and subtask for the reporting period.
1
TCEQ Contract Name: City of Corpus Christi Contract#582-24-01390
Rider 7 Local Air Quality Planning Grant
Subtask 1.2 FSR: The City of Corpus Christi will submit FSRs to the TCEQ Contract Manager
in accordance with the Special Terms and Conditions.
Subtask 1.3 Contact Communication: The City of Corpus Christi's Project Manager will be
available for questions from the TCEQ Project Manager during the project and up to one month
after completion.
Deliverables and Dates Task 1:
Deliverable Task 1 Deliverable Date
Deliverable 1.1:Quarterly progress and Financial Reports and Financial Status reports Quarterly Progress
Status Reports Reports indicated in the Grant;30th of December,
March,June and September
Deliverable 1.2:Contract Communications will be All reasonable times during communication will be
available between both parties available the performance of work and at between both
parties least one month after the contract is completed.
A minimum of 30 days before public meetings/events,
or major task activities or development.
Deliverable 1.3 Contact Communication The performing party will be available for
communication up to one month after completion of
the contract.
Cost Breakdown of Task 1: Project Management Salary and Fringes$13,950
Task 2-Statement of Work
Subtask 2.1-Statement of work:
This document is serving as the statement of work.The purpose of the work is to establish a PM2.5
and PMio monitoring site within the Corpus Christi airshed to support air quality management
under the State Implementation Plan (SIP). This includes installing and calibrating a T640X PM
analyzer,monitoring PM2.5 and PMto levels gathering data on physical and chemical atmospheric
conditions associated with elevated particulate matter levels.
Subtask 2.2-Quality Assurance/Quality Control Procedures:
The performing party will follow a QAPP to ensure the adherence of data or other products to
established criteria. The Draft QAPP will be submitted within 30 calendar days after Task 2.1 is
approved.
Deliverables and Dates Task 2:
Deliverables Task 2 Date
Deliverable 2.1 Statement of Work 1/2025
Draft QAPP submitted within 30 calendar days after Task 2.1 is
Deliverable 2.2 QAPP approved.The QAPP must be accepted by the TCEQ prior to the start
of technical activities.
Deliverable Cost Task 2: $0(Cost is included in 3.2 Salary and Fringe$20,348)
2
TCEQ Contract Name:City of Corpus Christi Contract#582-24-01390
Rider 7 Local Air Quality Planning Grant
Task 3-Inventorying emissions, monitoring of pollutant levels, air pollution and data
analysis,modeling pollution levels,and administration of the program
Subtask 3.1-Inventorying Emissions: N/A
Subtask 3.2-Monitoring of Pollutant Levels:
The goal of subtask 3.2 will be to develop a particulate matter(both PM2.5 and PM io)monitoring
site in Nueces County portion of the Corpus Christi airshed.This site will tentatively be co-located
with the existing city ozone monitoring site at 4925 Holly Rd, Corpus Christi, TX 78411 due to
previous site development, site agreement and power access. A T640X FEM PM2.5 and PM io
analyzer and shelter modified specifically for the T640X will be purchased and delivered to the
air monitoring site. The PM analyzer will be calibrated according to the Code of Federal
Regulations Title 40 Part 58 and manufacturer specifications and will require a QAPP. This
monitoring site will align with the State Implementation Plan(SIP)goals by providing air quality
data that could be used to understand air quality in the area.
Deliverables and Dates Subtask 3.2
Deliverables Subtask 3.2 Date
Deliverable 3.2 Ordering of air monitoring site shelter and instrumentation February 2025
Deliverable 3.2 Lab quality check of instrumentation and field deployment March 2025
Deliverable 3.2 Ambient monitoring data collected at monitoring sites delivered to Continuously between
TCEQ and posted on the Coastal Bend Air Quality Partnership website. April 1,2025 through
November 30,2025
Cost breakdown Subtask 3.2
Item Cost
Salary and Fringe 20,348
Tuition 10,055
Maintenance/Parts/Calibration 12,883
Travel to site 4,000
PM analyzer/shelter 63,000
Indirect 15,265
TOTAL 125,551
Cost descriptions Subtask 3.2:
Salary and Fringe(Total$20,348): (PI 0.20 months and MS graduate student 12 months).
Tuition (Total$10,055): Tuition for one graduate student over the 1-year period.
Maintenance Costs/Replacement parts/Calibration supplies(Total$12,883)
Travel to monitoring site($4,000): Truck rental,fuel,mileage
PM analyzer and modified air-conditioned shelter (Total $63,000): One T640X FEM PM2.5
and PM to analyzers and air-conditioned shelter modified specifically for the T640X.
Indirect ($15,265): Indirect costs requested on this proposal are calculated at the Texas A&M
Corpus Christi federally negotiated rate of 41% of Modified Total Direct Costs. Modified total
direct costs consisting of all direct salaries and wages, applicable fringe benefits, materials and
supplies, services,travel and up to the first$25,000 of each subaward(regardless of the period of
performance of the subawards under the award). Modified total direct costs shall exclude,
equipment, capital expenditures, charges for patient care, rental costs, tuition remission,
scholarships and fellowships,participant support costs and the portion of each subaward in excess
3
TCEQ Contract Name:City of Corpus Christi Contract#582-24-01390
Rider 7 Local Air Quality Planning Grant
of$25,000. Other items may only be excluded when necessary to avoid a serious inequity in the
distribution of indirect costs,and with the approval of the cognizant agency for indirect costs.
Subtask 3.3-Air Pollution and Data Analysis
Subtask 3.3 will report atmospheric conditions and chemical precursor concentrations associated
with high or standard exceeding PM2.5 and PMKo measurements in the Corpus Christi airshed.
Atmospheric conditions (i.e., wind direction, wind speed, relative humidity, temperature) and
ancillary pollutant concentrations(i.e., ozone,NON)which are measured via separate funding will
be obtained directly at the site. The report will be developed through the below investigations and
analyses.This task will support the State Implementation Plan.
Evaluate wind speeds, wind directions, relative humidity and temperature associated with
background and high PM events to determine the local conditions and sources associated with high/low
PM levels
• Determine diurnal and seasonal trends associated with background and high PM levels
• Determine 24-hour air mass back trajectories using NOAA HYSPLIT software to
determine source regions likely to affect local area ozone.
• Perform weekday vs. weekend analysis to evaluate the potential effectiveness of
reduced levels of local industrial and mobile source activity
• Address additional relevant questions listed in Section 11.1.1 of EPA's ozone
modeling guidance document, Guidance on the Use of Models and Other Analyses to
Demonstrating Attainment of Air Quality goals for Ozone, PM2.5, and Regional Haze.
Deliverables and Dates Subtask 3.3
Deliverables Task 3.3 Date
Deliverable 3.3 Preliminary analysis upon request with quarterly reports and Quarterly by the 30tn of
full analysis provided in Draft and Final Reports via Task 4 December,March,June,&
September
Cost Breakdown Subtask 3.3: $0 (Cost is included in 3.2 Salary and Fringe$20,348)
Subtask 3.4-Modelling Pollution Levels: N/A
Task 4-Draft and Final Reports
Subtask 4.1-Draft Report
The draft report will provide a comprehensive overview of activities undertaken and any data
collected and analyzed. The draft report will highlight major activities and key findings, provide
pertinent analysis and detail relevant statistics, including data,parameter, or model completeness,
accuracy and precision.
Subtask 4.2-Final Report
We will consider all comments received from TCEQ on the Draft Report and prepare a Final
Report. The Final Report will be prepared in the same format as the Draft Report.
4
TCEQ Contract Name:City of Corpus Christi Contract#582-24-01390
Rider 7 Local Air Quality Planning Grant
Deliverables and Dates Task 4
Deliverables Task 4 Date
Deliverable 4.1 Draft Report December 1,2025
Deliverable 4.2 Final Report December 31,2025
Cost Breakdown Task 4: $0(Cost is included in 3.2 Salary and Fringe$20,348)
Summary Schedule of Deliverables for the Statement of Work
Task Deliverable Date
1 Deliverable 1.1:Quarterly progress Reports and Financial Status reports Quarterly Progress Reports
and Financial Status Reports indicated in the Grant; 30th of December, March, June and
September
1 Deliverable 1.2:Contract All reasonable times during communication will be available the
Communications will be available performance of work and at between both parties least one month
between both parties after the contract is completed. A minimum of 30 days before
public meetings/events,or major task activities or development.
1 Deliverable 1.3 Contact The performing party will be available for communication up to
Communication one month after completion of the contract.
2 Deliverable 2.1 Statement of Work 1/2025
2 Draft QAPP within 30 calendar days after Task 2.1 is approved.
Deliverable 2.2 QAPP The QAPP must be accepted by the TCEQ prior to the start of
technical activities.
3 Deliverable 3.2 Ordering of air
monitoring site shelter and February 2025
instrumentation
3 Deliverable 3.2 Lab quality check of
instrumentation and field March 2025
deployment
3 Deliverable 3.2 Ambient monitoring
data collected at monitoring sites Continuously between April 2025 through November 30,2025
delivered to TCEQ
3 Deliverable 3.3 Preliminary analysis
upon request with quarterly reports Quarterly by the 30th of December,March,June,& September
and full analysis provided in Draft
and Final Reports via Task 4
4 Deliverable 4.1 Draft Report December 1,2025
4 Deliverable 4.2 Final Report December 31,2025
5
TCEQ Contract Name:City of Corpus Christi Contract#582-24-01390
Rider 7 Local Air Quality Planning Grant
Budget. Authorized budgeted expenditures for work performed are as follows:
Total Cost for Portion that is
Budget Category Work to be Administrative Costs
Performed (must be 10%or less
of Total)
Salary/Wages $13,950 $13,950
Fringe Benefits
Travel $0.00 $0
Supplies $0.00 $0
Equipment $0.00 $0
Contractual $125,551.00 $0
Construction $0.00 $0
Other $0.00 $0
Indirect Costs $0.00 $0
Total $139,501.00 $13,950.00
Performing Party/Grantee:
City of Corpus Christi
By (Authorized Signature)
Dante onza ez, D Date
Interim Director of Public Health
6
EXHIBIT C,BUDGET
Authorized Contractual Expenditures for Subrecipient:
Item Cost
Salary&Fringe $20,348.00
Tuition $ 10,055.00
Maintenance/Parts/Calibration $ 12,883.00
Travel to Site $4,000.00
PM Analyzer/Shelter $63,000.00
Indirect Costs $ 15,265.00
Total $125,551.00
Expenditure Cost Descriptions:
1. Salary&Fringe-$20,348.00
a. Principal Investigator—0.20 Months
b. Master of Science Graduate Student— 12 Months
2. Tuition-$10,055.00
a. Tuition for one graduate student during the 1-Year Contract Period
3. Maintenance/Parts/Calibration-$12,883.00
a. Maintenance costs,replacement parts,calibration supplies.
4. Travel to Site- $4,000.00
a. Truck rental,fuel,and mileage.
5. PM Analyzer/Shelter-$63,000.00
a. One T640X DEM PM2.5 and PM10 analyzer.
b. Air-conditioned shelter modified specifically for the T640X.
6. Indirect Costs-$15,265.00
a. Indirect costs requested on this proposal are calculated at the Texas A&M Corpus Christi
(TAMU-CC)federally negotiated rate of 41 %of Modified Total Direct Costs,as defined below.
b. TAMU-CC's Modified Total Direct Costs shall exclude equipment greater than$5,000 and a useful
life greater than 1 year;capital expenditures;charges for patient care;rental costs;tuition remission;
scholarships and fellowships;participant support costs and the portion of each subaward in excess
of$25,000.
c. Other items may only be excluded when necessary to avoid serious inequity in the distribution of
indirect costs,and with the approval of the cognizant agency for indirect costs.
COLLEGES AND UNIVERSITIES RATE AGREEMENT
EIN: 1 741 760663A1 Date: 01 /30/2023
ORGANIZATION: FILING REF.: The preceding
Texas A&M University - Corpus Christi agreement was dated
6300 Ocean Drive 03/25/2019
Unit 5737
Corpus Christi, TX 7841 2
The rates approved in this agreement are for use on grants, contracts and other agreements
with the Federal Government, subject to the conditions in Section III.
SECTION I: INDIRECT COST RATES
RATE TYPES: FIXED FINAL PROV. (PROVISIONAL) PRED. (PREDETERMINED)
EFFECTIVE PERIOD
TYPE FROM IO. RATE(%) LOCATION APPLICABLE TO
PRED. 09/01 /2022 08/31 /2024 38.00 On Campus Organized Research
PRED. 09/01 /2022 08/31 /2024 38.00 On Campus Instruction
PRED. 09/01 /2022 08/31 /2024 35.00 On Campus Other Sponsored Activities
PRED. 09/01 /2024 08/31 /2026 41 .00 On Campus Organized Research
PRED. 09/01 /2024 08/31 /2026 41 .00 On Campus Instruction
PRED. 09/01 /2024 08/31 /2027 37.00 On Campus Other Sponsored Activities
PRED. 09/01 /2026 08/31 /2027 42.00 On Campus Organized Research
PRED. 09/01 /2026 08/31 /2027 42.00 On Campus Instruction
PRED. 09/01 /2022 08/31 /2027 26.00 Off Campus All Programs
PROV. 09/01 /2027 Until Amended Use same rates and conditions as
those cited for fiscal year ending
August 31 , 2027.
BASE
Modified total direct costs, consisting of all direct salaries and wages, applicable fringe benefits,
materials and supplies, services, travel and up to the first $25,000 of each subaward (regardless of the
period of performance of the subawards under the award). Modified total direct costs shall exclude
equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships
and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other
items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect
costs, and with the approval of the cognizant agency for indirect costs.
Page 1 of 3 U46557
ORGANIZATION: Texas A&M University— Corpus Christi
AGREEMENT DATE: 01/30/2023
SECTION II: SPECIAL REMARKS
TREATMENT OF FRINGE BENEFITS:
The fringe benefits are specifically identified to each employee and are charged individually as direct
costs. The directly claimed fringe benefits are listed below.
TREATMENT OF PAID ABSENCES:
Vacation, holiday, sick leave pay and other paid absences are included in salaries and wages and are
claimed on grants, contracts and other agreements as part of the normal cost for salaries and wages.
Separate claims are not made for the cost of these paid absences.
OFF CAMPUS DEFINITION: For all activities performed in facilities not owned by the institution and to
which rent is directly allocated to the project(s) the off-campus rate will apply. Grants or contracts will
not be subject to more than one indirect cost rate. If more than 50% of a project is performed off-
campus, the off-campus rate will apply to the entire project.
FRINGE BENEFITS:
FICA
Retirement
Worker's Compensation
Life Insurance
Unemployment Insurance
Health Insurance
Accrued Compensated Absences
Your next proposal based on actual costs for the fiscal year ending 08/31 /2026 is due in our office by
02/28/2027.
Equipment means tangible personal property (including information technology systems) having a useful
life of more than one year and a per-unit acquisition cost which equals or exceeds $5,000.
Page 2 of 3 U46557
ORGANIZATION: Texas A&M University- Corpus Christi
AGREEMENT DATE: 01/30/2023
SECTION III: GENERAL
A. LIMITATIONS:
The rates in this Agreement are subject to any statutory or administrative limitations and apply to a given grant, contract or other
agreement only to the extent that funds are available. Acceptance of the rates is subject to the following conditions: (1)Only costs
incurred by the organization were included in its facilities and administrative cost pools as finally accepted: such costs are legal
obligations of the organization and are allowable under the governing cost principles; (2)The same costs that have been treated as
facilities and administrative costs are not claimed as direct costs; (3)Similar types of costs have been accorded consistent accounting
treatment; and (4)The information provided by the organization which was used to establish the rates is not later found to be
materially incomplete or inaccurate by the Federal Government. In such situations the rate(s)would be subject to renegotiation at the
discretion of the Federal Government.
B. ACCOUNTING CHANGES
This Agreement is based on the accounting system purported by the organization to be in effect during the Agreement period.
Changes to the method of accounting for costs which affect the amount of reimbursement resulting from the use of this Agreement
require prior approval of the authorized representative of the cognizant agency.Such changes include, but are not limited to, changes
in the charging of a particular type of cost from facilities and administrative to direct. Failure to obtain approval may result in cost
disallowances.
C. FIXED RATES:
If a fixed rate is in this Agreement, it is based on an estimate of the costs for the period covered by the rate.When the actual costs for
this period are determined, an adjustment will be made to a rate of a future year(s)to compensate for the difference between the
costs used to establish the fixed rate and actual costs.
D. USE BY OTHER FEDERAL AGENCIES:
The rates in this Agreement were approved in accordance with the authority in Title 2 of the Code of Federal Regulations, Part 200 (2
CFR 200), and should be applied to grants, contracts and other agreements covered by 2 CFR 200, subject to any limitations in A
above.The organization may provide copies of the Agreement to other Federal Agencies to give them early notification of the
Agreement.
E. OTHER:
If any Federal contract, grant or other agreement is reimbursing facilities and administrative costs by a means other than the approved
rate(s)in this Agreement,the organization should (1)credit such costs to the affected programs, and (2)apply the approved rate(s) to
the appropriate base to identify the proper amount of facilities and administrative costs allocable to these programs.
BY THE INSTITUTION: ON BEHALF OF THE GOVERNMENT:
Texas A&M University- Corpus Christi DEPARTMENT OF HEALTH AND HUMAN SERVICES
(INSTITUTION) (AGENCY)
. Karim -S Digitally signed by ArifM.Karim-S
Jaclyn Mahlmann Digitally signed by Jaclyn Mahlmann Date:2023.02.03 13:29:57-06'00'
Date:2023.02.03 14:29:06-06'00' Arif M
(SIGNATURE) (SIGNATURE)
Jaclyn Mahlmann Arif Karim
(NAME) (NAME)
Vice President of Finance & Administration Director. Cost Allocation Services
(TITLE) (TITLE)
2/3/23 01 /30/2023
(DATE) (DATE)
HHS REPRESENTATIVE: Denise Shirlee
TELEPHONE: (214) 767-3261
Page 3 of 3 U46557