HomeMy WebLinkAboutC2007-487 - 11/20/2007 - ApprovedContract No. 582-8-86230
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
GRANT AGREEMENT
For
AIR QUALITY PLANNING
THIS AGREEMENT T is between the Texas Commission on Environmental Quality TCEQ and the City
of Corpus Christi (PERFORMING PARTY).
TCEQ and PERFORMING PARTY agree as follows:
ARTICLE 1, WORK
1.1 Appropriation and Description of the Work. PERFORMING PARTY agrees to complete all the
Work as specified in the Contract Documents, The work is generally described as follows:
Appropriation: Air Quality Planning. Included in announts appropriated above out of the Clean
Air Account No. 151 in Strategy A. I.1, Air Quality Assessment and Planning, is $5,075,000 for the
biennium for air quality planning activities to reduce ozone and other federally designated criteria
pollutants as approved by the Texas Commission on Environmental Quality TCEQ in areas
including Austin, Corpus Christi, Longview- Tyler - Marshall, San Antonio, and Victoria. These
activities may include identifying, inventorying, and monitoring of current pollution levels;
modeling future pollution levels; and the identification, quantification, and implementation of
potential pollution reduction through appropriate controls. The areas receiving funds shall
coordinate with the TCEQ to ensure that these activities are consistent with agency monitoring,
inventory and modeling approaches and infrastructure.
General Appropriations Act, 80th Lei R.S.
Use of Funds
1.2 PERFORMING PARTY is encouraged to maximize e use of Air Quality Planning funds for
technical purposes, such as data collection and analysis, field study work, and research and
minimize use of the Rider funds for supplementary outreach materials.
Work k Plan
1.3 The PERFORMING PARTY has prepared a Work Plan document (Attachment B), that describes
each task of each project in support of the State Implementation Plan (SIP) development process
and other types of air quality planning activities and projects that the PERFORMING ING PARTY
agrees to complete by August 31, 2009. The task descriptions include sufficient detail to enable
the TCEQ to determine the Work to be completed, who will perform the work, the budget for
each project, what work products, services, or deliverables, or both, that will be provided to the
TCEQ, dates on which the work related to each task will be completed, and the total amount of
funding required to complete the Work described in the Work Plan.
2007 -487
11/20/07
Res. 027501 1
TCEQ (Air Quality Ping.)
Contract No. 582-8-86230
1.3.1. The work Plan includes sufficient detail about possible travel outside of Texas to enable
TCEQ to determine whether anticipated meetings or conferences are necessary and
reasonable to the work.
Quality Assurance Quality Control (QA/QC
1.4 All routine monitoring data that will be seat to the TCEQ Lockheed Environmental Analysis
Display System (LEADS) or Texas Air- Monitoring Information System TAMIS systems must
be collected using the TCEQ standard procedures, where they exist, as the minimum specification
for the work, unless otherwise agreed to ahead of time by the grantor. Existing standards or
procedures are available from the TCEQ Monitoring Operations Division.
1.5 Special purpose monitoring data must be collected with explicit Quality Assurance Quality
Control (QA/QC) standards ardor practices (preferably those used by TCEQ. The results of
QA /QC analysis must be reported as part of any prof eet" s final report. The PERFORMING
PARTY will document the reasons for deviations from established TCEQ standard procedures,
and document to TCEQ.
1.6 All meteorological or photochemical modeling demonstrations performed by the PERFORMING
PARTY or its contractors and included in State Implementation Plan submittals shall be done
according to protocols agreed to by the TCEQ. Any deviations from the agreed protocol made
during the course of the work shall be reported to the TCEQ.
l.' All Emissions Inventory development work will include an Inventory Preparation Plan approved
by the TCEQ. The PERFORMING ING PARTY will document all deviations from the Inventory
Preparation Plan in its final project report.
1.8 Technical projects providing support to Mate Implementation Plan revisions must be completed
according to explicit QA /QC standards and practices developed at the start of the project. The
results of QA/QC analyses must be reported as part of any project's final report. Any deviations
from the established QA/QC standards and practices shall be documented by the PERFORMING
PARTY or its contractor.
Notice to Proceed
1.9 The TCEQ has reviewed and approved the work Plan contained in Attachment B. Upon the
signing of this Grant Agreement by both parties, the TCEQ shall issue the PERFORMING
PARTY TY a Notice to Proceed authorizing the work described in the work Flan for reimbursement.
Work shall not begin, nor may costs be incurred, prior to the issuance of a Notice to Proceed by
TCEQ. Costs are not to be incurred, and cannot be reimbursed, that are not directly related to the
TCEQ- approved Work Plan. The Notice to Proceed shall identify the total amount of funding
available under the Grant Agreement. The sum of all the project costs must equal the total work
Plan amount.
1.10. The PERFORMING IN PARTY is authorized, with the written consent of TCEQ Project
Representative (see Article , to utilize unexpended balances allocated to a project, or projects,
in one task to complete or add to the work of another task.
2
Contract loo. 582 - -86230
Conference Calls and Meetings
l , 1. If determined by the PERFORMING PARTY and TCEQ to be necessary, every two months the
PERFORMING PARTY will hold a conference call with the TQ regarding its air duality
planning activities. The TCEQ and the PERFORMING PARTY may adjust the frequency of the
calls as necessary. The PERFORMING PARTY is responsible for the scheduling and the hosting
of each conference call. One week before the scheduled conference call the PERFORMING
PARTY will submit an agenda, technical documents, and other related documents for use during
the call,
1.12. TCEQ representatives may attend P RF RMrNG PARTY "s air quality committee meetings or
related meetings to provide technical guidance and oversight of PERFORMING PARTY "s wort
activities.
mplem en tatio n of Potential Reduction Th rough i oluntary Controls and Air Qu a fity Pu b fic Ou trreaeh
Activities
1.13. PERFORMING PARTY agrees to consult and communicate with the Small Business and Local
Government Compliance Assistance Specialist assigned to their particular TQ Regional
Office.
Progress .deports
1.14. The PERFORMING iIN PARTY agrees to submit, via electronic mail, a monthly progress report of
its activities by the 4' business clay of each month, and no later than the "' day of each month.
The progress report shall document, in sufficient technical detail and by task, the
accomplishments, ents, expenditures, and milestones achieved during the prior thirty 3 days. The
report; shall also document whether during the prior thirty days what problems, if any, were
identified and the resolution of those problems.
1.1 .1 The TQ reserves the right to alter the reporting frequency of the progress reports as
necessary to track PERFORMING PARTY" s Progress toward accomplishing the tasks of
the work plan. The TCQ will notify PERFORMfNG PARTY by electronic mail or
written letter ten (1 0) calendar days prior to the beginning of the new reporting period.
Defrveraes
1.15. Draft deliverables may be submitted in electronic format by either electronic mail or on CD by
post or by hand delivery. PERFORMING PARTY agrees to submit final deliverables as one hard
bound copy and by electronic mail or on a CD.
Required Changes to Work Plan
1.16. If one or more counties within the PFRF RM N PARTY's program area are designated by the
U.S. Environmental Protection Agency as being in violation of one or more National Ambient Air
Quality Standards with an effective date occurring during the term of this Ageement,
1.1 .1 the TCEQ may require the PERFORMING PARTY to revise the Attachment B work
Plan;
Contract No. 582-8-86230
1.1 .2 the T EQ may specify which photochemical or meteorological modeling or emissions
inventory development tasks are allowable under this Agreement;
1.1 6.3 the TCEQ may specify delivery dates for photochemical or meteorological modeling or
emissions inventory development tasks; and
1.16.4 the PERF RMI G PARTY will mark and treat all photochemical or meteorological
modeling or emissions inventory development work product as
"'DRAFT/DELIBERATIVE"' until the TCEQ agrees that those work products are of
sufficient quality t be final versions. "DRAFT/DELIBERATIVE" work products shall
not be released to third parties without the prior pennis ion of the TC Q Project
Representative, or under the terms of the Tees Open Records Act, Government Code
Ch. 552. For the purposes of 1.16.4, documents ents marl ed "Draft/Deliberative" may he
shared with agents and employees of the performing party, its contractors, and those
assisting PERFORMING PARTY, its contractors, and those assisting PERFORMING
PARTY in collecting the information.
ARTICLE 2. REIMBURSEMENT, CONTRACT AMOUNT
2.1. TCEQ will reimburse PERFORMING P RTY's costs of performing the work under the
conditions in the Contract Documents.
2.2. Reimbursement is limited to actual incurred costs which are both allowable and eligible ender the
conditions in the Contract Documents.
2.3. The maximum amount of reimbursement to be provided by TC Q for the completion of the
Work shall not exceed EiglLt hundred ei -fur thousand six hundred dollars and no cents
($884,,600.QJO during the 2008 -2009 fiscal years unless the parties amend this amount in
accordance with the Contract Documents. In accord with the language of Rider 8 to T EQ's
appropriation, in the General Appropriations Act 2008 -2009 Biennium Conference Committee
Report on Senate Bill 1, the maximum amount appropriated will be divided into two equal
amounts related to each fiscal year of the biennium. Thus, the maximum amount of
reimbursement available in Fiscal Year 2008 is Four hundred forty -two thousand three hundred
dollars and no cents _($442,300 and the maximum amount of reimbursement available in
Fiscal Year 2009 is the balance of the grant not paid in Fiscal Year 2008.
ARTICLE 3. TERM of GRANT AGREEMENT
3.1 This Agreement shall commence on the last date of signature by the parties and shall terminate on
August 31, 2009. However, certain reporting requirements as identified in this contract shall
survive the termination of this contract. This Agreement shall immediately terminate at the end
of any state fiscal year for which the Texas Legislature fails to appropriate or to provide sufficient
funds necessary to perform this Agreement. This Agreement may be extended beyond August
1, 2009, as necessary, in order to allow completion of the work.
4
Contract loo. 582-8-86230
Computation of Times
., when any period of time is referred to in the Contract Documents by days, It will be computed to
exclude the first and include the last day of such period. If the last day o f any such period falls on
Saturday or Sunday or on a federal holiday, such day will be omitted from the computation.
3.3. A calendar day of twenty-four hours measured from midnight to the next midnight will
constitute a day.
ARTICLE 4, PAYMENT PROCEDURES
4.1. The PERFORMING PARTY will submit requests for payment in accordance with the conditions
in the Contract Documents.
4.2. The TCEQ may reject requests for payment which fail to demonstrate that costs are allowable and
eligible for reimbursement or which fail to conform to the conditions in the Contract Documents.
4.3. PERFORMING PARTY's requests for payment must comply with T EQ invoice processing
procedures in compliance with Article 12 of this Contract.
4.4. PERFORMING PARTY agrees that the purpose of this Agreement is to provide a grant to
financially assist PERFORMING PARTY in performing the Work and therefore, PERFORMING
PANTY is not a "vendor" of goods and services within the meaning of Texas Government Code
Chapter 225 1.
4.5. Advance Payment: This provision applies only to the Alamo Area Council of Governments, the
East Texas Council of Governments, and the Capital Area Council of Goverriments. No advance
payment will be made to the City of Victoria or the City of Corpus Christi. After the formal
awarding of the grant the PERFORMING PARTY may submit a signed written request for an
initial one -tine advance payment of no more than five - sixteenths of the maximum amount of
reimbursement provided by the TCEQ. PERFORMING PARTY'S request will explain why the
advance payment is necessary and will provide sufficient technical specifications to adequately
describe how the advance payment will be used. The technical activities described in the written
request shall be described in greater detail within the PERFORMING PARTY'S work plan.
4.5.1 This provision applies only to the Alamo Area Council of Governments, the East
Texas Council of Governments, and the Capital Area Council of Governments.
No advance payment will he made to the City of Victoria or the City of Corpus
Christi.
4.6. The PERFORMING PARTY will exhaust any advance payments made under Article 4.5 prior to
requesting payment of any additional funds from the TQ.
ARTICLE 5. FUNDING AND LEGAL AUTHORITY
5.1. Payments Subject to Availability of Funds. This Agreement and all claims, suits, or obligations
arising under or related to this Agreement are subject to and limited to the receipt and availability
of funds appropriated by the Texas Legislature for the purposes of this Agreement or for the
respective claim, suit, or obligation, as applicable.
Contract No. 582 - 8,86230
5.2. Legal Authority: TCEQ certifies that it has the authority to make a direct award of funds pursuant
to directive of the 80th {Texas Legislature in the General Appropriations Act at Article V1. 8 for
the purpose of conducting air quality planning activities in near non - attainment areas. TCEQ
eaters this Agreement pursuant to authority granted in Texas water Code § 5.229, pertaining to
the authority to contract generally and § 5.124 pertaining to the authority to award grants. In
accordance with the requirements of Tess water Code § 5.124, the TCEQ Executive Director
has determined that the solicitation of proposals or applications for this grant was not feasible and
that it is in the best interest of the state to a ward this grant directly to the PERFORMING
PARTY, a political subdivision of the State of Texas. The TCEQ further relies on authority
contained in Texas Health and Safety Code §§ 382.033 and 382-115.
3. Agreement subject to Requirements: PERF RMrN G PARTY agrees to comply with all
requirements and limitations pertaining to expenditure of and reporting of state funds in state
ales and law, including: (1 ) Texas Government Code § 783.001 et seq. (Uniform grant and
Contract Management Act or UGCMA ) and implementation ales at I Texas Administrative
Code, § 5.141 et sect, (Uniform Grant Management Standards or UGMS ) (2 Texas Government
Code Chapter 556 (pertaining to- lobbying and political activities ) and Chapter 2259 (pertaining to
requirements for reimbursement).
5.4. By signing this Agreement and obligating itself to performance, PERFORMING PARTY certifies
that it is a duly organized local government with authority to perform the Work and to receive the
reimbursement funds.
5.5. PERFORMING PARTY agrees to place notices of the source of funds and the availability of
funds, and the legal authority in all subgrnts and subcontracts it awards using funds from this
Agreement.
ARTICLE 6. PERFORMING PARTY'S REPRESENTATIONS
PERF" RMfNG PARTY represents to TCEQ, and TCEQ relies on Performing Party's representations
that:
6.1. PERF RMfNG PARTY has examined and carefully studied the Contract Documents.
6.2. PERFORMING PARTY is familiar with and understands all federal, state and local laws and
regulations that may affect cost, progress, performance or furnishing of the Work.
ARTICLE 7, CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement between TCEQ and PERFORMfNG
PARTY concerning the work consist of the following:
7.1. The TCEQ State Funded GrAnt Agreement.
7.2. Approved Work Flan Budgets
7.3. Work Plan (Scope of Work;
Contract loo. 582 - -86230
7.4. Notice to Proceed, and other documents issued after the contract is signed that are incorporated
into the contract); and
7.. General Conditions.
7.6. The following which may be delivered or issued after the Effective Date of the Agreement and
are not attached: EPA QA R-5, Quality Assurance Project Plans QAPPs at the following LJRL;
http,-//www.epa.gov/reg3wcm pd r - final.pd ; 40 CFR 50 and 58 for ambient air monitoring;
current EPA Emission Factor and Inventory Guidance and Resource Material found at the
following URL: htt2://www.epa.gov/ttn/chiet publi ation .html ems; Draft Final Guidance on
the Use of Models and Other Analyses in Attainment Demonstrations for the 8-hour Ozone
NAAQS found at htt : / /www.e a, ov /scramOOI/ idance uide/ - hour -o - Ruidance -fin l-
vesin.d; documentation on the CAMx model; and all other inventory or modeling guidance,
Work flans, Notices to Proceed, written Amendments, and other documents amending,
modifying or supplementing the Contract Documents pursuant to the General Conditions.
7.7. There are no Contract Documents other than those listed above in this Article. The Contract
Documents may be amended, modified or supplemented only as specifically provided.
GENERAL CO"ITIONS
ARTICLE 8. DEFINITIONS
Wherever used in this Grant Agreement the following terms have the meanings indicated which are
applicable to both the singular and plural:
8. Contract — means the Agreement between TCEQ and the Performing Party in writing, consisting
of the documents listed in Art. 7. The term Contract shall be used interchangeably as
"Agreement' or " ant,1'
8.1. Equipment - means tangible, none pendable, personal property having useful life of more than
one year and an acquisition cost of $5,000 or more per unit. PERFORMING PARTY may use its
own definition of equipment provided that such definition would at least include all equipment
defined above. `Equipment"' definition pertaining to acquisition cost of $5,008 or more per unit
as modified to subject state funds to the state definition or minimum cost for capitalized
equipment. TCEQ will advise a PEI FGRMfNG PARTY of the rules for capitalizing equipment
purchased from state funds and ultimate disposition.
8.2. Grantee - is the PERFORMING PARTY, a recipient of grant funds to which this grant is
awarded and is accountable for the use of the funds provided. The grantee is the entire legal
entity even if only a particular component of the entity is designated in the grant award document.
8.. Include - The word "include"' and all forms such as "including" shall be construed to introduce a
non - exhaustive list. The parties agree include is a terra of enlargement, and does not limit the
scope of the preceding noun.
7
Contract No. 582-8-86230
8.4. Minor Change - a written document which provides for minor changes in the work in accordance
Frith these General Conditions, but which does not involve a change in the Contract Price or the
Contract Times.
8.. Prior approval - means documentation evidencing consent prior to incurring specific cost.
8.6. Project — an insular objective to be accomplished by the Work Plan.
8.0. Supplies - means all tangible personal property other than "equipment" as defined in these
General Conditions.
8.8. Task ^ a step or procedural portion of a project.
8.9. Work - the entire completed services or the various separately identifiable parts thereof required
to be furnished under the Contract Documents. Work includes and is the result of performing or
furnishing labor, services, materials or equipment as required by the Contract Documents.
8.10. Work Plan - The Work Plan consists of written technical descriptions of, equipment, schedules,
standards and workmanship as applied to the Work and certain administrative details applicable.
Work Plans will describe the Work involved in the individual projects proposed by the
PERFORMING PARTY. Work Plans are effective only when approved by the TCEQ.
ARTICLE 9. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
Intent
9.1. The Contract Documents will be construed in accordance with the laws of the State of Texas.
9.. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents
or from prevailing custom or trade usage as being required to produce the intended result will be
furnished and performed by PERFORMING PAR'T'Y whether or not eeif ically called for.
9.3. When words or phrases which have a well- known technical or pollution cleanup industry or trade
meaning are used to describe Work, materials or equipment, such words or phrases shall be
interpreted in accordance with that meaning.
9-4. Reference to Standards d and Speci flcations of Technical Societies; Reporting and Resolving
Discrepancies
9.4.1 Reference to standards, specifications, guidance manuals or codes of any governmental
authority or technical society, organization or association, or to the Laws or Regulations
of any govemmental authority, whether such reference be specific or her implication, shall
mean the latest standard, specification, guidance manual, code or Laws or Regulations in
effect at the time of the Effective Date of the Agreement, except as may be otherwise
specifically stated in the Contract Documents.
9.4.2 If an error or conflict in the Agreement, or in law, is discovered, PERFORME14G PARTY
shall immediately report it to TC Q in writing. PERFORMING PARTY shall not
Contract N. 582 - -86230
proceed with the Work affected (except in an emergency as authorized by these Contract
Documents) until an amendment to the Contract has been issued. PERFORMING
PARTY shall not be liable to TCQ for failure to report any such conflict or error, unless
PERFORMING PARTY knew or reasonably should have known.
9.4.3 Except as otherwise stated in the Contract as amended, provisions of the Contract shall
take precedence in resolving any conflict, error, ambiguity or discrepancy between the
provisions of the Contract Documents and:
9.4.3.1 the provisions of,any such standard, specification, guidance manual, code or
instruction (whether or not specifically incorporated by reference in the Contract
Documents); or
9.4.3.2 the provisions of any such Laws or Regulations applicable to the
performance of the Work (unless such an interpretation of the provisions
of the Contract Documents would result in violation of such Law or
Regulation).
9.4.4 No provision of any standard, specification, guidance manual, code or instruction shah be
effective to change the responsibilities of TCEQ or PERFORMfNG PARTY, or any of
their subcontractors, consultants, agents, or employees from those in the Contract, nor
shall it be effective to assign to TCQ, any duty or authority to supervise the furnishing
or performance of the Work or other Agreement provision.
9.5. Whenever in the Contract Documents the terms "as ordered, "' "as directed," "as required, "' "as
allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable ",
"suitable," "acceptable," "proper" or '"satisfactory" or adjectives of Bice effect or import are used
to describe a requirement, direction, review or judgment of TCEQ as to the work, it is intended
that such requirement, direction, review or judgment will be solely to evaluate, in general, the
completed Work for compliance with the requirements of and information in the Contract
Documents and conformance with the design concept of the completed Project as a functioning
whole as shown or indicated in the Contract Documents (unless there is a specific statement
indicating otherwise). The use of any such terra or adjective shall not be effective to assign to
TCQ any duty or authority to supervise or direct the furnishing or performance of the Work or
any other provision of the Contract Documents.
AR'T'ICLE 1. PERFORMING PARTY'S RESPONSIBILITIES
10.1. The PERFORMING PARTY shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of all services and other work furnished by the
PERFORMING ORMING PARTY under this Agreement. PERFORMING PARTY agrees to perform the
Work in conformity with the standards and guidance documents provided by the TCQ. TCQ
may withhold reimbursement for costs of nonconforming Work.
Sup e rVI'sIon and Sup erin ten den c e
10.2. PERFORMING PARTY shall supervise, inspect and direct the Work competently and efficiently,
devoting attention and applying skills and expertise to perform the Work in accordance with the
Agreement. PERFORMING PARTY shall be solely responsible for the means - methods,
techniques, sequences and procedures of the Work. PERFORMING PARTY shall be responsible
for the accurate compliance of the completed work with the Contract Documents. nts.
Contract No. 582 - -86230
Personnel
1 , � . PERFORMING PARTY shall provide competent, suitably qualified personnel to perform the
Work as required by the Contract Documents. PERFORMING PARTY shall at all tines
maintain good discipline and order on the project.
Employment Practices
10.4. PERFORMING PARTY agrees to follow applicable state and federal laws regarding employment
practices, including but not limited to race, creed, color, disability, national origin, sex, political
affiliation or beliefs.
Materials & Equipment
10.5. Unless otherwise specified in the Contract Documents, PERFORMING PARTY shall furnish and
assume full responsibility for all materials, equipment, labor, transportation, tools, appliances,
fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the furnishing, performance, testing, start -up and
completion of the work.
10.6. All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. All materials and equipment shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance with instructions of the applicable supplier
or subcontractor, except as otherwise provided in the Contract Documents.
Title to and Management o 'Equipme t
10.7. Subject to the obligations and conditions set forth in the Contract Documents, title to all
equipment acquired under this Contract shall vest, upon acquisition or construction, in the
PERFORMING PARTY.
10.8. The PERFORMING PARTY agrees to conduct physical property inventories, to maintain
property records and necessary control procedures, and to provide adequate maintenance with
respect to all equipment acquired under this Contract.
10.9.1. The PERFORMING PARTY may develop and use its own property management system in
conformance with all applicable State and local laws, rubs and regulations. If an adequate
system for accounting for personal property owned by the PERFORMING PARTY or its
subcontractor is not in place or currently in use, the PERFORMING PARTY shall contact the
State of Texas Comptroller of Public Accounts and request The State Property Accounting User" s
Guide (#96-418) https://fmx.cpa.state.tx.us/fm/Subs/spaproc/ind ex. h
and The State Property Class Code Dist is at
httT)s://fmx.cpa.state.tx.us/fm pubs /spgro - - -iune sp proc gppa 0606.pdf.
The PERFORMING PARTY agrees to use these as guides for establishing a property
management system.
10.10. PERFORMING PARTY agrees to maintain property records that include a description of the
- property, a serial number or other identification number, the source of property, who holds title,
the acquisition date, and the cost of the property, percentage of federal participation in the cost of
the 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.
1
Contract Igo. 582 -8 -86230
1 0.11. A physical inventory of all equipment acquired or replaced with funds provided under this
Contract having an initial purchase price of Five Thousand Dollars ($5,000) or more, shall be
conducted no less frequently than once every two 2 years and the results of such inventories
reconciled with the appropriate property records.
10. 11. 1 Property control procedures utilized by the PERFORMING PARTY shall include
adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss,
damage or theft shall be investigated.
10. 11.2 The P RF RMrNG PARTY 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 such equipment is sold.
10. 12. Use of Equipment Acquired with Funds Provided Under this Agreement.
1 0.12.1 Equipment shall be used by the PERFORMING PARTY or subgrantee in the program or
proj
Contract loo. 582 - -86230
10.13.2.2 If within six 6 years of the initiation date of the Agreement, equipment
is sold or transferred, the PERFORMING PARTY must remit to T
share of the procceds from such sale, provided the fair market, per -unit
value of the property at the time of the sale is in excess of five thousand
dollars ($5,00 0). The T'C '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.
10.1 . The PERFORMING PARTY shall not grant or allow to a thin party a security interest in any
original or replacement equipment purchased or constructed with funds made available to
PERFORMING PARTY under this Contract.
10.1. The PERFORMING PARTY agrees that, in the event any funds provided under this Contract are
in turn awarded to any subgrantee for the purchase or acquisition of any equipment by such other
party, the PERFORMING PARTY's Contract with that subgrantee shall include the requirements
set forth in this Agreement.
1 0.16. In accordance with the UGMS, the PERFORMING PARTY must submit an inventory of all
state -owned property distinct from property acquired with grant funds) for which it is
accountable and request disposition instructions from the T EQ of property no longer needed.
1 0.16.1 The state owned property inventory shall be submitted to FTCQ at the time of close out
of the Agreement, ent, or upon written request by TCEQ.
Substitutes and " r- Equals' Items
r
10.1. whenever are item of material or equipment is specified or described in the Contract Documents
by using the name of proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function and quality required. Unless the
specification or description contains or is followed by words reading that no Bice, equivalent or
'tor- equal' item or no substitution is permitted, other items of material or equipment of ether
Suppliers may be accepted by T.
10.18. Substitute Methods or Procedures- If a specific means, method, technique, sequence or procedure
is shown or indicated in and expressly required by the Contract Documents,, PERFORMING
PARTY may furnish or utilize a substitute means, method, technique, sequence or procedure
acceptable to TCEQ. PERFORMING PARTY shall submit sufficient information to allow
T CEQ, in T Q's sole discretion, to determine that the substitute proposed is equivalent to that
expressly called for by the Contract Documents.
Concerning Subcontractors, Suppliers and Others
10.19, All benefits and responsibilities accorded to the PER-FORMING PARTY under UGMS shall
apply to this contract, including matters concerning subcontracts, suppliers and other parties that
the PERFORMING PARTY hires or engages. 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 method of
contracting.
10.20. The PERFORMING PARTY shall be responsible for the management and fiscal monitoring of
all subcontractors and subgrantees. The PERFORMING PARTY shall monitor its subcontractors
and subgrantees to ensure that the subcontractors and subgrantees are operating consistently with
applicable laws and regulations, applicable contracting policies, and these ContTact Documents,
1
Contract No. 582 - -86230
including but not limited to all record keeping and access requirements of this Agreement. The
TCQ reserves the right to perform an independent audit of all subcontractors and subgrantees.
Procurements
10.21. All purchases and procurements by the PERFORMING PARTY of goods or services, or both,
including contractual agreements for services utilizing funds of this Agreement shall be
conducted in a manner providing full and open competition in accordance with Subpart C,
Sec.—.36, Subsections h through i of Part I11 of UGMS.
Historically Underutilized Businesses H Bs
10.22. PERFORMING PARTY agrees that qualified HUBs shall have the maximum practicable
opportunity to participate in the performance of the work. r
1 0.23. PERFORMING PARTY's failure to comply with this Article shall be grounds for rejection of
requests for payment and for termination for cause in accordance with Article 13 entitled,
"'Termination."
Infel e c lu al Prop erty Requirements
10.24. Intellectual Property
10.24. 1. Royalties and Patent Fees. PERFORMING PARTY shall Pay all license fees and
royalties and assume all costs incident to the use or possession in the performance of
the work or the incorporation in the work of any Intellectual Property.
10.24.2. Disclosure of Intellectual Property Produced during the Work. . f F RMI G
PARTY shall promptly notify T EQ of all Intellectual Property which P RF RM NG
PARTY or PERFORMING P RTY's employees, subcontractors, or subcontractor's
employees may produce, either solely or jointly with others, during the course of the
Work. In addition, PERFORMING PARTY shall promptly notify TCEQ of all
Intellectual Property to which PERFORMING PARTY may acquire rights 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. PERFORMING PARTY shall promptly supply additional information as
TEQ may request.
10.24.3. If PERFORMING PARTY fails to protect any Intellectual Property Rights in the
Intellectual Property produced ec in the course of performing the work, TCEQ shall have
full authority to protect, assume and retain all Intellectual Property Rights in all such
Intellectual Property.
10.24.4. PERFORMING PARTY agrees that PERFORMING PARTY, its agents, and its
employees shall not use, sell, distribute, disclose or otherwise communicate any
portion of Intellectual property owned by or licensed to T EQ, except in the course of
performing the work, unless PRFRMING PARTY has independent Intellectual
Property Rights to such Intellectual Property.
10.24.5. Grant of License. with respect to such Intellectual Property as is i incorporated in
the work (other than Intellectual Property that T EQ already possesses equal or
1
Contract Nu. 582-8-86230
greater intellectual Property Rights by virtue of this Agreement or otherwise), ii
produced by PERFORMING PARTY or PERFORMING PARTY's employees,
subcontractors, or subcontractor's employees during the course of performing the
Work, or (iii) specifically identified in the Supplemental Conditions as intellectual
Property to which Intellectual Property Rights are granted pursuant to this paragraph,
PERFORMING PARTY grants to TCEQ i a nonexclusive, perpetual, irrevocable,
enterprise-wide license to reproduce, publish, or otherwise use such Intellectual
Property and associated use documentation, and ii nonexclusive, perpetual,
irrevocable, enterprise -wide license to authorize others to reproduce, publish, or
otherwise use for TE's purposes.
10.24.6. Modification-, Derivative works. TCEQ shall have the right, at its own discretion, to
independently modify any Intellectual Property to which license is granted herein for
T EQ's own purposes and use, through the services of its own employees or
independent contractors. TCEQ shall own all Intellectual Property Rights to such
modifications. PERFORMING PANTY shall not incorporate any such modifications
into its Intellectual Property for distribution to third parties unless it first obtains a
license from TCEQ.
10.24.7. PERFORMING PARTY shall comply with all Laws and Regulations relating to
Intellectual Property. PERFORMING PARTY represents to TCEQ that
PERFORMING PARTY will not infringe any intellectual Property Right of any third
party. PERFORMING PARTY further represents to TCEQ that in the course of
performing the Work it will not use or possess any Intellectual Property owned by
third party without paging any required royalty or patent fees. PERFORMING
PARTY represents that it has full title in and ownership of the Intellectual Property and
any enhancements, updates or other modifications, or that it has full power and
authority to grant all licenses granted, and that such license use by the TCEQ will in no
way constitute an infringement or other violation of any intellectual Property right of
any third party. The PERFORMING PARTY represents that it shall have, throughout
any applicable license term, 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
TCEQ by PERFORMING PARTY. Except as permitted in the Contract Documents,
,
PERFORMING PARTY shall not create or permit the creation of any lien,
encumbrance, or security interest in the work or any part, or any product licensed or
provided hereunder to TCEQ for which title has not yet passed to TCEQ, without the
prior written consent of TCEQ. PERFORMING PARTY T represents to TCEQ that
neither it nor any other company or individual performing the Work is under any
obligation to assign or give to any third party any Intellectual Property rights granted
or assigned to TCEQ, or reserved by TCEQ pursuant to the Contract Documents.
Permits
10.25. Unless otherwise provided in the Contract Documents, PERFORMING PARTY shall obtain and
pay for all construction permits and licenses. PERF RMrNG PARTY shall pay all charges of
utility owners for connections to the work, and PERFORMING PARTY shall pay all charges of
such utility owners for related capital costs such as plant investment fees.
Laws and Regulations
10.26. PERFORMING PARTY shall give all notices and comply with all applicable Laws and
Regulations to furnishing and performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, TCEQ shall not be responsible for monitoring
PERFORMING P RTY's compliance with any Laws or Regulations. PERFORMING PARTY
14
Contract No. 582-8-86230
shall bear all claims, costs, losses, and damages resulting from any work PERFORMfNG
PARTY knew or had reason to knout was contrary to Laws or Regulations.
Uniform Grant and Contract Management Act
10.27. The provisions of the Uniform Grant Management Standards UGM apply to this Agreement,
all amendments, and all subcontracts and subagreernents. Compliance with the conditions and
requirements is necessary for the satisfactory performance of this Agreement.
Energy Efficiency Standards
10.28. In performing the work funded pursuant to this contract, the P RF R 41NG PARTY shall follow
standards and policies on energy efficiency in the Texas State Energy Conservation Plan.
Taxes
10.29. Where applicable PERFORMfNG PARTY shall pay all sales, consumer, use and other simillar
taxes required in connection with the work required by this Agreement.
,Records, Documents, Data, Access, adAudi
10.30. The PERFORMING PARTY shall maintain books, records, documents, and other evidence
reasonably pertinent to performance of the Work and requirements of the Contract Documents,
including the Agreement or amendments. All financial records shall be maintained in accordance
with generally accepted accounting principles, UGMS and these Contract Documents.
10.30.1 The PERFORMING PARTY shall also maintain the financial information and data used
in the preparation or support of any request for reimbursement (direct and indirect), price
or profit analysis for this Agreement or any subagreernent or subcontract and a copy of
any cost information or analysis submitted to the TCEQ
10.30.2 The T E , Texas State Auditor's Office, or any of their authorized representatives shall
have access to all such books, records, documents and other evidence for the purpose of
review, inspection, audit, excerpts, transcriptions and /or copying during normal business
hours. The PERFORMING PARTY shall provide proper facilities for such access and
inspection.
10.31. The P R ' RMn G PARTY agrees to the disclosure of all information and reports resulting
from access to records under this Agreement.
10.32. Records created or required under this Agreement shall be maintained by the P RF RMfN
PARTY during performance f Work under this Agreement, and for three years after Final
payments, final expenditure reports and all other pending matters are closed. If any litigation,
Claim, negotiation, audit, cost recovery, or other action (including actions concerning costs of
items to which an audit exception has been taken) involving such records has been started before
the expiration of the three year period, such records must be retained until completion of the
action or resolution of all issues which arise from it, or until the end of the regular three year
period, whichever is later.
1
Contract loo. 582 - -86230
Data and Publicity
10.33. All data and other information developed under this Agreement shall be furnished to the TC Q
and shall be public data and information except to the extent that it is exempted from public
access by the Texas Public Information Act, Texas Govenunent Code § 552 (""Act"). Upon
termination of this Agreement, all copies of data and information shall be furnished, at no charge
to the TC# upon request, to include data bases prepared using funds provided under this
Agreement, and become the property of the TCEQ. Except as otherwise provided by these
Contract Documents ument or the Act, the PERFORMING PARTY shall not provide data generated or
otherwise obtained in the prfornnane of its responsibilities under this Contract to any party other
than the State of Texas and its authorized agents. -
10.34. The PERFORMING PARTY agrees to notify and obtain the-verbal approval of TCEQ prior to
releasing any information to the news media regarding the activities being conducted under this
Agreement, unless the information relates to a regular media release to inform the public
regarding compliance with air standards.
Safety and Protection
1035. 'Where applicable, PERFORMING PARTY shall be responsible for requiring subcontractors and
subgrantees to maintain and supervise all necessary safety precautions and programs in
connection with the Work. PERFORMING PARTY shall take all necessary safety precautions.
Independent on rac or
10.3. In the performance of the work Plan, the PERFORMING PARTY is, and undertakes
performance a, an independent contractor.
Lobb ing Activities
10.37. As set forth in these Contract Documents, and in accordance with the UGMS, and State law,
PERFORMING PARTY shall not support political activity either directly or indirectly with funds
provided pursuant to this contract.
r dependent Fin and lAudif
10.38. The P RF R fN x PARTY shall engage an independent financial auditor and conduct an
annual audit of the PE F R11rifNG PARTY" S financial statements in accordance with the Single
Audit provisions of UGMS:
10.38.1. All terms used in connection with audits in this Agreement shall have the definitions
and meanings assigned in the Single Audit Circular in UGMS.
10.38.2. Provisions of the Single Audit Circular in Part Iv of UGMS shall apply to all
governmental entities, except stag agencies, expending the funds of this grant,
whether they are recipients, receiving the funds directly from the TCEQ, or are
subreeipients, receiving the funds from a pass-through entity recipient or another
ubreeiplent . In addition, the PERFORMING PARTY shall require the independent
auditor to supply all audit work papers substantiating the work performed, at the
request of the TQ or its designee.
1
Contract No. 582 -8 -86230
Exceptions in Audit
10.39. TCEQ is required to take action on exceptions noted in are audit of PERFORMING PARTY's
financial records. PERFORMING PARTY agrees to submit a copy of the report and any audit of
the PERFORMING PARTY's financial records to TCEQ within twenty 2 days of receipt of
PERFORMING PARTY's receipt of an audit report. PERFORMING PARTY will also provide a
statement containing an explanation of the conditions giving rise to each exception in the audit
report as well as a plan for correction of any significant deficiencies in PERFORMING PARTY's
operations or contract performance. TCEQ may approve the statement or reject as insufficient.
At the option of the TCEQ, the PERFORMING PARTY may revise and resubmit. -If the
statement is initially or subsequently rejected by the TCEQ with no further opportunity to revise,
the TCEQ may suspend payments or may terminate the contract for cause and may undertake any
other remedies or sanctions provided under this contract.
Conflict of Interest
10.40, PERFORMING PARTY shall -notify TCEQ immediately upon discovery of any potential or
actual conflict of interest. PERFORMING PARTY Y agrees that TCEQ has sole discretion to
determine whether a conflict exists and that TCEQ may terminate the Agreement at any tune, on
the grounds of actual or apparent conflict of interest.
Survival of i s n
10.41. All representations, indemnifications, warranties and guarantees made in, required by or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion and acceptance of the Work and
termination or completion of the Agreement. All requirements for documentation and related
auditing provisions shall be in effect for three 3 gears following the end of the contract term.
Debarment
1 0.42. PERFORMING PARTY will inform TCEQ immediately in writing if PERFORMING PARTY or
any subcontractor or subgrantee is debarred by any agency of the State of Texas, or federal
govenunent from receiving procurements, contracts for goods or services, reimbursement
contracts or grants.
Laboratory Accreditation
10.43. If any laboratory produces data under this Agreement, and the preparation of such data
commences on or after July 1, 2008, the laboratory must be accredited by TCEQ according to
Title 30 Texas Administrative Code (TAQ Chapter 2 (relating to Environmental Testing
Laboratory Accreditation and Certification) Subchapters A and B as amended, for the matrices,
methods, and parameters of analysis, unless TCEQ agrees in writing to allow one of the
regulatory exceptions specified in 30 TAC 25.6.
ARTICLE 11. CHANGES IN THE WORK
11.1. A Major Change, which shall require a formal written Amendment, will include one or more of
the following:
17
Contract No. 582-8-86230
11.1.1. an increase or decrease in the amount of compensation to the PERFORMING PARTY;
11.1. . an extension or shortening of the tern of the Agreement;
11.1.3. a significant change in the scope of the Agreement or the services to be performed; or
11.1.4. any action that is beyond the authority of the TCEQ Project Representative.
11.2. Any proposed change that is not a Major Change may qualify as a Minor Change. In addition,
delay or change in the Work resulting from inclement weather will be treated as a Minor Change.
Minor Change shall require the written agreement of both Project Representatives, but does not
require a formal amendment to the Agreement. No approval for an all be by verbal
approvaL A copy of the approval must be retained in the appropriate file of both the
PERFORMING PARTY and the TCEQ.
11.3. All changes to the Contract Cost Budget must be pre - approved in writing by the TCEQ.
Applicable cost principles and ,Articles 20-22 of these General Conditions contain additional
requirements for prior approval of certain types of costs and apply to all grants and sub rants.
Wader
11.4. Unless authorized in accordance with these Contract Documents (relating to Changes), or in
writing by the TCEQ, no waiver of any obligation of the PERFORMrNG PARTY under this
Contract shall hind the TCEQ. Furthermore, unless specified in the written authorization, the
authorized waiver by the TCEQ of such obligation shall not constitute a continuing waiver of the
obligation. No waiver by the TCEQ Executive Director shall constitute a waiver of the TCE's
subsequent right to demand and receive performance within a reasonable time to be specified by
the TCEQ, in accordance with all provisions of this Contract.
ARTICLE 12. REIMBURSEMENT of COSTS AND THE PAYMENT PROCESS
Payment is madefor costs which are allowable and eligible for reimbursement
12.1 TCEQ will reimburse PERFORMING PARTY'S actual incurred cosh of performance which are
BOTH: 1 allowable and 2 eligible for reimbursement.
Allowable Costs
12.2 A cost is llowa l if it is within a category authorized by the Contract Documents, UGMS, and
other rules, regulations, policies, guidelines, and statutes applicable to this Agreement.
Eligible Costs
12.3. A cost is eligible for reimbursement when the PERFORMING PART'S has complied with the
conditions/requirements specific to the Contract Documents. The requirements generally relate to
the following:
12.3.1. performing the work as specified,
12.3.2.. conducting subcontract activities as specified;
18
Contract loo. 582 --86230
12.3.3. conducting subgrant activities as specified;
12.3.4. conducting administrative activities as specified;
12.23.5. maintaining financial and administrative records and documentation;
12.3.6. submitting documents as specified and also upon request of TCEQ.
A,roed Work Plan Bridget
12.4. The PERFORMING PARTY is responsible, throughout the term of this Agreement, for tracking
and ensuring that costs remain within the various budgeted cost categories described in the
approved work Plan.
12.5. 1n addition to other requirements for allowable costs, PERFORMING PARTY'S costs must be
incurred for those categories of costs and in the amounts described in the TCEQ- approved Wort
Plans contained in the Contract Documents. UGMS will determine when costs are considered to
incur. The approved Work Plans may be amended only by written agreement of the TCEQ and
in accordance with these Contract Documents.
The Payment Procedures Process
12.6. Requests for Payment
12.6.1. All requests for reimbursement under this Agreement shall be submitted in accordance
with the Contract Documents requirements.
12.6,2. In order to obtain reimbursement for those costs authorized under this Agreement, the
PERFORMING PARTY, shall submit a fully completed and legible Invoice requesting
payment, a TCEQ Financial Status Report (F SR or Form 269a), any required TCEQ
Supplemental Financial Status Report forms (Supplemental FSR or
Supplemental Form 269a) and a HUB Progress Assessment Report Form (PAR form).
12.6.3. The PERFORMING PARTY shall not submit payment requests F Rs and Invoices) any
sooner than fifteen 1 days following the submission to the TCEQ of a deliverable in
order to allow TCEQ staff a reasonable period to review the work product prior to
receiving the payment request.
12.7. Costs to be Itemized on Supplemental Forrrr 9a- 1.
12.7.1. All requests for reimbursement of costs that fall within either the "Equipment" or
"Contractual" categories of the Contract Cost Budget shall be itemized by the
PERFORMING PARTY on Supplemental Form 269a-1. The requests shall be identified
with respect to the major tasks or objectives set forth in the Work Pion that such
expenditures support or satisfy. when a single expenditure supports or satisfies more
than one task or objective,. the PERFORMING PARTY need not break don that
particular expenditure by specific contract task or objective but may simply identify, iii
relative cost order, the various tasks or objectives supported. In addition, when requested
by TCQ, the PERFORMING PARTY shall attach, for each reimbursable cost listed on
Supplemental Form 269a-1, legible documentation that 1 serves to further identify the
specific piece of equipment received or ,the services provided, 2 clearly identifies the
1
Contract No. 552 -8 -86230
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 ease of subgrantee /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.
12.7.2. All requests under this Agreement for the reimbursement of costs that fall within the
"Construction" category of the Contract Cost Budget shall be itemized b y the
PERF RMn NG PARTY on Supplemental Form, 269a-2 and identified with respect to the
major tasks or objectives, set forth in the Turk Plan of this Contract that such
expenditures support or satisfy. In addition, when requested by TCEQ, the
PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental
Form 29a -, 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 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 mated invoice that shows the amount billed to the
PERFORMING PARTY and any "past due"' amount from previous invoices.
12.7.3. All requests for the reimbursement of expenditures that fall within either the "Supply" or
t` ther" categories of the Contract a Cost ,Budget shall be itemized by the PERFORMING
PARTY on Supplemental Form 29a -3 and identified with respect to the major tasks or
objectives, identified in the Work Plan that such expenditures support or satisfy. when
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. In addition, when requested by TCEQ, for any single - listed item
or service costing more than $500, the PERFORMING PARTY shall attach, for each
reimbursable cost listed on Supplemental Form 29a ^3, legible documentation that I
serves to further identify the specific items or services, 2 clearly identifies the vendor or
subcontractor who provided the items or servies, and that confirms the reimbursable
amount listed on the foam. Although issued purchase orders or invoices, or both, marked
"received /paid" represent the preferred types of documentation for purposes of this
section, the PERFORMfNG 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.
12.7.3.1 The TCEQ will not reimburse PERFORMrNG PARTY for expenses
related to the use of a cell phone or digital pager, except for a maximum
of $40.00 per month cell phone allowance for the PERFORMING
PARTY's named project representatives with their obligations. TCEQ
may reimburse PERFORMING PARTY for expenses related to the use
cell phones for the transmission of data.
12.7.4. All requests for reimbursement of expenditures that fall within either the
"'Personnel/Salary"' or `Travel" categories of the Contract Cost Budget, shall be itemized
by the PERFORMING PARTY on Supplemental Form 269a-4 and identified with
respect to the major tasks or objectives, set forth in the Work Plan of this Agreement,, that
such expenditures support or satisfy. when a single expenditure supports or satisfies
more than one task or objective, the PERFORMING PARTY need not breakdown that
20
Contract No. 582-8-86230
particular expenditure by specific contract task or objective but may simply identify, in
relative cost order, the various tasks or objectives supported. Although no supporting
documentation is required to be attached to Supplemental Form 269a-4 with respect to
reported "Personnel /Salary" expenditures in order to receive reimbursement, the
PERFORMrNG 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, when requested by TCEQ all costs listed on Form 269a -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
PERF RMfNG PARTY- approved travel vouchers, signed by the employees who
traveled, and 2 for travel - related expenses borne directly by the PERFORMING
PARTY (and thus for which reimbursement by the PERFORMING P TY to the
traveler was not required) direct, separate receipts showing, at a minimum, the traveler's
name, the travel location, and the travel date(s). Any reimbursement for travel requested
by the PERFORMING PARTY is subject to the limitations contained in General
Appropriations Act of the 1t` Texas Legislature at Article IX., Part 5, Travel by
volunteers will not be reimbursed.
12.8. Cost Reimbursement Guidance
12.8.1. Over- recovered costs
12.8.1.1 In accordance with UGM , rates used to bill for central services shall be based
on the estimated costs of providing the services, including an estimate of the
allocable central service costs. A comparison of the revenue generated by
each billed service (including total revenues whether or not billed or collected)
to the actual allowable costs of the service will be made at least annually, and
an adjustment will be made for the difference between the revenue and the
allowable costs. Any additional funds resulting from this adjustment shall be
used for the purposes and under the conditions of the grant Agreement. This
comparison will be made within ninety 90 days of the end of each state
fiscal year.
12.8.1.2 Interest income derived from over recovered costs will be identified and
included in the annual adjustment in 12.8.1.1. Any interest income resulting
from this adjustment shall be used for the purposes _and under the conditions
of the grant Agreement.
1 2.8.2. Maximum Reimbursements for Travel
12.8.2.1 The T EQ encourages the PERFORMING PARTY to participate in the Texas
Comptroller of Public Account's State Travel Management Program STMP
found av http: www. window. state. .us procurem nt prog/stmp ont tinf /.
The TCEQ also encourages the P RF R fNG PARTY to consult with the
T EQ on the eligibility of travel expenses for any questions.
12.8.2.2 The TCEQ will not reimburse for travel claims that are not consistent with the
State of Texas Travel Allowance Guide locate on the Texas Comptroller's
ebsite: https:Hfmx.cpa.state.tx.us/fin/pubs/travallow/index.phD.
R
Contract loo. 552 - -86230
12.8.2.3 For Ire -state travel, the T EQ will reimburse the P RF RI1rf TNG PARTY for
the actual cost of lodging and meals at a daily rate not exceeding the current
rate posted on the Texas Comptroller's websit:
https-Hfmx.cpa.state.tx.us/fm/travel/travelrat
Additional taxes and fees are eligible for reimbursement.
12.8.2.4 For Out -of -state travel, the TC Q will reimburse the PERFORMING PARTY
for the actual cost of lodging and meals at at daily rate not exceeding the
current rates posted on the Texas Comptroller's websit:
https://fnix.cl2a.state.tx.us/fm/travel/out of state/indemphy.
Additional taxes and fees are eligible for reimbursement.
12.8.2.5 For rental automobiles, the TCEQ will reimburse the PERFORMING PARTY
at the actual daily rate no greater than the applicable ST1P contract rate.
12.8.2.6 For air fare, the TCEQ will reimburse the PERFORMING PARTY at actual
cost up to the applicable STMP contract rate.
12.8.2.7 Mileage for personal automobiles will be reimbursed at the rate posted on
Texas Comptroller's website:
https.-Hfmx.cpa.state.tx.us/fm/trave1/travelrat
The PERFORMING PARTY is encouraged to pay special attention to the
State of Texas Travel,411owance Guide for guidelines concerning allowable
mileage.
Cost Provr'sions Applying to entities defined as Regional Planning C'ommissio s and Councils of
Government or which agree to applicability as though they are Regional Planning Comm sions
12.9. The provisions of this Paragraph and Subparagraphs apply to PERFORMTNG PARTY,
ubgr nt es and other Recipients of the funds under this Grant Agreement defined as a "Regional
Planning omission" as in Chapter 391 of the Texas Local Government Code, which includes,
among others, a Council of Government. In the event of conflict with other provisions of the
Contract Documents, the provisions of this Article prevail.
12.9.1. PERFORMING PAR'T'Y will comply with all requirements and rules adopted by the
Office of the Governor of Texas pursuant- to Section 391.009 Texas Local Government
Code relating to the operation and oversight of Regional Planning Commissions. These
rules have been adopted as 1 TAC 5.86.
12.9.2. PERFORMING PARTY will comply with all other requirements of 1 TAC 5.86 with
special attention to the following restrictions on the use of funds provided under this
contract:
12.9.2.1 Contracts with or employment of lobbyists
12.9.2.2 Lobbying activities by employees
12.9.2.3 Auto allowance of members of the governing body -
12.9.2.4 Travel reimbursements at the state rate
2
Contract loo. 582 - -86230
12.9.2.5 Alcoholic beverages and entertainment
12.9.2.6 Indirect cost rate limited to 15% of total direct expenditures excluding
certain sterns in accordance with Chapter 391 rules of the Office of the
Governor
12.9.2.7 Classification salary schedules and appropriate exempt positions.
TCEQ Review of Requests for Payment
12.10. In accordance with UGMS all payments by TCEQ to PERFORMING PARTY must be based on
reimbursement of PERFORMING PARTY's actual costs incurred in performing the work.
12.11. TCEQ will review the request for payment and approve or reject it within a reasonable tune,
TCEQ is not obligated to make payment until TCEQ has approved the request for reimbursement.
12.12. Upon request of TCEQ, PERFORMING PARTY will provide any documentation necessary to
support the allowability and eligibility of the costs. TCEQ may reject request for payment and an
invoice pending receipt of the requested documentation.
12.1.. If a request for payment sloes not satisfactorily demonstrate the accomplis h ment of the required
tasks, or that costs are allowable, eligible, actual, and incurred costs, the TCEQ will rej
Contract No. 582 - -86230
Contractual Costs
12.1. PERFORMING PARTY's contractual costs must comply with allowable costs requirements of
the Contract Documents and rust be incurred pursuant to a written contractual agreement
between PERFORMING PARTY and a vendor providing goods or services or a subgrantee .
Duplication .f .fffor" Prohibited
12.19. In addition to the funds provided to PERFORMING PARTY under this Grant Agreement, the
TCEQ and other entities may provide funds to PERFORMING PARTY under a separate Grant
Agreement so that funds of two or more grants are being provided to a single activity of the
PERFORMING PARTY. PERFORMING PARTY must monitor all activities to ensure that the
grant funds complement one another and do not result in double payments for the same activity.
1 2.20. TCEQ may reject a request for payment where PERFORMING PARTY submits an invoice or
Financial Status Report, or both, more than sixty 60 days after the termination date of this
Agreement.
'&ed- mourrt Calf Reimbursement
12.21. If this contract utilizes a pre - determined fixed - amount of reimbursement (only if authorized in the
Contract Costs Budget), this arnount is determined on the basis of an estimate of PERFORMING
PARTY' s actual costs of performing one or more of the following: 1 specified service(s) (tasks);
or 2 specified services (tasks) during a specified time period; or providing specified goods,
or product. PERFORMING PARTY has provided the estimate of costs in its Funding
Application for this grant. The TCEQ relies on the accuracy of that estimate to determine the
fixed - amount of reimbursement. PERFORMING PARTY will provide supporting evidence to
establish the accuracy of its estimate of actual costs.
12.22. During the term of this Agreement, PERFORMING PARTY will monitor its actual costs of
performance and provide TCQ with a report annually to confirm that the original estimate of
costs remains accurate. If in fact that estimate exceeds the actual costs of performance, TCEQ
may recover the excess amount paid by 1 rejecting all or part of any reimbursement requests by
PERFORMING PARTY and retaining amounts sufficient for repayment; or 2 by demanding and
receiving repayment of the amount from PERFORMING PARTY. TC Q may also use any other
remedies and sanctions available under this contract.
12.23. The PERFORMING PARTY has submitted a cost analysis as part of its work Flan budget
estimate. The PERFORMING PARTY and the TC Q acknowledge that this cost analysis is the
basis upon which the costs for reimbursement have been calculated.
Closeout
12.24. within sixty 60 days of the end of this Agreement, the PERFORMING MIN PARTY must submit all
financial, performance, and other reports as required as a condition of the grant. Submission shall
be in electronic format, either by electronic mail or on -ROM, where possible. These reports
may include, but are not limited to:
12.24.1. All performance or progress reports required by this Agreement.
12.24.2. Financial Status Report.
4
Contract lo. 582 - -86230
12.24.3. Final request for payment.
12.24.4. Invention disclosure (if applicable).
12.24.5. State - owned property report if applicable).
12.24.6. A work Plan Report summarizing the PERFORMING PARTY's accomplishments
with respect to the approved work Plan and containing are outline of Work Plan tasks
and projects that identifies the title of all deliverables completed in the course of the
Grant Agreement.
12.24.7. As applicable a current single audit report for Councils of Govenunent or
Comprehensive Annual Financial Report for municipalities.
12.24.8. n explanation of how any advance payments were utilized.
12.24.9. A compilation of all monthly progress reports submitted to TCEQ during the course
of the Grant Agreement.
1 2.25. within ninety 9 days of receipt of the reports set forth above, the TCEQ will make adjustments
to the allowable and eligible costs based on the terms of the Contract Documents. The TCEQ
will make prompt payment to the PERFORMING PAR'R'Y for allowable reimbursable costs.
Closeout of the grant does not affect:
12.25.1. The T EQ's right to disallow costs and recover funds on the basis of a later audit or
other review;
12,25.2. The PERFORMING PARTY'S obligation to return any funds due as a result of later
refunds, corrections, or other transactions;
12.25.3. Records retention as required;
12.25.4. Property management requirements; and
12.25.5. .Audit requirements.
12.26. The PERFORMING PARTY must immediately refund to the TCEQ any funds that are in excess
of allowable costs.
12.27. Any funds paid to a PER-FORMING PARTY in excess of the amount to which the
PERFORMING PARTY is finally determined to be entitled under the terms of the award
constitute a debt to the TCEQ. if the excess funds are not paid to TCEQ within a reasonable
period after demand, the TCEQ may reduce the debt by:
12.27.1. Making an administrative offset against other requests for reimbursement;
12.27,2. withholding advance payments otherwise due to the PERFORMING PARTY, or
12,27.3. Other action permitted by law.
2
Contract No. 582 -8 -86230
12.28 Except where otherwise provided by statutes or regulations, the TCEQ will charge interest on an
overdue debt in accordance with the UGMS. The date from which interest is computed is net
extended by litigation or the filing of any form of appeal.
12.29. Upon satisfactory completion of the work performed, acceptance of such work by the TCEQ, and
prior to final payment under this Agreement for such work, or prior to settlement upon
termination of this Contract and as a condition, the PERFORMING PARTY shall execute and
deliver to the TCEQ release of all laims for payment of any funds due and payable by the
TCEQ pursuant to the terms of this Contract. Such release shall be conditioned upon payment of
all fund amounts due and payable to PERFORMING PARTY under this Contract, and limited to
only those claims which reasonably could have been foreseen at the time the release is executed.
PERFORMING PARTY reserves the right to identify claims to be excluded thereby.
12.30. The PERFORMING PARTY shall provide to the TCEQ documentation shoring all tasks that
have been completed by the PERFORMING PARTY.
12.3 1. The PERFORMING PARTY agrees that the determination of satisfactory completion of any and
all work or other services performed or furnished under this Contract will be based on the
judgment of the TCEQ, which will be exercised in a reasonable manner and in good faith.
12.32. Final Payment under this Contract or settlement upon termination shall not constitute a waiver of
the T EQ's claims against the PERFORMING PARTY.
Indirect Cost Rate
12.33. If the PERFORMING PARTY requests reimbursement indirect costs under this Agreement,
TCEQ will pay only the rate established in one of the following methods, as described in UGMS:
1 the rate determined by the federal cognizant agency; 2 the rate determined by the entity's
state coordinating agency; and/or 3 the rate described in UGMS Attachment E, Paragraph E.2.e.
ARTICLE 13. TERMINATION
13.1. This Agreement shall terminate upon full performance of all requirements, unless extended by
formal written amendment.
13.2. This Agreement may be terminated in whole or in part by the TCEQ in the event of a material
failure to comply with the contract terms, in accordance with UGMS: Provided that no such
termination may be effected unless the other party is given.
13.2.1 not less than ten 10 working days written notice (delivered by certified mail, return
receipt requested) of intent to terminate, and
13.2.2 an opportunity for consultation with the terminating party prior to termination.
13.3. This Agreement may be terminated in whole or in part in writing by the TCEQ for its
convenience, in accordance with UGMS: Provided that the PERFORMING PARTY is given not
less than ten 10 working days written notice (delivered by certified mail, return receipt
requested) of intent to terminate. Circumstances in which the TCEQ may terminate for
convenience include, but are not limited to, the Texas Legislature's withdrawal of appropriations
r this project.
2
Contract No. 582-8-86230
13.4. If the TCEQ terminates the Contract for a material failure to comply with the Contract terms
under Section 16.2 or the TCEQ terminates the Contract for convenience under Section 16.3, an
adjustment in the contract amount shall be made in accordance with UGMS.
13.5. Upon receipt of a termination action pursuant to Sections 16.2 or 16.3 above, the PERFORMING
ARTY shad:
13.5.1. promptly discontinue all services affected (unless the notice directs otherwise), and
13.5.2. deliver or otherwise make available to the TCEQ all data, drawings, specifications,
reports, estimates, summaries, and such other information and materials as may have
been accumulated by the PERFORMING PARTY in performing this Contract, whether
completed or in the process.
13.6. If, after termination for failure of the PER-FORMING PART to fulfill contractual obligations, it
is determined that the PERFORMING PARTY had not so failed, the termination shall be deemed
to have been effected for the convenience of the TCEQ.
13.7. If any delay or failure of performance is caused by a, force majeure event as described in the force
maieure Article of this Contract, the TCEQ may in its sole discretion terminate this Contract in
whole or part pursuant to this Article.
Force Maeure
13.8, A force majeure event shall be defined to include decrees of or restraints by a governmental
instrumentality, acts of God (except that rain, wind, flood or other natural phenomena normally
expected for the locality shall not be construed as an act of God), work stoppages clue to labor
disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage.
13.9. Provided this Contract has not been terminated, and subject to the conditions below, if a delay or
failure of performance by either party results from the occurrence of aforce majeure event, the
delay shall be excused and the time fixed for completion of the work extended by a period
equivalent to the time lost because of the event if, and to the extent that:
13.9.1. the delay or failure was beyond the control of the party affected and not clue to its fault or
negligence; and
13.9.2. the delay or failure was not extended because of the affected party's failure to use all
diligence to overcome the obstacle or to resume performance immediately after the
obstacle was overcome.
13.10. No trine extension shall be granted under this Article unless the party seeking relief has notified
the other in writing within a reasonable time after commencement of the event, of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay, and the
timetable by which the PERFORMING PARTY intends to implement these measures. The paw
seeking relief shall also give written notice of the ending of the event within a reasonable time
after the event has ended.
13.11. The TCEQ shall be responsible for costs related to aforce maieure event only if they are incurred
by the PERFORMING PARTY after the prior written request by the TCEQ Project
Representative to incur the costs in connection with a force mar *cure event. Neither the TCEQ
7
Contract No. 582-8-86230
nor the PERFORMING PARTY shall have, and both waive, any claim for any damages resulting
from delays caused by force rrrar� j events.
ARTICLE 14. INSURANCE, LIABILITY AND INDEMNIFICATION
14.1 TO THE EXTENT PERMITTED BY LAW, THE PERFORMING PARTY AGREES TO
INDEMNIFY AND HOLD HARMLESS THE TCEQ AND ALL OF ITS EMPLOYEES AND
OFFICERS AGAINST" AND FROM ANY AND ALL LIABILITY, LOSS, OR DAMAGE
ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT. TO THE EXTENT THAT
ANY ACTIVITY CONDUCTED BY PERFORMING PARTY WITH FUNDS PROVIDED
UNDER THIS AGREEMENT ENTAILS SIGNIFICANT" RISK OF LOSS OR INJURY TO
INDIVIDUALS AND THIRD PARTIES OR THEIR PROPERTY, THE PERFORMING
PARTY WILL SECURE AND MAINTAIN INSURANCE SUFFICIENT TO PROTECT"
PERFORMING PARTY AND THE T E , AND ITS EMPLOYEES AND OFFICERS
AGAINST CLAIMS ARISING FROM THE CONDUCT OF SUCH ACTIVITIES,
14.2 PERFORMING PARTY shall require its subcontractors and subgrantees to obtain and maintain,
at their own expense, insurance as will protect the subcontractor, the PERFORMING PARTY
and the T" E , its employees, and its officers from all claims arising from the performance by the
PERFORMING PARTY's subcontractors or subcontractors' employees resulting from the
functions and services required under this Agreement, including workers compensation in
accordance with Texas statutory requirements.
Prov ston 14.3 is applicable to entities � f fined as a Regional Council of Government in Local
Government Come Chapter 391.
14.3. PERFORMING PARTY will purchase and maintain Directors and Officers insurance or
equivalent insurance coverage or other financial assurance sufficient to protect the interests of the
state in the event of are actionable act or omission by a director or officer of the PERFORMIN G
PARTY.
ARTICLE 15, STANDARDS FOR PERFORMING PARTY'S PERFORMANCE
15,1 In accordance with Chapter 2259 Texas Government Code, the TCEQ is required to monitor
PERFORMING PARTY's performance under this contract. Therefore, PERFORMR14G PARTY
agrees that the following are appropriate standards for PERFORMING PARTY's performance
during the contract:
15.1.1. Timeliness of '' r k. Standard: Work is provided on schedule.
1 5,1,2. Quality of work. Standard: PERFORMING PARTY's work conforms to the
requirements of the contract and is technically accurate.
15.1.3. Subcontract Activities. Standard: PERFORMING PARTY's subcontract and subgrant
activities comply with all TCEQ contract requirements regarding subcontracts especially
competitive procurement methods for goods and services, use of required subcontract
provisions, and monitoring performance of subcntractrs and subgrantees.
15.1.4. Administrative and Financial Operations. Standard: PERFORMING PARTY's
administrative and financial operations comply with all obligations in law and in the
contract especially record-keeping, reimbursement requests, audits, allowable costs, and
restricted expenditures.
2
Contract 1. 582 - -86230
Contract Monitofing and Evaluation uation Report
15.2. In accordance with Chapter 2259 Texas Govermment Code, TCEQ will monitor and evaluate
PERFORMING PARTY's performance utilizing the performance standards and measures in this
Agreement. TCEQ will prepare a cumulative written report of the evaluation upon termination or
expiration of the contract and also as frequently as determined appropriate by the T.
15.2.1. within thirty 3 days of receipt of the Annual Performance Evaluation, the
PERFORMrNG PARTY shall provide information to the TCEQ concerning action(s) that
will be taken to correct any deficiencies noted in the Annual Performance Evaluation
report. This response will include a schedule to bring any deficiencies in the program
activities up to TCEQ standards and will identify resources to accomplish necessary
corrections.
15.2.2. within ninety 9 days after receipt of TCEQ comments or as recommended by the
TCEQ, the PERFORMING PARTY shall correct deficiencies and report to the TCEQ
any deficiencies that cannot be corrected within the allocated time- frame. If the
deficiencies are not corrected to the satisfaction of the TCEQ in addition to other rights
the TCEQ may have against the PERFORMING PARTY, it may result in the TCEQ
withholding payment to the PERFORMING PARTY for future program activities and/or
in the PERFORMING PARTY becoming ineligible for future funding.
Schedule of Remedies available the TCEQ
15.3. In accordance with Chapter 2259 Texas Government Code, the following Schedule of Remedies
applies to this contract in the event of substandard performance or other failure to conform to the
requirements of the contract or applicable law.
15.3. 1 . Reject substandard performance and request corrections without charge to the TCEQ.
15.3.2. Issue notice of substandard perfonnance or other non - conforming act or omission.
15.3.3. Request and receive return of any over payments or inappropriate payments.
15.3.4. Reject reimbursement request and suspend payment pending accepted revision of
substandard performance or non -c of rm ty.
15.3.5. Suspend all or part of the work or payments, or both, pending accepted revision of
substandard performance or non - conformity.
15.3.6. Reject reimbursement request and withhold all or partial payments. Funds may be
retained by the TCEQ for recovery of administrative costs or returned to funding source
as authorized by agreements with the funding g source and by state or federal laver.
15.3.7. Terminate the contract, demand and receive: return of all equipment purchased of
contract funds, return of all unexpended funds, and repayment of expended funds.
9
Contract No. 582 - -86230
Sanctions for SubstanaCarr! Performance
15.4. If~ the TCEQ evaluation finds PERFORMING PARTYs PART performance to be substandard, TCEQ
may provide its written evaluation report to other governmental entities at any tine. TCEQ may
also provide its written evaluation report to the public as authorized by law.
Cumulative Remedies
15.5. TCEQ may avail itself of any remedy or sanction provided in this contract or in law to recover
any losses rising from or caused by the PERFORMING PARTS substandard performance or
any non - conformity with the contract or the law. The remedies and sanctions available to TCEQ
in this contract shall not limit the remedies available to the TCEQ under law.
15.6. The duties and obligations imposed by these General Conditions and the rights and remedies
available to the parties, and without limitation, the Schedule of Remedies, obligations unposed
upon PERFORMING PAR'T'Y by these General Conditions, and all other rights and remedies
available to TCEQ, are in addition to, and not a limitation of, any rights and remedies available to
any or all of them otherwise imposed or available, by Laws or Regulations, by special warranty or
guarantee or by other provisions of the Contract Documents. The provisions of this paragraph
will be as effective as if repeated specifically in the Contract Documents in connection with each
particular duty, obligation, right and remedy.
ARTICLE 16. TCEQ PROJECT REPRESENTATIVE
The individuals identified below by title are the TCEQ`s Project Representatives who are authorized to
give and receive communications and directions on behalf of the TCEQ. ll communications including
all payment requests must be addressed to the T EQ"s Project Representatives or their designee. The
TCEQ Project Representatives are the Director of the Air Quality Division ion and the manager of the Air
Modeling and Data Analysis Section. Their designee is identified below:
Leigh Ann Brunson
Grant Coordinator
Texas Commission on Environmental Quality
P.O. Box 13087 MC -164)
Austin, Texas 78711 -3087
Phone: 12 239-1903
Facsimile: 12 239-1500
E-Mail: lbrunson@tceq.state.tx.us
ARTICLE 17. PERFORMING PARTY PROJECT REPRESENTATIVE
The individual named below is the PERFORMING PARTY Project Representative, who is authorized -to
give and receive communications and directions on behalf of the PERFORMING PARTY. All
communications to the-PERFORMING PARTY will be addressed to the PERFORMING PARTY project
Representative or his or her designee,
30
Contract No. 582 -8 -86230
Name: Ron Barnard
Title: Environmental Programs Specialist
Organization: City of Corpus Christi
Physical Address: 1900 N. Chaparral Street
City, Texas ZIP Code: Corpus Christi, Texas 78401
Mailing Address: P.O. Box 9277
City, Texas ZIP Code: Corpus Christi, Texas 78469
Phone: 1 826 -403
Facsimile: ( 1 ) 561 -1504
E- Nail: RonB@cctexas.com
ARTICLE 18. SUBMITTAL of PAYMENT REQUESTS
Payment requests must be submitted to (whichever is chocked)
CM the designee of the TEQ Project Representative. El the TEQ Disbursements Section.
of neither box is checked, payment requests must he submitted to the TCEQ Disbursements
Section).
ARTICLE 19, DESIGNATED LOCATION FOR RECORDS ACCESS AND REVIEW
The PERFORMING PANTY designates the physical location indicated below for record access and
review pursuant to any applicable provision of this contract:
Location: Finance Department, City Hall
Physical Address: 1201 Leopard Street
City, Texas Zip Code: Corpus Christi, Texas 78401
31
Contract Nu. 582 - -86230
ARTICLE 20. BUDGET
Authorized budgeted expenditures under this Grant are as follows:
Fiscal Years 2008 -2009 Air Quality Planning Grant Budget
Grant Recipient Performing Party) 1t of Corpus Christi
Grant Number 582 -8 -86230
Budget Category
FY 2008 Budget
FY 2009 Budget
Combined
2008 - 2009 Budget
1. Person nel./Sa arie
$279792.00
1 , 688.00
569,480.00
2. Fringe Benefits
$59248.00
$79872.00
$13,120.00
3. Travel
4. Supplies
$400.00
$600.00
1, 01.00
5. Equipment
6. Contractual
$3207000.00
$480,000.00
$800.000.00
7. Construction
8. Other
$400.00
$600.00
$11,000.00
Total direct charges (sum of T-
$3539,840.00
$530,760.00
$$84,600.00
9. Indirect Charges
Total Funding Requested Sum
of 1-9)
$353P840.00
$5309760-00
14,601.00
Dollar amounts related to each budget category are to be found in the PERFORMING PA TY's Work
Plan.
ARTICLE 21. BUDGET CONTROL AND TRANSFERS
PERFORMING PARTY may, with TC Q written approval, transfer the amount of funds
between the direct cost categories when cumulative transfers among the categories exceed ten
percent 10% of the Total Budgeted Costs amount of each Work Plan. when cumulative
transfers have exceeded ten percent (10%) of the budget, a formal written amendment is
required.
ARTICLE 22. SUBMITTAL OF PAYMENT REQUESTS
Payment requests (Financial Status Report Form 269a must be submitted at the interval specified below
(whichever is cheeped; if none is checked, payment requests must be submitted monthly; if more than one
is checked, invoices must be submitted when both requirements are met). The Financial Status Report or
documentation of expenditures of an advance payment must be submitted to T EQ no less than bi-
monthly.
ARTICLE 23. MISCELLANEOUS
23.1. Assignments. No party is bound by the assigrunents of another party, unless agreed to in writing.
No assignment is a release against any responsibility under the Contract.
Contract loo. 582 --86230
23.2. TCEQ and PERFORMING PARTY each binds itself, its partners, successors, assigns and
representatives to the other party, its partners, successors, assigns and representatives to all
agreements and obligations in the Contract.
23.3. Any provision of the Contract Documents held to be void or unenforceable under any Laws or
Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding. TCEQ and PERFORMING PARTY agree that the Contract shall be reformed to replace
the stricken provision with a valid and enforceable provision expressing the intention of the
stricken provision.
24.4. The PERFORMING PARTY acknowledges and agrees that because this Agreement has been
executed, and will be administered in Travis County, Texas, the Agreement is to be performed in
said County. The PERFORMING PARTY acknowledges and agrees that any permissible cause
of action involving this Agreement will arise solely in Travis County. If a legal action related to
this claim is permissible and there are two or more counties of proper venue under the rules of
mandatory, general, or permissive venue, and one such -county is Travis County, the
PERFORMING P.A.RTY agrees to venue in Travis County. This provision does not waive
TC Qts sovereign immunity.
Claims
24.5. Should TCEQ or PERFORMING PARTY suffer injury or damage to person or property because
of any error, omission or act of the other party or of any of the other party's employees or agents
or others for whose acts the other party is legally liable, claim will be made in writing to the other
party within a reasonable time of the first observance of such injury or damage. The provisions of
this paragraph shall not be construed as a substitute for or a waiver of the provisions of any
applicable statute of limitations or repose or sovereign immunity.
24.6. whenever reference is made to "claims, costs, losses, and damages," it shall include in each ease,
but not be limited t, all fees and charges of TCQ, architects, attorneys and other professionals
and all court and or other dispute resolution costs.
24.7. The parties agree that this Agreement does not waive the State's sovereign immunity relating to
suit, liability, and the payment of damages. No TCEQ personnel or agents are authorized to waive
sovereign immunity by accepting, on behalf of TC Q, goods or services which are not required
under the Contract Documents or any conforming amendment. The parties further agree that all
claims, suits or obligations arising under or related to this Agreement are subject to and limited to
the availability of funds appropriated by the Teas Legislature for that respective claim, suit, or
obligation.
Notification
24.8. The parties agree that those notices concerning a change in the designated project representative,
a delay in the work or the termination of the Agreement, or both, should be sent by certified mail.
Headings
24.9. All headings and labels in the Agreement are for the purposes of organization and labeling; these
headings shall not affect the meaning or interpretation of this Grant Agreement or apy of its
provisions. 4
33
Contract 1. 582 - -86230
Acknowledgment of Financial Support
24.10. The PERFORMING PARTY and PERFORMING PARTY's agent, subcontractor, or other
representative shall acknowledge the financial support of the T EQ and the State of exa
whenever work Funded, in whole or part, by this Contract is publicized or reported in news media,
or publications, or at public everts and meetings. All project signage, reports and other
documents completed as a part of this Contract, other than documents prepared exclusively for
internal use within the TCEQ, shall display the following notation on the sign, or front corer or
title page:
PREPARED IN COOPERATION WITH THE
TEXAS COMMISSION ONENVIRONMENTAL QUALITY
The preparation of this report wasfinanced through grants from the State of Texas
through the Texas Commission on Environmental Quality
Contract No. 582-8-86230
IN WITNESS WHEREOF.9 T EQ and PERFORMING PARTY have signed three ( originals of this
Agreement. One counterpart has been delivered to PERFORMING PARTY and two counterparts have
been delivered to T EQ.
This Agreement will be effective on September 1, 2007, or the last date signed below, whichever is later,
which is the Effective Tate of the Agreement.
Texas Commission on Environmental Quality
TEQ
City of Corpus Christi
(PERFORMING PARTY)
boo----
Sigdatur&'
Printed Name: Marls R. filer,
Title: Deputy Executive Director
Date: I ;t ' 1Z'0 �?
t a�s�
er CWHOIL 5._..Ll
�d e
AU I hU WL.
0
Printed Name: George I. Noe
Title: City Manager
Date: (l 11 kA
Appr+oMedabtor�l�...
Wv
G Liry . s�
asskftrt car AUDMW
For cny Attomev
ATMST
ARMMOO
07Y WZWARw,
Texas Commission on Environmental Quality
FINANCE S'T'ATUS REPORT
1. STATE AGENCY CY F ANIZATI N UNIT
TO WHICH REPORT IS SUBMITTED:
2. GRANT/CONTRACT TITLE:
3. P" EE IDENTIFICATION NUMBER: : . RECIPIENT ORGAN IZATI 0 N (NAME AND COMPLETE
ADDRESS, INCLUDING ZIP CODE):
5. TCEQ CONTRACT ACT NUMBEi :
6. FINAL REPORT: DEB N
7. ACCOUNTING BASIS: CASH ACCRUAL
8. TOTAL PROJECT/GRANT PERIOD: D: . PERIOD COVERED ED BY THIS REPORT:
f T:
FROM TO FROM T
10. BUDGET CATEGORIES- IES- Approved Project Cost Cumulative Balance #*
Budget- This Report Pro'ect o#
a.Peronnel��alar
b.Fringe Benefits
c. Travel
d.Supplies
e. Equipment
f.ontractual
g.Construction
h.ther
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 Attachment B of your contract.
"Negative balances in any of the budget categories should be explained in a brief accompanying narrative.
11. CERTIFICATION N I certify to the best of my knowledge and belief that this report Is correct and complete and that all outlays and
unliquidarted 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
TDE Q Form 20248 Reprised 1112005) - Page I of
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
Sh uld match description provided forapproval)
UNIT
COST
TOTAL.
COST
TASKS
TOTAL CONTRACTUAL EXPENDITURES ES (must agree with line 1 Of on Form 20 248)
TOTAL E UIP M ENT EX PENDITU R ES (must agree with line 1 Oe on Form 20248)
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR (NAME)
FOR
COST (THIS FEER910D).PASIKS
TOTAL CONTRACTUAL EXPENDITURES ES (must agree with line 1 Of on Form 20 248)
* LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH U TEf ITEM OR
EXPENDITURE.
TCEQ Form 20248 Ferried (11/2005)- Page 2 of
TCEQ Form 20248 Revised (11/2005) - Page 3 of
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
Should match description provided forapproval)
UNIT
COST
TOTAL
COST
T ASK
TOTAL SUPPLY EXPENDITURES (must agree with line 'IOd on Form 20248)
OTHER EXPENDITURES (during this report period)
NUMBER
PURCHASED
DESCRIPTION IPTIO
UNIT,
COST
TOTAL
COST
TASKS
TOTAL OTHER EPEIDITURES (must agree with line 10 h on Forty 20248)
"LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION TATI MAY BE ATTACHED FOR EXPENDITURES THAT
EQUAL OR EXCEED $500.
TCE Q Form 20248 Reprised 11/200 - Page 4 of
ITEMIZATION OF PERSON NELISALARY AND TRAVEL COSTS
PERSON NEL/SALARY EXPENDITURES (during this report period)
EMPLOYEE NAME TITLE/POSITION SALARY (T HIS TASKS
PERIOD
TOTAL PERSONNEUSAU4RY EXPENDITURES (must agree with line 10a on Form 20248)
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION REASON COST (THIS TASKS
PERIOD
TOTAL TRAVEL EXPENDITURES (must agree with line 10c $
11on Form 20248),,.,,=
* SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORA
T EQ Form 20248 Revised (1112005) - Page 5 of 6
Financial Status Report Preparation Instructions
The PERFORMING € MIN 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 T E S Supplemental 20248
forms. Unless directed otherwise in the Contract, the PERFORMING F MIN PANTY 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 Mate 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 PEIFIMIN G PANTY'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 PERFORM IN 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 F MIN PANTY 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 that confirms the reimbursable amount
listed on the fora,. 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 F MIN PANTY on Supplemental Fora 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 PANTY shall attach, for each reimbursable cost listed on Supplemental Fora, 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 ) 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 ,narked. In the case of
subcontractor provided construction services, the documentation shall consist of 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 PATTY 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 RMING PARTY shall attach, for each reimbursable cost listed
on Supplemental Farm 20248 -8, 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 fora. Although issued purchase orders and /or invoices marked "received /paid"' represent the preferred
types of documentation for purposes of this section, the PERFORMING F MI PARTY may substitute /attach other records or
documents that provide the same type of infornnation. The P E RFO I' MIN G 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 T E S.
5. All requests for reimbursement of expenditures that fall within either the "Person nel/ glary" or 'Travel" categories of the
Contracts Cost Budget shall be itemized by the PERFORM IN 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 Fora 20248 -4 with respect to reported
"Personnel /Salary" expenditures In order to receive reimbursement, the PERFORMING F MIN PARTY is expected to ,maintain
signed time sheets that can serge to venfy the total, overall hours of staff time being directly billed to this Contract. With
respect to employee travel, all costs listed on Form 20248 -4 must be supported by attached documentation that identifies the
name of the traveler's, and that substantiates the reported reimbursable costs. Documentation, for the purpose of
substantiating travel- related costs, includes the following: (1 legible copies of the P ER FO RM I NG 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 PANTY (and thus for which reimbursement by the PERFORMING I MING 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).
8. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not
breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the
various tasks or objectives supported.
Form Instructions - Page 6 of
Contract No. 582 -8 -86230
Attachment B
Work Plan
4
Version 1: October 16, 2007
City of Corpus Christi Rider 8 Work Plan For FY 2008/2009
Section 1: ' orl plan for the Pollution Prevention Partnership
Texas A &M Uni
Version 1: October 16, 2007
Regional transportation planning efforts that have been delivered in past Riders include the
coordination, development and passage of a regional hike and bile transportation plan,
participation in the revisions to the City of Corpus Christi Unified Development Code regarding
access and transportation, and the development of a GIS database reflecting the residences and
commute patterns of the Texas A &M University- Corpus Christi campus including approximately
8,000 students and 3,000 faculty and staff. A mass transit service route was integrated into the
CIS map to identify gaps in service and a survey investigating mass transit incentives was
distributed throughout campus. The partnership also coordinated a comprehensive inventory of
all regional transportation corridors and potential transportation projects and corridors. The
inventory is being coordinated into a GIS based map and corresponding data matrix to be utilized
as a planning tool for transportation planners, agencies and stakeholders.
Task - Public Education and Outreach - $50,800
Public Education and Outreach is critical to an area's attainment of air quality standards.
Corpus Christi must have an educated public that understands the air quality and ozone
attainment impact of their emission producing activities. The public must also be
informed of alternative choices they can make that will minimize the air quality impact of
their activities.
The goal of the Public Ecru 'Cation and Outreach task is are educated public that
understands the air quality impact of their activities and is informed about alternative
choices that can reduce the air quality impact of their activities. The educated public will
make informed choices that will reduce emissions from activities such as commuting,
idling, lawn maintenance, fueling, and boating. Consideration of alternative choices will
be especially significant on ozone action days. The result of the successful delivery of
the Public Education and Outreach task will be reduced emissions contributions from
general public activities.
The Public Education and Outreach tasks funded under this work plan will be to provide
air quality infonnation to the community including the impact on air quality of individual
choices, recommendations for alternative choices that minimize air quality impact, and
ozone action day messages. This task will be accomplished by a continuous community
presence of the pollution Prevention Partnership and its air quality messages via briefings
of the media as well as coordination and participation in numerous interviews,
community events, air quality curricula provided to area schools, utility bill inserts,
presentations to community and civic groups, and other public presentation and outreach
opportunities.
Deliverables:
• 1 Clean Air Fair each year
formal media briefings each year about individual contributions to air quality
1 meteorologist briefing each year about individual contributions to air quality and
recommended speaking points and messages
2
Version 1; October 16, 2007
• 1 State, City and Business leader briefing each year about individual contributions to
air quality
Clean Air curricula delivered to K- 12 teachers each year
• Clean vehicle choice curricula delivered to driver's education courses each year
• I health fair and air quality event presence each year
2 clew] air science fairs at area high schools each year
presentations to local business and civic groups about individual contributions to air
quality each year
minimum of 5 television, and 5 newspaper stories each year about individual
contributions to air quality
1 utility bill insert about individual contributions to air quality
Ozone action day messages on overhead highway signs for each called ozone Action
Day
Ozone action day messages on television stations and newspaper for each called
Ozone Action Tay
Copies of printed pieces such as newspaper stories, hand -outs, and inserts provided
with each annual report
Reports of public presentations, audience presented to, number of people in audience
and content of presentation provided with each monthly report
Providing "Clean Commute" recommendations, programs and information
(telecommute, pudic transit, hike/bike) to various community groups, businesses and
agencies
Air quality and ozone action day information included in local NOAA
announcements
Final project report capturing all activities to date provided by August 31, 2009.
"ask 2 - Regional Transportation Planning Coordination - 61,200
Mobile sources are a significant contributor to Corpus Christi's emissions, Several major
regional transportation projects that impact the Corpus Christi urban air shed are
currently under discussion. These projects include TTC 69, TTC 35, a Shide loop,
new Harbor Bridge, a Port to port Toad, the South Texas Strategic Highway, the Ports to
Plains corridor, upgrading US 7' to interstate standards and improving Hwy 181. Corpus
Christi is experiencing significant growth in VMT daily and the application of congestion
management studies, traffic light synchronization plans and other plans are being
considered by the City. In addition, currently being constructed in the air shed is the Joe
Fulton Corridor; a direct road for truck traffic to the Port of Corpus Christi, and the
Crosstown Expressway extension. These proj
Version 1: October 16, 200
project planning will be a unified regional consideration of air emissions associated with
transportation, and possible emission reduction strategies incorporated into transportation
planning, implementation and funding.
Regional 'Transportation and Planning Coordination task to be funded in this work plan
will include converting the transportation corridor inventory developed by the partnership
into a GIS based database, neap and corresponding matrix, and placing the information on
dedicated website for transportation project planners and stakeholders. The neap will
identify all current and proposed transportation projects and corridors, and have a
corresponding matrix that will identify specifics such as the project name, stakeholder
information, planning status, funding status and eventually, environmental impact and
emission reduction information. Each area transportation planner, agency and
stakeholder will be notified when the web site is available and encouraged to provide
input and comments via a questionnaire available on the site. Information on the site will
be updated based on input and confirmation that the map and associated information has
captured all potential projects completely. Meetings of all regional transportation
planners, agencies and stakeholders will be coordinated to discuss all projects including
air quality impact of each project and emission reduction strategies.
I of fiver ble :
fist of participating transportation planners, agencies and stakeholders
• Inventory of all transportation projects identified
• fist of emission reduction opportunities discussed
• Estimates of types of emissions reduced as a result of implemented action items
• Final project report capturing all regional Transportation Coordination activities to
date provided by August 31, Zoo
Task 3 - Air Quality Progra t P a n g and Administration - , 000
Identifying effective emission reduction strategies and providing direction for the
implementation of these strategies to Pollution Pre enti n Partnership air programs and
program coordinators is critical to the success of the air programs It realization of emission
reductions within each program. It is also necessary to coordinate all administrative
task including accounting, reporting and program inquires through one individual.
The goal of the Air Quality program planning task is for each air program and program
delivery coordinator to have clearly defined target audiences, messages, emission
reduction strategies and emission reduction goals - resulting in maximizing the emission
reduction effectiveness of program activities and efforts.
The Air Quality program planning tasks funded under this work plan include providing
the strategic planning and direction for all of the Pollution tion Prevention Partnership Air
programs and program coordinators for meaningful emission reductions.
Existing research in air emissions and emission reduction strategies will be identified and
interpreted. Incentives to participate in emission reduction programs will also be
identified and findings will be developed into public education and outreach
programming, regional transportation planning programming, business assistance and
4
Version 1: October 16, 2007
vehicle emission sensing programming, as well as directives and goals for each program
to ensure emission reductions as a result of program delivery efforts. routine meetings
with all program delivery coordinators will take place to ensure strategic plans and
directives are being net and if necessary raid- course corrections will take place.
feel v r hl ±
Final project report identifying direction provided to air program activities, goals and
tasks completed to date provided by August 31, 2009
The goal of the Administration task is to make the most efficient use of the air program
delivery personnel's time by removing the burden of accounting, invoicing and reporting
activities so that they can spend their time performing emission reduction activities, and
have one point of contact for all regulatory and program deliverable issues.
The Administration tasks funded under this work plan will include providing accounting,
invoicing, oversight of ti el r deliverables, monthly, and annual reports for the Pollution
Prevention Partnership Air programs. The task will also provide a single liaison for the
Pollution Prevention Partnership, TQ, EPA and City leaders.
Deliverables
Monthly reports of all Pollution Prevention Partnership Air program activities
submitted by the 5 Ih of each month.
• Monthly invoices with supporting documentation of all allowable costs submitted by
the SIB` of each month.
0 Final project report of all Pollution Prevention Partnership Air program activities and
estimates of types of emissions reduced submitted by August 31, 2009.
''ask 4 - Business and Transportation Emissions Reductions - 71,500
Area business operations and business fleets are a significant source of emissions in Corpus
Christi. Many business operators and fleet managers do not know about emission reduction
strategies. They do not have the time or resources to learn about emission reduction strategies or
how to implement therm. Businesses and fleet operators are willing to implement emission
reduction strategies when they are informed of the benefits of implementation, and the strategies
are reasonable, affordable, and can be implemented conveniently. The Business and
Transportation Emissions Deductions task encourages emissions reductions in business and fleet
operations by providing the education, individual assessment, and implementation resources to
the operators.
The goal of the Business and Transportation Emissions Reductions task is to provide
individualized assistance and resources to area businesses and business fleets to reduce
the emissions they produce.
The Business and Transportation Emissions Reductions tasks funded under this work plan will
include contacting fleet operators and providing information on the cast benefits and air shed
impact of a well maintained fleet. Emissions tests on vehicles will be performed and fleet
operators will be informed of polluting vehicles within their fleet and encouraged to bring the
identified polluting vehicles up to clean standards. Follow-up site visits and surveys will be
conducted to assess implementation of appropriate fleet maintenance. Businesses that are
Version 1: October 16, 2007
identified as producing air emissions will be contacted. Program services such as site visits,
development of individualized emission reduction strategies and recommendations, and employee
"best practice's training will be offered-, and if the business is interested, programs will be
provided. If follow-up site visits and assessments identify deficiencies in program
implementation and expected results, mid- course correction or re- design of program will be
offered.
Deliverables:
• List of businesses contacted, status of contact, nature of program delivery including
recommended emission reduction strategies for each contact -provided in monthly
report
• List of business fleets contacted, status of contact, fleet inventory, nature of program
delivery including recommended emission reduction strategies for each contact
provided in monthly report
• Final project report capturing all activities to date including implemented emission
reduction activities and estimates of types of emission reductions provided by August
1, 2009.
'ask 5 - Vehicle WSSIon Measuring and Maintenance nce - Auto Check - 71,500
Mobile source emissions from personal vehicles are a significant contributor to ozone
precursors in Corpus Christi. In many eases, individuals do not know that their vehicles
are polluting. Most pedalo would not thinly to, or are reluctant to tale their vehicle to a
garage to determine whether or not it is polluting. The Pollution prevention Partnership
Emission Sensing Program - AutoChecl - eliminates these obstacles by providing the
resources necessary to conveniently identify a motorist's emissions through program
testing, inform them if their vehicle is polluting and assist then with repair services
should their vehicle be identified as polluting.
The goal of AutoCheck is to reduce emissions produced by personal vehicles. Vehicle
operators will be infornmed about the cost savings as well as the air quality impact
associated with a well - maintained vehicle. Polluting vehicles will be identified and
operators will be encouraged to bring their vehicles up to "clean" standards.
AutoCheck task funded under this work plan will be a continuous presence in the
community through car care clinics, employer- employee events, health fairs, science
fairs, community events and other pubic opportunities. Aggressive recruiting of site
partners such as large employers, shopping malls, and community events will tape place.
The opportunity for motorists to have their vehicle screened at no charge will be well
promoted. Recruiting efforts, site commitments and public notification of Check's
upcoming events will he continuous to ensure that no less than 2 community events per
month tape place.
Y Pre service emissions will be recorded and post service emissions will be recorded and
reported for repairs funded under a separate and eventually unfunded AutoCheck
program.
Deliverables:
Version 1: October 16, 2007
List of AutoCheck events, number of ears screened, number of passing vehicles,
number of failing vehicles, pre and post emissions for each polluting vehicle (funding
dependant) provided in monthly report
Final project report capturing all activities to date submitted by August 31, 2009
7
Version I: October 16, 2007
Section II: Department of Environmental Engineering
Texas A &M 1 nlver i y — Kingsville
Project Manager: Dr. Kuruviila John
Associate Dean
Frank H. Dotterweich College of Engineering
Texas A &M University - Kingsville
Faculty Researcher: Dr. Yifang Zhu
Assistant Professor
Research Sci
Version 1: October 16, 2007
The Air Quality Monitoring Group housed in the Department of Environmental
Engineering at Texas A&M University- Kingsville (TAMUK) is currently involved in the
ambient air quality monitoring for the Corpus Christi Dear lion- attainment Area. The
Texas Commission on Environmental Quality TC Q maintains and operates two
compliance grade continuous ambient monitoring stations (CAMS 04 and CAMS 2 1 ) in
the Corpus Christi urban airshed. Each of these sites is equipped with gas analyzers to
measure ozone and weather sensors to measure the concurrent meteorological variables.
As an integral hart of the Rider 8 (2006 -2007) air quality research and planning
activities for the Corpus Christi Near Non - attainment Area, TAMUK has setup three
additional non - compliance grade moni
Version I.- October 16, 2007
collected using a Zeno 3200 datalogger and concurrently displayed on a LCD flat panel
monitor arranged for the museum exhibit.
Figure 1 displays the location of air monitoring sites currently maintained and
operated by TAMUK along with the two regulatory grade monitoring sites operated b y
the Texas Commission on Environmental Quality TC Q on a neap of the Coastal Bend
region. Further details of the monitoring sites are summarized in Table 1
f
5
smogs t T-AXHKMONITORING SITES i P
T CEQ MONITORING SITES
Figuef. Location of Air Monitoring Sites within the Corpus Christi Urban Airshed
10
Version 1: October 16, 2007
Fable 1. Description of TAMU 's Air Quality Monitoring Stations in Hues and
San Patricio Counties
No.
Site Name
Description ription
Lat. bong.
Status
North west
Water pumping station operated by
Active
1.
Holly Road
the City of Corpus Christi located in
� * 2
27 .97
since
CANTS o
growing the gro rig suburbs the south
Sept.
side of the City.
1997
Wastewater treatment plant operated
Active
.
Aransas as
by City of Aransas Pass and in
cooperation with the San Patricio
� � �
7 -97 0
since
(CAMS
water District. coastal location to
Aug. 1,
the NE of Co us Christi.
2003
Pumping station located west of
Active
I
Violet
Corpus Christi. Rural location
27'0
since
(CAMS 664)
surrounded by open'] field for several
Aug. 28,
miles,
2003
Pumping station located in between
Active
Inles��e
Portland and Aransas Pass off w '
� � �
sine
4.
CANTS
361. In between Sherwin .lumina
7 -97 1
Mar. 10
plant and a uPonty'1
production facilities.
Taft
Pumping station operated by San
Active
](}
(CAMS 687)
Patricio water District. l orth of
� � � �
7 `9 2
since
tar, 105
Corpus Christi,
[f�J'/�!7
V 1 / f
Odem
Pumping station operated by San
Active
6.
(CAMS 686)
Patricio Water District. Dural
270 ' -97 0 321
since
Mar. 10,
location NW of corpus Christi.
2007
Co r s
Corpus Christi Museum of Science
Christi
& History maintained by Texas
*
sober
'7.
Museum o
A& Universit -Kin grille located
27'0 # -9 23'
Science &
at 1900 N Chaparral St, Corpus
isto
Christi.
Version 1: October 16, 2007
B. Objectives and Tasks:
The primary objectives of the proposed Rider 8 funded air quality monitoring
initiative and the tasks associated with each objective are listed below —
Objective A: Continuous monitoring of ozone and meteorological parameters
withi n Nueces and San Patricio counties.
TASK 1: The primary objective of this task 'is to maintain the three non-
compliance grade monitoring sites setup as a part of the Ricer 1 (2004 -2005)
air quality research and planning activities within I ueces and Sari Patricio
County. These three monitoring sites include CAMS 660 (urban site) and
CAMS 664 (downwind site) within Nueces County and CAMS 659 (upwind
site) located in San Patric�o County. The data collected at each of these sites
ill be validated by inter - comparison with data collected at the compliance
grade monitori
Version 1: October 161, 200
Objective : Measurement nt o ozone precursors including oxides of nitrogen
No and volatile organic compounds VOC selected sites during the
ozone season (April-October).
TASK : oxides of nitrogen emitted from industrial sources and mobile
emissions is one of the primary precursors of ozone. Therefore, the primary
purpose of this task is to measure ground -level concentrations of NOx during
the ozone season (April through October) at two selected monitoring sites.
The two monitoring situ include CAMS 660 (Holly road site) an urban site
located within lueces County, primarily influenced by the vehicular
emissions and CAMS 685 (Ingleside site) an upwind site located within San
Patricio county, primarily influenced by the emissions from industrial and
manufacturing facilities.
TASK : Volatile organic compounds (VOC) are the other primary ozone
precursors. The major objective of this task is collect canister based samples
on ozone action days at CANTS 660 (urban site) during the peak ozone months
(September- October). The canister samples so collected will be analyzed for
compounds using Gas Chrornatograph Mass Spectrometer (GUMS) at the
South Texas ambient hydrocarbon research laboratory of TAWK. The
ozone precursors data collected will be used to evaluate the ambient levels of
precursors during high ozone episodes and for further characterization of high
ozone days in order to provide a reasonable set of ambient air quality data
needed for photochemical modeling,
TASK : Carbon monoxide, one of the six criteria pollutants is primarily
emitted from incomplete combustion of fuel or directly from vehicle tailpipes.
Vehicular sources are the primary emission sources influencing the receptor
site CAMS 660 (Holly road). Therefore continuous monitoring of carbon
monoxide will be carried out during the ozone season (April - October). The
data collected will be used for assessment of mobile sources impact on the
urban atmosphere.
Objective : Continuous monitoring of particulate matter (PM) one of the
criteria pollutants.
TASK 1: Corpus Christi urban airshed is currently in attainment of the PM
IAAQS. However, according to recent studies conducted by the air duality
research group at Texas A &1 I [university - Kingsville, a gradual increasing
trend of PIS concentrations has been observed; In addition, the studies
suggested a strong influence of long range transported PM on the urban
air shed. The primary focus of this task is to maintain and operate continuous
PM 2.5 and PM10 monitors T 1 s at CAMS 660 (urban situ. The
collocated data will provide details of fine and coarse Ply distribution. The
data collected. will also be used in conjunction with the TCQ operated
TEOM data at CAMS04 to evaluate the spatial distribution of fine particulate
matter.
13
Version I: October 16, 200
Objective D: To assess roadway vehi
Version 1; October 16, 2007
1. A Quality Assurance Project Plan QAPP document consistent with the
current TCQ monitoring operations protocol relevant for research -grade air
quality monitoring activity will be developed and submitted to TC Q for
approval by March 2008.
2. Air quality monitors will be calibrated periodically as per the approved QAPP.
3. Air duality data and meteorological parameters, monitored at the existing
three T MUK operated sites as well as from the additional new sites i
Version 1: October 16, 200
Task H. .fir Quality Modefinz _ nd In atics
A. Responsible Party: Department of Environmental Engineering
Texas A &M University- Kingsville
Personnel Assignment: fir. Kuruvilla John will supervise the activities
listed in this task to be performed by a research
scientist and a graduate engineering student,
Funding Request: $99,000
Bachground
Multi - dimensional air quality models which can simulate complex non - linear processes
in the atmosphere are successfully applied both in research and regulatory procedures to
determine potential emission reduction strategies. In the past emission control strategies
for Texas have been based on individual ozone episodes. The ozone control strategies
founded on short -term single ozone episodes may be subject to significant uncertainties
due to episode -to- episode variabili
Version 1: October 16, 2007
Objective A, Refine 2002 ozone seasonal modeling simulations in order to
enhance model predictability of seasonal ozone concentrations in South
Texas.
TASK : Augment the 2002 seasonal base case modeling simulations by
conducting meteorological model sensitivity runs performed with the
following assumptions:
observational based nudging utilizing dense coastal network data,
- enhanced sea surface temperature information, and
increase in number of vertical levels.
TASK : Evaluate the different meteorological modeling sensitivity
simulations to enable selection of the most appropriate physics options for the
Corpus Christi region.
Objective : Analysis of EPA's proposed new National Ambient Air Quality
Standards on ozone concentrations in order to assess the impact of the
anticipated new federal rules on air quality in Corpus Christi
TASK 1: Evaluate the impact of the new regulations on spatial and temporal
variations on peak -hr ozone concentrations and ozone exceedances for the
September 1999 and September 2002 ozone episodes as yell as the 2002
seasonal runs,
TASK 2 : Estimate the effectiveness of a matrix of various regional uniform
emission reduction modeling simulations such as n2 v o, n2 v7 , n 0v '
and n7 v o across the South Texas modeli
Version 1: October 16, 2007
emissions on the critical assimilative limit ascertained for the Corpus Christi
area.
C. deliverables:
1. Interim report on base ease modeling analysis.
2. Final report detailing photochemical modeling for the Corpus Christi NNA.
Guidance Documents: Draft Guidance on the Use of Models and Other Analyses
in Attainment Demonstrations for the -hour Ozone NAAQS PA.- 45418 -99-
00 , May 1999), documentation on the CAMx model; and all other inventory or
modeling guidance, written amendments, and other documents amending,
modifying firing or supplementing the Contract Documents pursuant to the General
Conditions.
Previous work: See reports submitted under Rider 8 (2004.2005) and lifer
(2006-2007) for further details.
Due Dates:
1. Monthly activity reports that address photochemical modeling activities will
be provided by the 4th of each month.
2. Interim modeling report will be submitted by August 31, 2008.
3. Final report will be submitted by August 31, 2009.
1
City of Corpus Christi Rider S Workplan
Section III: Rider 8 work Wan for Contract Administration
Budget Allocation: $89,600
A. Responsible Party: City of Corpus Christi
Personnel Assignment:
Ronald K. Barnard
Environmental Programs Specialist
City of Corpus Christi
Approximately % of Mr. arna.rd's time will be charged to project and
administrative work for the contract period. Funding the
administrative costs of the Air Quality Committee will be provided for
expenses of the Chairman, Mr. Bill Hennings. That funding is matched,
approximately 3 to 1, by local interests.
B. Objectives/Purpose of Task:
a Coordinate project work and delivery of work products as required in
Contract loo. 582 -- 86230.
b Coordinate submission of periodic reports as required under the referenced
contract.
C) Fund administrative costs of operation for the Air Quality Committee.
This is the oversight body for all project wort.
d Analyze air quality data and regulatory initiatives related to the area's
designation under the NAAQS.
e Administer the cash flow to subcontractors in accordance with the
provisions of TC Q Contract No. 582 - 8 - -86230 and subsequent interlo al
agreements established for the project work outlined in this workplan.
C. Deliverables: Coordination of project work among the various subcontractors.
Coordination of deliverables from the subcontractors, Texas A &M University-
Corpus Christi, and Texas A&M University- Kingsville and their technical
consultants. Submittal of monthly reports, financial statements, coordinate
project review meetings as requested by TCQ Technical Staff, and other
administrative functions as delineated in the Contract and supporting documents.
Guidance Documents: Rider 8 (2006 -2007) Contract and supplemental
documents.
Eo Previous .Work: ork: Rider 1 , Rider 1 (200 0-2001 & 2002-2003), and Rider
(2004-2005) project coordination.
Due Dates /Schedule: Progress ress reports will be provided monthly to TCEQ.
1
T
Buddy Garcia, Chairman
Larry R. Soward, Commissioner
Bryan W. Shaw, Ph.D., Commissioner
Glenn Shankle, Executive Director
1
F'
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
January 9, Zoo'
Mr. Ron Barnard
Environmental Prograins Specialist
City of Corpus Christi
1900 N. Chaparral Street
Corpus Christi, Texas 78401
Dear Mr. Barnard:
As you know, the City of Corpus Christi's FY0 - 9 Rider 8 (formerly the bear ton
Attainment) Grant has been executed and enclosed you will find the Notice to Proceed
which authorizes work to begin on the grant.
The Texas Commission on Enviromnental Quality appreciates the City of Corpus
Christi's work in completing the Grant negotiation process and we look forward to our
continued cooperative working relationship as we work toward our mutual clean air
goals.
If you have any questions regarding tie Rider 8 Grant, please do not hesitate to contact
one at Lbrunson@tceq.state.tx.us or at 12 239-1903.
Sincerely,
Leigh Ann Brunson
Grant Manager
LAB/vs
Enclosure
P.O. Box 13087 Austin, Texas 78711-3087 512 - 239 -1000 Internet address: w w.t eq. state. t .0
Texas Commission on Environmental Quality
NOTICE TO PROCEED
Rider 8 Grant Contract
Contract Nwnber:
582 - 08-86230
Contract Amount:
$884,600.00
Fork- Plan Amount:
$884,600.00
Performing Warty: City of Corpus Christi
The TCEQ staff` has reviewed and approved the Performing ing Part y' Work Plan for the
2008 — 2009 Biennium and is hereby incorporating the Work Plan as an Exhibit to Grant
Contract Numb ber 582 -- 8 - 86230. The TC Q is now providing the Performing Party with a
Notice to Proceed for the Work described in the Work Plan. The Work may begin on the
date shown below.
TCQ
Texas Commission on Envirorunental. Quality
f
''
(Authorized Signature)
pl,,S sana M. Hildebrand, P.E.
Printed Name
Director, Air Quality Division
(Title)
Date: //;p �j�