HomeMy WebLinkAboutC2010-547 - 12/14/2010 - ApprovedTEXAS COMMISSION ON ENVIRONMENTAL QUALITY'
GRANT AGREEMENT FOR AIR QUALITY PLANNING
GRANT AGREEMENT SIGNATURE PAGE
Grant Agree — ent Name: City of Corpus Christi
Grant Agreement Number: 82 - IY -1122
Performing Party, City of Corpus Christi °
Performin Party Identification Number: 1746000
Maximum TCEQ Obligation: Effective Date: Date of Last
$516,329.26 Signature
Expiration Date: o8 /3x /2ozi
The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and
Performing Party, a governmental body, agency, or political subdivision of the State of Texas, or
another State, enter this Agreement (Grant Agreement) to cooperatively conduct authorized
governmental functions and activities under the laws of the State of Texas.
The Parties agree: the Grant Agreement must be signed by an authorized official of the TCEQ
and the Performing Party; as authorized by TCEQ, Performing Party will conduct Grant
Agreement Activities as part of its own authorized governmental functions; and TCEQ will
reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards and this
Grant Agreement.
Parties to the Grant
Agreement
Texas Commission on
Environmental Quality
TCE )
City of Corpus Christi
(Performing Party)
t
E (Authorized Signature)
Printed Name
Zak Covar
e1 R. Escobar
Title
Deputy, FXecutj Director
City Mana er
Date of Signature
sa
Grant Agreement Manager
Name
Darrell Powell, Contract
Specialist
Contact Numbers
(12) 23 9-1427
Procurement and Contract's
Re resentative a
GrA1.LaTresa Stro
� . 0. i
LaTresa Stood
d
Printed Name
Date
�S. o AUTHORIZED
dr COUNCIL..
SECRETARY fib
2010 -547 I
Res. 028888 -
12/14/10
TCEQ
IND�r0
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
GRANT AGREEMENT
For
AIR QUALITY PLANNING
This Agreement is between the Texas Commission on Environmental Quality (TCEQ) and the
City of Corpus Christi (Performing Party).
TCEQ and the Performing Party agree as follows:
ARTICLE s. WORK
1.1 Appropriation and Description of the Work. The Performing Party agrees to complete all
the Work as specified in the Grant Agreement Documents. In its appropriation to TCEQ,
the Legislature has required TCEQ to fund air quality planning projects as follows:
Appropriation: Air Quality Planning. Included in amounts appropriated out of the
Clean Air Account No. 151 in Strategy A.1.1, Air Quality Assessment and Planning, is
$7,075,000 for the biennium for air quality planning activities to reduce ozone in areas
as approved by the Texas Commission on Environmental Quality (TCEQ). These areas
may include Waco, El Paso, Beaumont, Austin, Corpus Christi, Longview- Tyler-
Marshall, San Antonio, and Victoria. These activities may include identifying,
inventorying, and monitoring of pollution levels; modeling pollution levels; and the
identification, quantification, and implementation of appropriate pollution reduction
controls. The TCEQ shall allocate these funds in such a way as to channel the funds to
those projects most useful for the State Implementation Plan (SIP). The areas receiving
funds shall submit Work Plans for TCEQ approval describing the Work they will
complete with those funds.
General App ropriations Act. S1 Leg., R.S.
Use of Funds
1.2 The Performing Parry is encouraged to maximize use of Air Quality Planning funds for
technical purposes, such as data collection and analysis, field study work, and research.
The Performing Party is encouraged to minimize use of the Rider funds for creation of
supplementary outreach materials.
Work 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
Parry agrees to complete by August 31, 2011. 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,
will be provided to the TCEQ, dates on which the Work related to each task will be
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completed, and the total amount of funding required to complete the Work described in
the Work Plan.
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 sent 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
TCEQ. Existing standards or procedures are available from the TCEQ Monitoring
Operations Division. If you require any assistance in locating this information, please
contact your project representative.
1.$ Special purpose monitoring data must be collected with explicit Quality Assurance /
Quality Control (QA /QC) standards and /or practices (preferably those used by TCEQ).
The results of QA /QC analysis must be reported as part of any project's final report. The
Performing Parry will document the reasons for deviations from established TCEQ
standard procedures, and provide that documentation 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.
1.7 All Emissions Inventory development work will include an Inventory Preparation Plan
approved by the TCEQ. The Performing Party will document all deviations from the
Inventory Preparation Plan in its final project report.
1.$ Technical projects providing support to State 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.
Authorization to use unexpended balances
1.9 RESERVED
1.10 The Performing Party is authorized, with the written consent of TCEQ Project
Representative (see Article 16), to utilize unexpended balances allocated to a
project, or projects, in one task to complete or add to the Work of another task.
Conference Calls and Meetings
1.11 If determined by the Performing Party or the TCEQ to be necessary, every two months
the Performing Party will hold a conference call with the TCEQ regarding its air quality
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 the Performing Party's Air Quality Committee
meetings or related meetings to provide technical guidance and oversight of the
Performing Party's Work activities.
Small Business and Local Government Compliance Assistance
1.13 The Performing Party agrees to consult and communicate with the Small Business and
Local Government Compliance Assistance Specialist assigned to their particular TCEQ
Regional Office.
Progress Reports
1.14 The Performing Party agrees to submit, via electronic mail, a monthly progress report of
its activities no later than the tenth (1otll) day of each month. The progress report shall
document, in sufficient technical detail and by task, the accomplishments, expenditures,
and milestones achieved during the prior thirty (3o) days. The report shall also
document during the prior thirty (3o) days, what problems were identified, if any, and
the resolution, if appropriate.
1.14.1 The TCEQ reserves the right to alter the reporting frequency of the progress
reports as necessary to track the Performing Party's progress toward
accomplishing the tasks of the Work Plan. The TCEQ will notify the Performing
Party by electronic marl or written letter ten (10) calendar days prior to the
beginning of the new reporting period.
Deliverables
1.15 Draft deliverables may be submitted in electronic format by either electronic mail or on
CD by post or by hand delivery. The Performing Party agrees to submit final deliverables
as one copy e- mailed to Leigh Ann Brunson at TCEQ and one bound hard copy or a CD
within one week later.
Required Changes to Work Plan
1.16 If one or more counties within the Performing 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
Agreement:
1.16.1 The TCEQ may require the Performing Party to revise Attachment B;
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1.16.2 The TCEQ may specify which photochemical or meteorological modeling or
emissions inventory development tasks are allowable under this Agreement;
1.16.3 The TCEQ may specify delivery dates for photochemical or meteorological
modeling or emissions inventory development tasks; and
1.16.4 The Performing 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 to be final versions. Work products marked
"Draft /Deliberative" shall be released to third parties only with the prior
permission of the TCEQ Project Representative, or under the terms of the Texas
Public Information Act, Government Code, Chapter 562. For the purposes of
1.16.4, documents marked "Draft /Deliberative" may be shared with agents and
employees of the Performing Party, its contractors, and those assisting the
Performing Party, its contractors, and those assisting the Performing Party in
collecting the information.
ARTICLE 2. REIMBURSEMENT, GRANT AGREEMENT AMOUNT
2.1 TCEQ will reimburse the Performing Party's costs of performing the Work under the
conditions in the Grant Agreement Documents.
2.2. Reimbursement is limited to actual incurred costs which are both allowable and eligible
under the conditions in the Grant Agreement Documents,
2.3. The maximum amount of reimbursement to be provided by TCEQ for the completion of
the Work shall not exceed $516,329.26 during the 2011 fiscal year unless the parties
amend this amount in accordance with the Grant Agreement Documents. In accord with
the language of Rider 8 to TCEQ's appropriation, in the General Appropriations Act
2010 -2011 Biennium .Conference Committee Report on .Senate Bill 1, the .maximum
amount appropriated will be divided into two amounts related to the Work Plan; one for
each fiscal year of the biennium.
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, 2011. However, certain reporting requirements as identified in
this Grant Agreement shall survive the termination of this Grant Agreement. 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 31, 2011, as necessary,
in order to allow completion of the Work.
Computation of Times
3.2 When any period of time is referred to in the Grant Agreement Documents by days, it.
will be computed to exclude the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or on a federal holiday, such day
will be omitted from the computation.
3.3 A calendar day of twenty -four (24) hours measured from midnight to the next midnight
will constitute a day.
ARTICLE 4. PAYMENT PROCEDURES
4.1 The Performing Parry will submit requests for payment in accordance with the
conditions in the Grant Agreement Documents.
4.2 The TCEQ may reject requests for payment that fail to demonstrate that costs are
allowable and eligible for reimbursement or which fail to conform to the conditions in
the Grant Agreement Documents.
4.3 The Performing Party's requests for payment must comply with the invoice processing
procedures in Article 12 of this Grant Agreement.
4.4 The Performing Party agrees that the purpose of this Agreement is to provide a grant to
financially .assist the Performing Party in performing the Work and therefore, the
Performing Parry is not a "vendor" of goods and services within the meaning of Texas
Government Code Chapter 2251.
4.5 Advance Payment: This provision applies only to the Alamo Area Council of
Governments, the East Texas Council of Governments, the Capital Area Council of
Governments, the Heart of Texas Council of Governments, the South East Texas
Regional Planning Council, and the El Paso Metropolitan Planning Organization. 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 -time advance payment. The 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 Parry's Work Plan.
4.5.1 Advance Payments under this Agreement shall be for no more than one hundred
thousand dollars ($100,000).
4.5.2 Documentation of costs paid using Advance Payments must be kept separate
from documentation of costs that are reimbursed, unless the Performing Party
otherwise has a documented procedure in place. In that case, full documentation
must be delivered to TCEQ in support of each relevant invoice. Documentation
of interest accrued from Advance Payments must be reported on each monthly
Financial Status Report.
4.6 The PERFORMING PARTY will place any advance payment in an interest bearing,
federally insured account and track interest earned. Interest earned from advances or
over recoveries is considered program income and must be spent under the terms and
conditions of this Grant Agreement with the prior agreement of the TCEQ.
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.
5.2 Legal Authority: TCEQ has the authority to make a direct award of funds pursuant to
directive of the 81st Texas Legislature in the General Appropriations Act at Article VI. 8
for the purpose of conducting air quality planning activities in near non - attainment
areas. TCEQ enters 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 addition, this Grant Agreement is made to the Performing
Party under the authority of the Interlocal Cooperation Act, Texas Government Code §
791. The TCEQ further relies on authority contained in Texas Health and Safety. Code §§
382.033 and 382.115.
5.3 Agreement subject to Requirements: The Performing Party agrees to comply with all
requirements and limitations pertaining to expenditure and reporting of state funds in
state rules and law, including: (1) Texas Government Code § 783.001 et seq. (Uniform
Grant and Contract Management Act or UGCMA) and implementation rules at 1 Texas
Administrative Code § 5.1¢1 et seq. (Uniform Grant Management Standards or UGMS)
(2) Texas Government Code, Chapter 556 (pertaining to lobbying and political activities).
5.4 By signing this Agreement and obligating itself to performance, the 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 The Performing Party agrees to place notices of the source of funds and the availability of
funds, and the legal authority in all subgrants and subcontracts it awards using funds
........ from this Agreement.
ARTICLE 6. THE PERFORMING PARTY'S REPRESENTATIONS
The Performing Party represents to TCEQ, and TCEQ relies on Performing Party's
representations that:
6.1 The Performing Party has examined and carefully studied the Grant Agreement
Documents.
6.2 The 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. GRANT AGREEMENT DOCUMENTS
The Grant Agreement Documents, which comprise the entire Agreement between TCEQ and the
Performing Party concerning the Work, consist of the following:
7.1 The TCEQ State Funded Grant Agreement;
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7.2 Approved Work Plan Budgets;
7.3 Attachment A: TCEQ Financial Status Report (Form 269a), Supplemental Financial
Status Report forms (Supplemental Form 269a);
7.4 Attachment B: Work Plan;
7.5 Attachment C: Indirect and Allocated Central Service Costs Recovery Report;
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 URL: 'http:/Iwww.epa.gov docs.html; 40 CFR 50 and 58 for
ambient air monitoring; current EPA emission factor and inventory guidance and
resource material found at the following URL:
http://www.gpa.gov/ttn/chief/12ublications.html#general draft final guidance on the
Use of Models and Other Analyses in Attainment Demonstrations for the 8 -hour Ozone
NAAQS found at http: / /www.tpa.gov /scramooi/guidance /guide /8- hour -o3- guidance-
final- version.pdf documentation on the CAMx model; and all other inventory or
modeling guidance, Work Plans, Notices to Proceed, Written Amendments, and other
documents amending, modifying or supplementing the Grant Agreement Documents
pursuant to the General Conditions.
7.7 There are no Grant Agreement Documents other than those listed above in this Article.
The Grant Agreement Documents may be amended, modified or supplemented only as
specifically provided.
GENERAL CONDITIONS
ARTICLE 8.. DEFINITIONS
Wherever used in this Grant Agreement the following terms have the meanings indicated that
are applicable to both the singular and plural:
8.r Grant Agreement — means the Agreement between TCEQ and the Performing Parry in
writing, consisting of the documents listed in Article 7. The term Grant Agreement is
used interchangeably as "Agreement" or "grant."
8.2 Equipment - means tangible, nonexpendable, personal property having a useful life of
more than one year and an acquisition cost of $5,000 or more per unit. TCEQ will
advise the Performing Party of the rules for capitalizing equipment purchased from state
funds and ultimate disposition.
8.3 Grantee - is the Performing Party, a recipient of grant funds and this Grant Agreement.
The Grantee 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
Agreement award document.
8.4 Include - The word "include" and all forms such as "including" mean "including but not
limited to" in the Grant Agreement and in documents issued in accordance with the
Grant Agreement.
8.5 Project — an insular objective to be accomplished by the Work Plan.
8.6 Supplies — means all tangible personal property other than "equipment" as defined in
these General Conditions.
8.7 Task — a step or procedural portion of a project.
8.8 Work — the entire completed services or the various separately identifiable parts thereof
required to be furnished under the Grant Agreement Documents. Work includes and is
the result of performing or furnishing labor, services, materials or equipment as required
by the Grant Agreement Documents.
8.9 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. The Work Plan describes the Work involved in the
individual projects proposed by the Performing Party. Changes to the Work PIan are
effective only when approved by the TCEQ in a signed amendment to the Grant
Agreement.
ARTICLE 9. CONTRACT INTERPRETATION
Intent
9.1. The Grant Agreement Documents will be construed in accordance with the laws of the
State of Texas.
9.2. Any work, materials or equipment that may reasonably be inferred from the Grant
Agreement Documents or from prevailing custom or trade usage as being required to
produce the intended result will be furnished and performed by the Performing Party
whether or not specifically called for.
9.3. When words or phrases that 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 and Specifications of Technical Societies;
Reporting and Resolving Discrepancies
9.4A Reference to standards, specifications, guidance manuals or codes of any
governmental authority or technical society, organization or association, or to all
applicable law, whether such reference be specific or by 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 Grant Agreement.
9.4.2 If an error or conflict within the Agreement or between the Agreement and any
applicable law is discovered, the Performing Party shall immediately report it to
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TCEQ in writing. The Performing Party shall not proceed with the Work affected
(except in an emergency as authorized by these Grant Agreement Documents)
until an amendment to the Grant Agreement has been issued. The Performing
Party shall not be liable to TCEQ for failure to report any such conflict or error,
unless the Performing Party knew or reasonably should have known.
9.4.3 Except as otherwise stated in the Grant Agreement as amended, provisions of the
Grant Agreement shall take precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Grant Agreement 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 Grant Agreement 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 Grant Agreement Documents would result in
violation of such Law or Regulation).
9.4.4 No provision of any standard, specification, guidance manual, code or instruction
shall be effective to change the responsibilities of TCEQ or the Performing Party,
or any of their subcontractors, consultants, agents, or employees from those in
the Grant Agreement, nor shall it be effective to assign to TCEQ, any duty or
authority to supervise the furnishing or performance of the Work or other
.Agreement provision.
9.5 Whenever in the Grant Agreement 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 like 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 Grant Agreement Documents and
conformance with the design concept of the completed Project as a functioning whole as
shown or indicated in the Grant Agreement Documents (unless there is a specific
statement indicating otherwise). The use of any such term or adjective shall not be
effective to assign to TCEQ any duty or authority to supervise or direct the furnishing or
performance of the Work or any other provision of the Grant Agreement Documents.
ARTICLE io. PERFORMING PARTVS 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 Party under this Agreement. The Performing Party agrees
to perform the Work in conformity with the standards and guidance documents provided
by the TCEQ. TCEQ may withhold reimbursement for costs of non - conforming work.
Supervision and Superintendence
10.2. The 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. The Performing Party shall be solely responsible for the
means, methods, techniques, sequences and procedures of the Work. The Performing
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Party shall be responsible for the accurate compliance of the completed Work with the
Grant Agreement Documents.
Personnel
10.3. The Performing Party shall provide competent, suitably qualified personnel to perform
the Work as required by the Grant Agreement Documents. The Performing Party shall at
all times maintain good discipline and order on the project.
Employment Practices
10.4. The Performing Party agrees to follow applicable state and federal laws regarding
employment practices, including race, creed, color, disability, national origin, sex,
political affiliation or beliefs.
Materials & Equipment
10.5. Unless otherwise specified in the Grant Agreement Documents, the 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.
1o.6. All materials and equipment shall be of good quality and new, except as otherwise
provided in the Grant Agreement 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 Grant Agreement Documents.
Title to and Management of Equipment
10.7. Subject to the obligations and conditions set forth in the Grant Agreement Documents,
title to all equipment acquired under this Grant Agreement shall vest, upon acquisition
or construction, with the Performing Parry.
1o.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 Grant Agreement.
1o.9. The Performing Parry may develop and use its own property management system in
conformance with all applicable State and local laws, rules and regulations. if in
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 Process User's Guide ( #96 -418)
Class Code List is at https:/ /tmx.er�a.;
Performing Party agrees to use these as
system.
and The State Property
sseodes /index plan The
a property management
1o.1o. The 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
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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.
1o.11. A physical inventory of all equipment acquired or replaced with funds provided under
this Grant Agreement 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 Performing 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.
10.12.1 Equipment shall be used by the Performing Party or subgrantee in the program
or project for which it was acquired as long as needed, whether or not the project
or program continues to be supported by state funds. When no longer needed for
the original program or project, the equipment may be used in other activities
currently or previously supported by a federal or state agency.
10.12.2The Performing Parry or subgrantee shall also make equipment available for use
on other projects or programs currently or previously supported by the federal or
state government, providing such use will not interfere with the Work on the
projects or program for which it was originally acquired. First preference for
other use shall be given to other programs or projects supported by the awarding .
agency.
10.12.3 When acquiring replacement equipment, the Performing Party or subgrantee
may use the equipment to be replaced as a trade -in or sell the property and use
the proceeds to offset the cost of the replacement property, subject to the
approval of the awarding agency.
10.13. Disposition of Equipment Acquired with Funds Provided Under this Agreement. When
original or replacement Equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a federal or state
agency, disposition of the equipment may be made as follows:
10.13.1 Equipment with a current per -unit fair market value of less than five thousand
dollars ($5,000) may be retained, sold or otherwise disposed of with no further
obligation to the TCEQ. Methods used to determine per unit fair market value
must be documented, kept on file and made available to the TCEQ upon request.
10.13.2 Equipment with a current per -unit fair market value of five thousand dollars
($5,000) or more must be disposed of as follows:
10.13.2.7 Prior to the termination date of this Agreement, the Performing
Party and subgrantees must notify the TCEQ. TCEQ may require
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the Performing Party or subgrantee to transfer title and possession
to such equipment to the TCEQ or a third party named by the
TCEQ or may alternatively authorize disposition by sale, transfer
or in another manner.
10.13.2.2 If within seven (7) years of the initiation date of the Agreement,
equipment is sold or transferred, the Performing Party must remit
to TCEQ a share of the proceeds 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 ($5,000). The TCEQ's share of the
sale proceeds shall be the same percentage as was the funding
provided under this Agreement that enabled the original purchase
in question.
10.14. The Performing Party shall not grant or allow to a third party a security interest in any
on final or replacement equipment purchased or constructed with funds made available
to the Performing Party under this Grant Agreement.
10.15. The Performing Party agrees that, in the event any funds provided under this Grant
Agreement are in turn awarded to any subgrantee for the purchase or acquisition of any
equipment by such other party, the Performing Parry's contract with that subgrantee
shall include the requirements set forth in this Agreement.
10.16. In accordance with UGMS, the Performing Party must submit an inventory of all state -
owned property (as distinct from property acquired with grant funds) for which it is
accountable and request disposition instructions from the TCEQ of property no longer
needed.
10.16.1 The state owned property inventory shall be submitted to TCEQ at the time of
close outof the Agreement, or upon written request by TCEQ.
Substitutes and "or -Equal Items
10.17. Whenever an item of material or equipment is specified or described in the Grant
Agreement Documents by using the name of a proprietary item or the name of a
particular supplier, the specification or description is intended to establish the type,
function and quality required. Unless the specification or description contains or is
followed by words reading that no like, equivalent or "or- equal" item or no substitution
is permitted, other items of material or equipment of other suppliers may be accepted by
TCEQ.
10.1$. Substitute Methods or Procedures: If a specific means, method, technique, sequence or
procedure is shown or indicated in and expressly required by the Grant Agreement
Documents, the Performing Party may furnish or utilize a substitute means, method,
technique, sequence or procedure acceptable to TCEQ. The Performing Party shall
submit sufficient information to allow TCEQ, in TCEQ's sole discretion, to determine
that the substitute proposed is equivalent to that expressly called for by the Grant
Agreement Documents.
Concerning Subcontractors, Suppliers and Others
1o.1g. All benefits and responsibilities accorded to the Performing Party under UGMS shall
apply to this Grant Agreement, including matters concerning subcontracts, suppliers and
13
other parties that the Performing Party hires or engages. The use of the cost plus a
percentage of cost method of contracting and subcontracting is prohibited.
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 Grant Agreements Documents, including all record keeping and
access requirements of this Agreement. The TCEQ 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 (b) through (i) of Part III of UGMS.
10.22. RESERVED
10.23. RESERVED
Intellectual Property Requirements
10.24. Intellectual Property
10.24.1. Royalties and Patent Fees. The 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. The Performing
Party shall promptly not TCEQ of all Intellectual Property which the
Performing Party or the formingg Party's employees, subcontractors, or
subcontractor's employees may p roduce, either solely or jointly with others,
during the course of the Work. In addition, the Performing Party shall
promptly notify TCEQ of all Intellectual Property to which the 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. The Performing Party
shall promptly supply additional information as TCEQ may request.
10.24.3. If the Performing Party fails to protect any Intellectual Property Rights in the
Intellectual Property produced 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. The Performing Party agrees that the 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 TCEQ, except in
the course of performing the Work, unless the Performing Party has
independent Intellectual Properly Rights to such Intellectual Property.
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10.24.5. Grant of License. When Intellectual Property is (i) incorporated in the Work
(other than Intellectual Property that TCEQ already possesses equal or greater
Intellectual Property Rights by virtue of this Agreement or otherwise), (ii)
produced by the Performing Party or the Performing Party's employees,
subcontractors, or subcontractor's employees during the course of performing
the Work, or (iii) specifically identified in the Contract as Intellectual Property
to which Intellectual Property Rights are granted pursuant to this paragraph,
the 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) a
nonexclusive, perpetual, irrevocable, enterprise -wide license to authorize
others to reproduce, publish, or otherwise use for TCEQ's purposes.
70.24.6. 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 TCEQ'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. The Performing Party 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. The Performing Party shall comply with all Laws and Regulations relating to
Intellectual Property. The Performing Party represents to TCEQ that the
Performing Party will not infringe any Intellectual Property Right of any third
party. The 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 a third party without paying 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 Grant Agreement Documents, the 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 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 Grant Agreement
Documents.
Permits
10.25. Unless otherwise provided in the Grant Agreement Documents, the Performing Party
shall obtain and pay for all construction permits and licenses. Performing Party shall
pay all charges of utility owners for connections to the Work, and the Performing Party
shall pay all charges of such utility owners for related capital costs such as plant
investment fees.
15
Laws and Regulations
10.26. Performing Party shall give all notices and comply with all Laws and Regulations
applicable to furnishing and performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, TCEQ shall not be responsible for
monitoring the Performing Party's compliance with any Laws or Regulations.
Performing Party shall bear all claims, costs, losses, and damages resulting from any
Work the Performing Party knew or had reason to know was contrary to Laws or
Regulations.
Uniform Grant and Contract Management Act
10.27. The provisions of the Uniform Grant Management Standards (UGMS) apply to this
Agreement, all amendments, and all subcontracts and subagreements. Compliance with
the conditions and requirements is necessary for the satisfactory performance of this
Agreement.
Energy E Standards
10.28. In performing the Work funded pursuant to this Grant Agreement, the Performing Party
shall follow standards and policies on energy efficiency in the Texas State Energy
Conservation Plan.
.Taxes
10.29. Where applicable the Performing Party shall pay all sales, consumer, use and other
similar taxes required in connection with the Work required by this Agreement.
Records, Documents, Data, Access, and Audit
10.30. The Performing Party shall maintain books, records, documents, and other evidence
reasonably pertinent to performance of the Work and requirements of the Grant
Agreement Documents, including the Agreement or amendments. All financial records
shall be maintained in accordance with generally accepted accounting principles, UGMS
and these Grant Agreement 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 subagreement or
subcontract and a copy of any cost information or analysis submitted to the
TCEQ.
10.30.2The TCEQ, 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 Performing 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
. Performing Party during performance of Work under this Agreement, and for three (3)
16
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 (3) 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 (3) year period, whichever is
later.
Data, Publicity, and Acknowledgement of Financial Support
10.33. All data and other information developed under this Agreement shall be furnished to the
TCEQ and shall be ppublic data and information except to the extent that it is exempted
from ublic access by the Texas Public Information Act, Texas Government Code § 552
("Act , T Upon termination of this Agreement, all copies of data and information shall be
furnished, at no charge to the TCEQ, upon request, to include databases prepared using
funds provided under this Agreement, and become the property of the TCEQ. Except as
otherwise provided by these Grant Agreement Documents, the Act, or other applicable
law, the Performing Party shall not provide data generated or otherwise obtained in the
performance of its responsibilities under this Grant Agreement 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.
10.35. The Performing Party and the Performing Party's agent, subcontractor, or other
representative shall acknowledge the financial support of the TCEQ and the State of
Texas whenever work funded, in whole or part, by this Grant Agreement is publicized or
reported in news media, or publications, or at public events and meetings. All project
signage, reports and other documents completed as a part of this Grant Agreement,
other than documents prepared exclusively for internal use within the TCEQ, shall
display the following notation on the sign, or front cover or title page:
PREPARED IN COOPERATION WITH THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
The preparation of this report was fznanced through grants from the State of Texas
through the Texas Commission on Environmental Quality
10.36 The Performing Party has permission to use the TCEQ logo in conjunction with outreach
efforts described in this Grant Agreement. The Performing Party must follow the TCEQ's
logo style guidelines when using the logo, which can be found on the Web at
www. teeg .state.tx.us/goto /logoguide Electronic files of the TCEQ logo should be
obtained from the TCEQ's Agency Communications Division by e- mailing
ac(a)tceq.state.tx.us E -mails should be addressed from the Performing Party's Project
Representative and copy the TCEQ Project Representative, reference use under the Rider
S Grant Program, and specify the file formats needed (examples: jpg, tiff).
17
Safety and Protection
10.37. Where applicable, the 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. The Performing Party shall take all necessary
safety precautions.
Independent Contractor
10.38. In. the performance of the Work Plan, the Performing Party is, and undertakes
performance as, an independent contractor.
Lobbying Activities
10.39. As set forth in these Grant Agreement Documents, and in accordance with the UGMS,
and applicable law, the Performing Party shall not support political activity either
directly or indirectly with funds provided pursuant to this Grant Agreement.
Independent Financial Audit
10.40. The Performing Party shall engage an independent financial auditor and conduct an
annual audit of the Performing Party's financial statements in accordance with the Single
Audit provisions of UGMS:
10.40.1. All terms used in connection with audits in this Agreement shall have the
definitions and meanings assigned in the Single Audit Circular in UGMS.
10.40.2. Provisions of the Single Audit Circular in Part IV of UGMS shall apply to all
governmental entities, except state agencies, expending the funds of this Grant
Agreement, whether they are recipients, receiving the funds directly from the
TCEQ, or are subrecipients, receiving the funds from a pass - through entity (a
recipient or another subrecipient). 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 TCEQ or its designee.
Exceptions in Audit
10.41. TCEQ is required to take action on exceptions noted in an audit of the 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 (2o) days of receipt of
the Performing Parry's receipt of an audit report. The 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 the
Performing Party's operations or Grant Agreement performance. The TCEQ may
approve the statement or reject as insufficient. The Performing Party may revise and
resubmit its statement with the consent of TCEQ. 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 Grant Agreement for cause and may undertake
any other remedies or sanctions provided under this Grant Agreement.
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Conflict of Interest
10.42. The Performing Party shall notify TCEQ immediately upon discovery of any potential or
actual conflict of interest. The Performing Party agrees that TCEQ has sole discretion to
determine whether a conflict exists and that the TCEQ may terminate the Agreement at
any time, on the grounds of actual or apparent conflict of interest.
Survival of Obligations
10.43. All representations, indemnifications, warranties and guarantees made in, required by or
given in accordance with the Grant Agreement Documents, as well as all continuing
obligations indicated in the Grant Agreement 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) years following the end of the Grant Agreement term.
Debarment
10.44. The Performing Party will 'inform the TCEQ immediately in writing .if the Performing
Party or any subcontractor or subgrantee is debarred by any agency of the State of Texas,
or federal government from receiving procurements, contracts for goods or services,
reimbursement contracts or grants.
Laboratory Accreditation
10.46. If any laboratory produces data under this Agreement, the laboratory must be accredited
by TCEQ according to Title 3o Texas Administrative Code (TAC) Chapter 25 (relating to
Environmental Testing Laboratory Accreditation and Certification) Subchapters A and B
as amended, for the matrices, methods, and parameters of analysis, unless the TCEQ
agrees in writing to allow one of the regulatory exceptions specified in 3o TAC 25.6.
ARTICLE 11. CHANGES IN THE WORK
11.1 CONTRACT MANAGER AUTHORITY
11.2 Administrative Tasks. The TCEQ Contract Manager has the authority to act on behalf
of the TCEQ in order to perform certain administrative tasks.
11.3 Authority. The TCEQ's Contract Manager may grant an extension of a deliverable due
date, authorize budget category adjustments of up to 1o% of the budget (however, not
changing the contract total) or adjustments to the mechanics of individual tasks that do
not change the nature or those tasks. Administrative tasks performed in furtherance of
the contract require the written consent of the TCEQ, but does not require a formal
Amendment to the Contract. A copy of the authorization must be retained in the
appropriate file of both the Performing Party and the TCEQ.
11.4 Process. It is the responsibility of the Performing Party to request extensions of
deliverables only, or the other adjustments that are within the discretion of the TCEQ
Contract Manager. Administrative changes within the authority of the TCEQ Contract
19
Manager must be documented through a formal letter approving the change, explaining
the change, and providing a reason for the change in order to be effective.
j.1.5 All changes to the Grant Agreement Cost Budget must be pre - approved in writing by the
TCEQ. Applicable cost principles and Articles 20 -21 of these General Conditions
contain additional requirements for prior approval of certain types of costs and apply to
all grants and subgrants.
Waiver
11.6 Unless authorized in accordance with these Grant Agreement Documents (relating to
Changes), or in writing by the TCEQ, no waiver of any obligation of the Performing Party
under this Grant Agreement shall bind 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 shall constitute
a waiver of the TCEQ`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
Grant Agreement.
ARTICLE 12. REIMBURSEMENT OF COSTS AND THE PAYMENT PROCESS
Payment is made for eosts which are allowable and eligible for reimbursement
12.1 TCEQ will reimburse the Performing Party's actual incurred costs of performance that
are BOTH: 1) allowable and 2) eligible for reimbursement.
Allowable Costs
12.2 A cost is allowable if it is within a category authorized by the Grant Agreement
Documents, UGM3, 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 Party has complied with the
conditions /requirements specific to the Grant Agreement Documents. The requirements
generally relate to the following:
12.3.1. performing the Work as specified,
12.3.2. conducting subcontract activities as specified;
12.3.3. conducting subgrant activities as specified;
12.3.4. conducting administrative activities as specified;
12.3.5. maintaining financial and administrative records and documentation;
12.3.6. submitting documents as specified and also upon request of the TCEQ.
111;
Approved Work Plan Budget
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.
12.6. In 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 Work Plans contained in the Grant Agreements Documents. The approved
Work Plans may be amended only by written agreement of the TCEQ and
in accordance with these Grant Agreement 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 Grant Agreement 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 (FSR or Form
269a), any required TCEQ Supplemental Financial Status Report forms
(Supplemental FSR or Supplemental Form 269a).
12.6.3. The Performing Party shall not submit payment requests (FSRs and invoices) any
sooner than fifteen (16) 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.
x2.64 The Performing Party shall require by contract its subcontractors and
subgrantees to invoice it on a monthly basis. Costs relating to subcontractors and
subgrantees shall be invoiced to TCEQ on a monthly basis.
12.7. Costs to be Itemized on Supplemental Form 26ga -1.
12.7.1. All requests for reimbursement of costs that fall within either the "Equipment" or
"Contractual" categories of the Grant Agreement Cost Budget shall be itemized
by the Performing Party on Supplemental Forrn 26ga -i. The requests shall be
identified with respect to the major tasks or objectives set forth in the Work Plan
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
down that particular expenditure by specific Grant Agreement task or objective
but may simply identify, in relative cost order, the various tasks or objectives
supported. In addition, when requested by TCEQ, the Performing Party shall
attach, for each reimbursable cost listed on Supplemental Form 26ga -1, legible
documentation that (1) serves to further identify the specific piece of equipment
received or the services provided, (2) clearly identifies the vendor or
subcontractor who provided the equipment or services, and (3) confirms the
reimbursable amount listed on the form. In the case of equipment purchases, the
attached documentation shall be either a purchase order marked "received /paid"
or a vendor - submitted invoice similarly marked. In the case of
subgrantee /subcontractor provided services, the documentation shall consist of a
21
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 Grant Agreement Cost Budget shall be
itemized by the Performing Party on Supplemental Form 269a -2 and identified
with respect to the major tasks or objectives, set forth in the Work Plan of this
Grant Agreement 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 26ga -2, legible documentation that (1) serves to
further identify the specific cost, (2) clearly identifies the vendor or subcontractor
who provided the construction related materials or services, and (3) confirms the
reimbursable amount listed on the form. The attached documentation shall be
either a purchase order marked "received /paid" or an invoice similarly marked.
In the case of subcontractor provided construction services, the documentation
shall consist of a dated invoice that shows the amount billed to the Performing
Party and any "past due" amount from previous invoices.
12.7.3. All requests for the reimbursement of expenditures that fall within either the
"Supply" or "Other" categories of the Grant Agreement Cost Budget shall be
itemized by the Performing Party on Supplemental Form 269a -3 and identified
with respect to the major tasks or objectives, identified in the Work Plan 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 particular expenditure by specific Grant Agreement 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 26ga -3, Iegible
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) confirms the reimbursable amount listed on the form. Although issued
purchase orders or invoices, or both, marked "received /paid" represent the
preferred types of documentation for purposes of this section, the Performing
Party may substitute /attach other records or documents that provide the same
type of information. The Performing Party shall not intentionally break up single
orders of identical or similar items, materials or supplies simply for the purpose
of avoiding the above requirement to provide confirming documentation when
submitting reimbursement requests to the TCEQ.
12.7.3.1 The TCEQ will not reimburse the Performing Party for expenses
related to the use of a cell phone or digital pa er, except for a
maximum of $40.00 per month cell phone alllowance for the
Performing Party's named project representatives with their
obligations. TCEQ may reimburse the Performing Party for
expenses related to the use of cell phones for the transmission of
ambient monitoring data.
12.7.4. All requests for reimbursement of expenditures that fall within either the
"Personnel/ Salary" or "Travel" categories of the Grant Agreement 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 particular expenditure by specific Grant
Agreement task or objective but may simply identify, in relative cost order, the
22
various tasks or objectives supported. Although no supporting documentation is
required to be attached to Supplemental Form 26ga -4 with respect to reported
"Personnel /Salary" expenditures in order to receive reimbursement, the
Performing Party is expected to maintain signed time sheets that can serve to
verify the total, overall hours of staff time being directly billed to this Grant
Agreement. With respect to employee travel, when requested by TCEQ all costs
listed on Form 26ga -4 must he supported by attached documentation that
identifies the name of the traveler(s), and that substantiates the reported
reimbursable costs. Documentation, for the purpose of substantiating travel-
related costs, includes the following: (1) legible copies of the Performing Party -
approved travel vouchers, signed by the employees who traveled, and (2) for
travel - related expenses borne directly by the Performing Party (and thus for
which reimbursement by the Performing Party 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 81st Texas Legislature at Article IX., Part 5.
12.7.5 TraveeI by volunteers will not be reimbursed.
12.8. Cost Reimbursement Guidance
.Indirect, Allocated, and Billed Central Service Costs
12.8.1 The Performing Party shall annually provide to the TCEQ copies of its current
cost allocation plans for indirect, allocated central service, and billed central
service costs within thirty (3o) days of that plan being approved by its cognizant
agency or state coordinating agency. If the Grant Agreement begins after the
start of the Performing Party's fiscal year, the approved cost allocation plans are
required within thirty (3o) days of the start of the Grant Agreement.
12.8.2 At the end of each State of Texas fiscal year the Performing Party shall provide
the TCEQ with an Indirect and Allocated Central Service Costs Recovery Report
for the Year Ending August 31. An example of this report is, contained in
Attachment C and an electronic template for the report shall be provided by the
TCEQ. This report shall be .due by October 31 of each year that a Grant
Agreement is in place.
12.8.3 In accordance with UGMS, billing rates used to charge the TCEQ for billed
central service costs 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. The Performing Party
shall document its adjustments and provide the TCEQ with a summary of its
indirect and billed central service cost adjustments showing the required
comparison and the necessary adjustments. This comparison shall be sufficiently
detailed for non - accountants to follow the adjustment process. This comparison
shall be provided to the TCEQ within ninety (go) days of the end of the
Performing Party's fiscal year.
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Maximum Reimbursements for Travel
12.8.4 The TCEQ encourages the Performing Party to participate in the Texas
Comptroller of Public Account's State Travel Management Program (STMP)
found at: h=: / /www.window. state. tx. us / procurement /prog/stmpZcontactinfo/
The TCEQ also encourages the Performing Party to consult with the TCEQ with
any questions on the eligibility of travel expenses.
12.8.5 The TCEQ will not reimburse for travel claims that are not consistent with
Textravel web located on the Texas Comptroller's website:
https: //fmx.epa.state.tx.us /finx /travel /textravel /index.php
12.8.6 For in -state travel, the TCEQ will reimburse the Performing Party for the actual
cost of lodging and meals at a daily rate not exceeding the current rate posted on
the Texas Comptroller's website:
https: 1/fmx.epa.state.tx.us/fm/travelZtravelrates.phR
Additional taxes and fees are eligible for reimbursement.
12.8.7 For out -of -state travel, the TCEQ will reimburse the Performing Parry for the
actual cost of lodging and meals at a daily rate not exceeding the current rates
posted on the Texas ComptroIler's website:
https: //fmx.cpa.state.tx.us /fm /travel /out of state /index.php
Additional taxes and fees are eligible for reimbursement.
12.8.8 For rental automobiles, the TCEQ will reimburse the Performing Party at the
actual daily rate no greater than the applicable STMP contract rate.
12.8.2.1 For air fare, the TCEQ will reimburse the Performing Party at actual
cost up to the applicable STMP contract rate.
12.8.2.2 Mileage for personal automobiles will be reimbursed at the rate
actually incurred as indicated by the vehicle odometer reading or a
mapping Web site. The Performing Party is encouraged to pay special
attention to the State of Texas Travel Allowance Guide for guidelines
concerning allowable mileage.
Cost Provisions Applying to entities defined as Regional Planning Commissions
and Councils of Government or which agree to applicability as though they are
Regional Planning Commissions
12.9. The provisions of this Paragraph and Subparagraphs apply to a Performing Party,
Subgrantees and other Recipients of the funds under this Grant Agreement defined as a
"Regional Planning Commission" 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 Grant Agreement Documents, the provisions of this Article
prevail.
12.9.1. Performing Party will comply with all requirements and rules adopted by the
Office of the Governor of Texas pursuant to Section 391.00g Texas Local
Government Code relating, to the operation and oversight of Regional Planning
Commissions. These rules have been adopted as 1 TAC 3.9425 (formerly 1 TAC
5.86).
24
12.9.2. Performing Party will comply with all other requirements of x TAC 3.9425 with
special attention to the following restrictions on the use of funds provided under
this Grant Agreement:
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
12.9.2.5 Alcoholic beverages and entertainment
12.9.2.6 Classification salary schedules and appropriate exempt positions.
TCEQ Review of Requests for Payment
12.10. In accordance with UGMS all payments by TCEQ to the Performing Party must be based
on reimbursement of the Performing Party's actual costs incurred in performing the
Work.
12.11. The TCEQ will review the request for payment and approve or reject it within a
reasonable time. The TCEQ is not obligated to make payment until TCEQ has approved
the request for reimbursement.
12.12. Upon request of the TCEQ, the Performing Party will provide any documentation
necessary to support the allowability and eligibility of the costs. The TCEQ may reject
request for payment and an invoice pending receipt of the requested documentation.
12.13. If a request for payment does not satisfactorily demonstrate the accomplishment of the
required tasks, or that costs are allowable, eligible, actual, and incurred costs, the TCEQ
will reject the request, including the invoice and voucher, until such time as the
deficiencies have been corrected. Performing Party must make any revisions or provide
any documentation required by the TCEQ for reimbursement.
12.14. The TCEQ may also reject a request for payment or suspend payment for any
incomplete, inconsistent or incorrect services or reports as required by this Agreement
until the Performing Party satisfactorily completes, revises, or corrects such services or
reports. Payment by TCEQ of a request for payment does not constitute acceptance by
TCEQ of any deliverable.
12.15. Notwithstanding any approval of request for payment, any funds received by the
Performing Party in excess of actual costs must be returned to the TCEQ prior to the
termination of the Agreement.
12.16. Failure on the part of the Performing Party to comply with the conditions set forth in the
Agreement Documents may be grounds for withholding funds and for termination of this
Agreement for cause and revocation of any unexpended funds. Nothing in this Article
shall be construed to prevent the TCEQ or the Performing Party from exercising any of
its rights under this Agreement including those relating to Termination and Remedies.
25
12.17. TCEQ may reject a request for payment where the Performing Party submits an invoice
or Financial Status Report, or both, more than sixty (6o) days after the termination date
of this Agreement.
Interest Income
12.18 Interest income derived from any advance payments or over - reimbursement made by
the TCEQ under this Grant Agreement shall be considered to be program income and
disclosed to the TCEQ monthly. Any program income over $260 shall supplement this
Grant Agreement and be used in a manner mutually agreed to by the Performing Party
and the TCEQ under the terms of this Agreement.
Contractual Costs
12.19. Performing Parry's contractual costs must comply with allowable cost requirements of
the Grant Agreement Documents and must be incurred pursuant to a written contractual
agreement between the Performing Party and a vendor providing goods or services (or a
subgrantee).
Duplication of E f fort Prohibited
12.20. In addition to the funds provided to the Performing Party under this Grant Agreement,
the TCEQ and other entities may provide fiends to the 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.
Fixed Amount Cost Reimbursement
12.21. If this Grant Agreement utilizes a pre - determined fixed- amount of reimbursement (only
if authorized in the Grant Agreement Costs Budget), this amount is determined on the
basis of an estimate of the Performing Party's actual costs of performing one or more of
the following. 1) specified service(s) (tasks); or 2) specified service(s) (tasks) during a
specified time period; or 3) providing specified good(s), or products. The Performing
Party has provided the estimate of costs in its Funding Application for this Grant
Agreement. The TCEQ relies on the accuracy of that estimate to determine the fixed -
amount of reimbursement. The Performing Party will provide supporting evidence to
establish the accuracy of its estimate of actual costs.
12.22. During the term of this Agreement, the Performing Party will monitor its actual costs of
performance and provide TCEQ 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 the Performing Parry and retaining amounts sufficient for
repayment; or 2) by demanding and receiving repayment of the amount from the
Performin Party. TCEQ may also use any other remedies and sanctions available under
this Grant Agreement.
12.23. The Performing Party has submitted a cost analysis as part of its Work Plan budget
estimate. The Performing Party and the TCEQ acknowledge that this cost analysis is the
basis upon which the costs for reimbursement have been calculated.
26
Closeout
12.24. Within sixty (6o) days of the end of this Agreement, the Performing Party must submit
all financial, performance, and other reports as required as a condition of the Grant
Agreement. Submission shall be in electronic format, either by electronic mail or on CD-
ROM, where possible. These reports may include:
12.24.1. All performance or progress reports required by this Agreement.
12.24.2. Financial Status Report.
12.24.3. Final request for payment.
12.24.4. Invention disclosure (if applicable).
12.24.6. State -owned property report (if applicable).
12.24.6. Work Plan Reports summarizing the Performing Party's accomplishments
with respect to the approved Work Plan and containing an 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 Government or
Comprehensive Annual Financial Report for municipalities.
12.24.8. An explanation of how advance payments, if any, were utilized.
12.24.9. A compilation of all monthly progress reports submitted to TCEQ during the
course of the Grant Agreement.
12.25. Within ninety (go) 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 Grant
Agreement Documents. The TCEQ will make prompt payment to the Performing Party
for allowable reimbursable costs. Closeout of the Grant Agreement does not affect:
12.25.1. The TCEQ'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. In no case may Performing Party take longer than thirty (3o) days to
refund TCEQ.
27
12.27. Any funds paid to a Performing Party in excess of the amount to which the Performing
Party is finally determined to be entitled under the terms of the award constitute a debt
to 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.
12.28 Except where otherwise provided by statutes or regulations, the TCEQ will charge
interest on an overdue debt in accordance with the UGMS.
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 Grant Agreement and as a condition, the Performing
Party shall execute and deliver to the TCEQ a release of all claims for payment of any
funds due and payable by the TCEQ pursuant to the terms of this Grant Agreement. The
release shall be conditioned upon payment of all fund amounts due and payable to the
Performing Party under this Grant Agreement. The release is limited to only those claims
that reasonably could have been foreseen at the time the release is executed. Performing
Party reserves the right to identify claims to be excluded.
12.3o. The Performing Party shall provide to the TCEQ documentation showing all tasks that
have been completed by the Performing Parry.
12.31. The Performing Party agrees that the determination of satisfactory completion of any
and all Work or other services performed or furnished under this Grant Agreement 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 Grant Agreement or settlement upon termination shall not
constitute a waiver of the TCEQ's claims against the Performing Party.
Indirect Cost Rate
12.33. If the Performing Party requests reimbursement of 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 Grant Agreement terms, in accordance with UGMS,
provided that no such termination may be effected unless the other parry is given:
28
13.2.1 not less than ten (1o) 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 (1o) 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 for this project.
13.4. If the TCEQ terminates the Grant Agreement for a material failure to comply with the
Grant Agreement terms under Section 13.2 or the TCEQ terminates the Grant Agreement
for convenience under Section 13.3, an adjustment in the Grant Agreement amount shall
be made in accordance with UGMS.
13.5• Upon receipt of a termination action pursuant to ,Sections 13.2 or 13.3 above, the
Performing Party shall:
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 Grant Agreement, whether completed or in process.
13.6. If, after termination for failure of the Performing Party to fulfill Grant Agreement
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 majeure Article of this Grant Agreement, the TCEQ may in its sole discretion
terminate this Grant Agreement in whole or part pursuant to this Article.
Force Majeure
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 due to labor disputes or strikes, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
13.9. Provided this Grant Agreement 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 a
force 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 due to its
fault or negligence; and
29
13.9.2. the delay or failure was not extended because of the affected parry's failure to use
all diligence to overcome the obstacle or to resume performance immediately
after the obstacle was overcome.
13.10. No time 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 Parry intends to
implement these measures. The party 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 a force majeure 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 majeure event. Neither the
TCEQ nor the Performing Party shall have, and both waive, any claim for any damages
resulting from delays caused by force majeure 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 THE 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
TCEQ, AND ITS EMPLOYEES AND OFFICERS AGAINST CLAIMS ARISING FROM THE
CONDUCT OF SUCH ACTIVI PIES.
14.2 The 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 TCEQ, its employees, and its officers from all claims arising
IT 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.
PPOvision 1¢.3 is applicable to entities defined as a Regional Council of
Government in Local Government Code 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 an actionable act or omission by a director or officer
of the Performing Party.
ARTICLE 15. STANDARDS FOR THE PERFORMING PARTY'S PERFORMANCE
15.1 In accordance with Chapter 783 Texas Government Code, the TCEQ is required to
monitor the Performing Party's performance under this Grant Agreement. The TCEQ
shall perform evaluations of the Performing Party's performance, the results of which
may be a factor in the selection criteria for future Grant Agreements or contracts. The
Performing Party acknowledges that these evaluations are made on a subject in which
TCEQ and its officers and employees have an interest or duty, and are made for the
purpose of communicating with other persons having a corresponding interest or duty.
30
The TCEQ may provide this information to state agencies and upon request, to others.
The Performing Party consents to the disclosure of any information or opinion contained
in TCEQ's evaluations. The evaluations may be posted on or in the TCEQ database and
on or in the Texas Procurement and Support Services or Texas State Comptroller's
vendor performance database. Therefore, the Performing Party agrees that the following
are appropriate standards for the Performing Party's performance during the Grant
Agreement:
15.1.1. Timeliness of Work. Standard: Work is provided on schedule.
15.1.2. Quality of Work. Standard: the Performing Party's Work conforms to the
requirements of the Grant Agreement and is technically accurate.
15.1.3. Subcontract Activities. Standard: Performing Party's subcontract and
subgrant activities comply with all TCEQ Grant Agreement requirements
regarding subcontracts especially competitive procurement methods for goods
and services, use of required subcontract provisions, and monitoring
performance of subcontractors and subgrantees.
15.1.4. Administrative and Financial Operations. Standard: the Performing
Party's administrative and financial operations comply with all obligations in law
and in the Grant Agreement especially record - keeping, reimbursement requests,
audits, allowable costs, and restricted expenditures.
Grant Agreement Monitoring and Evaluation Report
15.2. In accordance with Chapter 783 Texas Government 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 Grant Agreement and also as frequently
as determined appropriate by the TCEQ.
15.2.1. Within thirty (30) days of receipt of the ,Annual Performance Evaluation, the
Performing 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 (go) 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.
Evaluation of Substandard Performance
15.3. If the TCEQ evaluation finds the Performing Party's performance to be substandard,
TCEQ may provide its written evaluation report to other governmental entities at any
time. TCEQ may also provide its written evaluation report to the public as authorized by
law.
31.
Schedule of Remedies available to the TCEQ
15.4. In accordance with Section 2261.1o1 Texas Government Code, the following Schedule of
Remedies applies to this Grant Agreement in the event of substandard performance or
other failure to conform to the requirements of the Grant Agreement or applicable law.
The TCEQ may:
15.4.1. Reject substandard performance and request corrections without charge to the
TCEQ.
15.4.2. Issue notice of substandard performance or other non - conforming act or
omission.
1 5.4.3• Request and receive return of any over payments or inappropriate payments.
1544. Reject reimbursement request and suspend payment pending accepted revision
of substandard performance or non - conformity.
15.4.5. Suspend all or part of the Work or payments, or both, pending accepted revision
of substandard performance or non - conformity.
15.4.6. 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 source and by state
or federal law.
15.4.7. Terminate the Grant Agreement, demand and receive: return of all equipment
purchased of Grant Agreement funds, return of all unexpended funds, and
repayment of expended funds.
Cumulative Remedies
15.5. TCEQ may avail itself of any remedy provided in this Grant Agreement or in law to
recover any losses arising from or caused by the Performing Party's substandard
performance or any non - conformity with the Grant Agreement or the law. The remedies
available to TCEQ in this Grant Agreement 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 imposed upon the Performing Party 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
Grant Agreement Documents. The provisions of this paragraph will be as effective as if
repeated specifically in the Grant Agreement Documents in connection with each
particular duty, obligation, right and remedy.
32
ARTICLE 16. TCEQ PROJECT REPRESENTATIVES
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. All
communications including all payment requests must be addressed to the TCEQ's Project
Representatives or their designee. The TCEQ Project Representatives are the Director of the Air
Quality Division and the Manager of the Air Modeling and Data Analysis Section. Their
designees are identified below:
Leigh Ann Brunson
Grant Coordinator
Texas Commission on Environmental Quality
P.O. Box 13087 (MC -164)
Austin, Texas 78711 -3087
Phone: (612) 239 -1903
Facsimile: (612) 239 -1500
E -Mail: lbrunson2tcea.state.tx.us
Erik Gribbin
Program Coordinator
Texas Commission on Environmental Quality
P.O. Box 13087 (MC -164)
Austin, Texas 78711 -3087
Phone: (512) 239 -2590
Facsimile: (512) 239 -1500
E -Mail: egribbin(@tceg.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.
Name: Peggy L. Sumner
Title: Environmental Services Director
Organization: City of Corpus Christi
Address: P.O. Box 9277
City, Texas ZIP Code: Corpus Christi, TX 78469 -9277
Phone: (361) 826 -1868
Facsimile: Fax 826 -4578
E -Mail: PeggyS @cctexas.com
33
ARTICLE 18. SUBMITTAL OF PAYMENT REQUESTS
Payment requests must be submitted monthly to the TCEQ Project Representative designee.
ARTICLE ig. DESIGNATED LOCATION FOR RECORDS ACCESS AND REVIEW
The Performing Party designates the physical Iocation indicated below for record access and
review pursuant to any applicable provision of this Grant Agreement:
Location:
Physical Address:
City, Texas Zip Code:
ART.TCLE 2o. BUDGET
City of Corpus Christi
Museum of Science and History
igoo N. Chaparral
Corpus Christi, TX 78469
Authorized budgeted expenditures under this Grant are as follows:
Fiscal Year 2o11 Air Quality Planning Grant Budget
Grant Recipient (Performing Party)
Grant Number 5 582 -11 -11223
Budget Category
FY 2011 Budget
1. Personnel /Salaries
$36,S40.00
2. Fringe Benefits
$8,550.36
3. Travel
$1,700.00
4. Supplies
$750.00
g. Equipment
6. Contractual
$459,000.00
7. Construction
$800.00
8. Other
Total Direct Charges (sum of 2 -8)
$507,340.36
g. Indirect Charges
$8,988.90
Total Funding Requested (Sum of 8-9)
$516,329.26
Dollar amounts related to each budget category are to be found in the Performing Party's
Work Plan.
ARTICLE 21. BUDGET CONTROL AND TRANSFERS
Performing Party may, with TCEQ written approval, revise the amounts listed in the direct cost
categories of the budget in Article 20. The Performing Party's written request shall include the
reason for the request, a redline /strikeout version of the currently approved budget, a narrative
of each fund transfer among the budget categories, and a description of how the budget
transfers will change each Work Plan. When cumulative transfers among the categories exceed
ten percent (io %) of the Total Budgeted Costs amount of each Work Plan, a formal written
amendment is required.
34
ARTICLE 22. SUBMITTAL OF PAYMENT REQUESTS DOCUMENTING ADVANCE
PAYMENTS
Payment requests (Financial Status Report )form 269a) or documentation of expenditures of an
advance payment (using Financial Status Report Form 269a) must be submitted monthly.
ARTICLE 23. MISCELLANEOUS
23.1. Assignments. No party is bound by the assignments of another party, unless agreed to in
writing. No assignment is a release against any responsibility under the Grant
Agreement.
23.2. TCEQ and the 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 Grant Agreement.
23.3• Any provision of the Grant Agreement 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 the Performing Party agree that the
Grant Agreement shall be reformed to replace the stricken provision with a valid and
enforceable provision expressing the intention of the stricken provision.
23.4. 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 (2) or more counties
of proper venue under the rules of mandatory, general, or permissive venue, and one
such county is Travis County, the Performing Party agrees to venue in Travis County.
This provision does not waive TCEQ's sovereign immunity.
Claims
23.5. Should TCEQ or the 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.
23.6. Whenever reference is made to "claims, costs, losses, and damages," it shall include in
each case, but not be limited to, all fees and charges of TCEQ, architects, attorneys and
other professionals and all court and or other dispute resolution costs.
Sovereign Immunity
23.7. 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
35
authorized to waive sovereign immunity by accepting, on behalf of TCEQ, goods or
services which are not required under the Grant Agreement 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 Texas Legislature for that respective claim, suit, or obligation.
Notifieation
23.8. The parties agree that any notice concerning a change in the designated Project
Representative or their designee(s), a delay in the Work or the termination of the
Agreement should be sent by certified mail to the other party's designated Project
Representative and their designee(s).
Headings
23.9. All headings and labels in the Agreement are for the purposes of organization and
Iabeling; these headings shall not affect the meaning or interpretation of this Grant
Agreement or any of its provisions.
36
Attachment A
Financial Status Report and
TCEQ Supplemental Financial Status Report Forms
37
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
RIDER 8 AIR QUALITY PLANNING GRANT PROGRAM
FINANCIAL STATUS REPORT — FORM 269a
1. STATE AGENCY
ORGANIZATION TO WHICH
REPORT IS.SUBMITTED:
LEIGH ANN BRUNSON, TCEQ AIR QUALITY DIVISION MC 164, P.O. BOX 13087, AUSTIN TX 78711 -
3087
2. GRANT/CONTRACT TITLE: RIDER 8 LOCAL AIR QUALITY PLANNING GRANT
3. PAYEE IDENTIFICATION NUMBER:
4. RECIPIENT ORGANIZATION (NAME AND COMPLETE
ADDRESS INCLUDING ZIP CODE
5. TCEQ CONTRACT NUMBER:
6. FINAL REPORT
YES
NO
7. ACCOUNTING BASIS:
CASH
ACCRUAL
8, TOTAL PROJECT /GRANT PERIOD:
9. PERIOD COVERED BY THIS REPORT:
FROM TO:
FROM:
TO:
10. BUDGET CATEGORIES
APPROVED
BUDGET
PROJECT COST
THIS REPORT*
CUMULATIVE
PROJECT COST
BALANCE"
A. PERSONNEUSALARY
B. FRINGE BENEFITS
C.TRAVEL
D. SUPPLIES
E. EQUIPMENT
F. CONTRACTURAL
G. CONSTRUCTION
H. OTHER
I. TOTAL DIRECT COSTS (sum A -H)
J. INDIRECT COSTS
K. TOTAL (sum I and J)
* List (itemize) on the appropriate supplemental form, all component expenses comprising the total cost for each of these categories. Please
attach receipts, as required, in accordance with the conditions of your contract.
* Negative balances in any of the budget categories should be ex lained in a brief accompanying narrative.
11. ADVANCED FUNDS
12. INTEREST EARNED
A. FUNDS ADVANCED THIS PROJECT:
A. INTEREST EARNED THIS PERIOD:
B. ADVANCED FUNDS SPENT THIS PERIOD:
B. INTEREST PREVIOUSLY EARNED:
C. ADVANCED FUNDS SPENT PREVIOUSLY:
C. CUMULATIVE INTEREST EARNED:
D. ADVANCED FUNDS REMAINING:
13. CERTIFICATION: I CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THIS REPORT IS CORRECT AND COMPLETE
AND THAT ALL OUTLAYS AND UNLIQUIDATED OBLIGATIONS ARE FOR THE PURPOSES SET FORTH IN THE AWARD DOCUMENTS.
SIGNATURE OF AURTHORIZED OFFICIAL
TYPED/PRINTED NAME AND TITLE
TELEPHONE Area code, number, and ext. DATE SUBMITTED:
TCEQ FORM 20248 REVISED (0312010) - Page 1 of 6
38
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
Should match description provided forapproval)
UNIT
COST
TOTAL.
COST
TASKS
TOTAL CONTRACTUAL EXPENDITURES (must
agree with line 1 O on Form 20248)
TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 20248) I s
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR (NAME)
FOR
COST (THIS PERIOD)
TASKS
TOTAL CONTRACTUAL EXPENDITURES (must
agree with line 1 O on Form 20248)
$
* LEGIBLE PURCHASE ORDER AND /OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR
EXPENDITURE.
TCEQ FORM 20248 REVISED (0312010) - Page 2 of 6
39
ITEMIZATION OF CONSTRUCTION COSTS
CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE COST (THIS PERIOD) TASKS
IF
IF
1E
IF
IF
IF
IF
IF
F.
IF
IF
IF
1=
OTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 20248) $
*LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
TCEQ FORM 20248 REVISED (0312010) - Page 3 of 6
40
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES. PURCHASED (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
Should match description provided fora roval
UNIT
COST
TOTAL
COST
TASKS
T OTAL SUPPLY EXPENDITURES
(must agree with line 10d on Form 20248)
$
OTHER EXPENDITURES (during this report period)
NUMBER
PURCHASED
DESCRIPTION
UNIT
COST
TOTAL
COST
TASKS
,T OTAL OTHER EXPENDITURES
(must agree with line 10h on Form 20248)
$
*LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT
EQUAL OR EXCEED $500.
TCEQ FORM 20248 REVISED (0312010) - Page 4 of 6
41
ITEMIZATION OF PERSON NEUSALARY AND TRAVEL COSTS
PERSONNELISALARY EXPENDITURES (during this report period)
EMPLOYEE NAME
TITLE/POSITION
SALARY (THIS
PERIOD
TASKS
OTAL PER SONNELISALARY EXPENDITURES (must agree with line 10a on Form 20248)
$
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION
REASON
COST (THIS
PERIOD
TASKS
TOTAL TRAVEL EXPENDITURES (must agree with line 10c on
Form 20248
$
* SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS
FORM
TCEQ FORM 20248 REVISED (03/201 0) - Page 5 of 6
42
Financial Status Report Preparation Instructions
The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract,
shall submit, a completed, legible TCEQ Financial Status Report (TCEQ Form 20248) and any required TCEQ
Supplemental 20248 forms. Unless directed otherwise in the Contract, the PERFORMING PARTY shall submit such
payment request documents by not later than twenty -one (21) days after the close of each state fiscal year quarter. The
reporting periods shall also correspond to the State of Texas fiscal year quarters (September- November; December -
February, March -May; June - August). Each Financial Status Report shall indicate, for each budget sub - category the
PERFORMING PARTY S project expenditures for the period in question, the cumulative expenditures with respect to
each budget sub - category, and the balance remaining in each budget sub - category following reimbursement of the
amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the
report period.
All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of
the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -1 and
identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support
or satisfy. In addition, the PERFORMING PAR'T'Y shall attach, for each reimbursable cost listed on Supplemental Form
20248 -1, legible documentation that (i) serves to further identify the specific piece of equipment received or the
services provided, (2) clearly identifies the vendor or subcontractor who provided the equipment or services, and (3)
that confirms the reimbursable amount listed on the form. In the case of equipment purchases, the attached
documentation shall be either a purchase order marked "received /paid" or a vendor - submitted invoice similarly
marked. In the case of subcontractor provided services, the documentation shall consist of a dated invoice that shows
the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices.
3. All requests under this Contract for the reimbursement of expenditures that fall within the "Construction" category of
the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -2 and
identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support
or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form
20248 -2, legible documentation that (1) serves to further identify the specific cost, (2) clearly identifies the vendor or
subcontractor who provided the construction related materials or services, and (3) that confirms the reimbursable
amount listed on the form. The attached documentation shall be either a purchase order marked "received /paid" or an
invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall consist
of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from
previous invoices.
All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the
Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -3 and identified
with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy.
In addition, for any single- listed item or service costing more than $5oo, the PERFORMING PARTY shall attach, for
each reimbursable cost listed on Supplemental Form 20248 -3, legible documentation that (1) serves to further identify
the specific items or services, (2) clearly identifies the vendor or subcontractor who provided the items or services, and
(3) that confirms the reimbursable amount listed on the form. Although issued purchase orders and /or invoices
marked "received /paid" represent the preferred types of documentation for purposes of this section, the PERFORMING
PARTY may substitute /attach other records or documents that provide the same type of information. The
PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies
simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting
reimbursement requests to the TCEQ.
All requests for reimbursement of expenditures that fall within either the "Personnel /Salary" or "Travel" categories of
the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -4 and
identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support
or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 2o248 -4 with
respect to reported "Personnel /Salary" expenditures in order to receive reimbursement, the PERFORMING PARTY is
expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly
billed to this Contract. With respect to employee travel, all costs listed on Form 20248 -4 must be supported by
attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable
costs. Documentation, for the purpose of substantiating travel - related costs, includes the following: (1) legible copies
of the PERFORMING PARTY - approved travel vouchers, signed by the employees who traveled, and (2) for any travel -
related expenses under this contract borne directly by the PERFORMING PARTY (and thus for which reimbursement
by the PERFORMING PARTY to the traveler was not required) separate receipts showing, at a minimum, the traveler's
name, the travel location, and the travel date(s).
When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not
breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost
order, the various tasks or objectives supported.
Form Instructions - Page 6 of 6
43
Attachment ]B
Fiscal Year 2011 Work Plan
44
City of Corpus Christi Fiscal Year 2011 Rider 8 Phase II Work Plan
Effective Date through August 31, 2011
The City of Corpus Christi (hereby referred to as the "Performing Party ") working in
collaboration with the Texas Commission on Environmental Quality and
subcontracting to the University of North Texas, and the Texas A &M University -
Corpus Christi Pollution Prevention Partnership submits the following work plan.
Task 1: Update Conceptual Model through the 2010 Ozone Season
The Performing Party, subcontracting to the University of North Texas shall identify
necessary and sufficient conditions for high or exceeding ozone
measurements in their program area (defined as the immediate statistical
area plus adjacent counties) of the ozone National Ambient Air Quality
Standards (NAAQS). The Performing Party's analyses shall include any
seasonal variations and use data through 2010 to the extent possible. In
particular, the Performing Party's conceptual model will include the following
analyses:
• Evaluate the wind speeds, directions and time of day associated with high
ozone events to determine the local conditions and source alignments most
frequently associated with high ozone events.
• Develop 24 hour back trajectories to determine source regions most (and
least) likely to affect local area ozone.
• Conduct a weekday /weekend analysis to evaluate the potential effectiveness
of reduced levels of local industrial and mobile source activity on their area;
• Evaluate the range and average background ozone concentrations associated
with local wind directions;
• Investigate ozone and precursor trends and estimate the annual frequency of
high ozone days at varying standard levels (above); and
• Address additional relevant questions listed in Section 11,1.1 of EPA's ozone
modeling guidance document, Guidance on the Use of Models and Other
Analyses to Demonstrating Attainment of Air Quality goals for Ozone, PM2.5,
and Regional Haze.
Deliverable: The Performing Party shall
deliver an updated Conceptual
Model
containing
analysis of monitoring
and other data through 2010.
The
conceptual
model shall be delivered
to the TCEQ in a Microsoft Office
Word
and Adobe
Acrobat Reader ( *.pdf)
format. Accompanying data and
other
supporting
material shall be provided in a mutually agreeable electronic
format.
Deliverable Date: June 15, 2011
45
Cost: $10,000.00
Task 2: Ambient Monitoring Projects
2.1 Th.e Performing Party shall continue to collect and deliver any routine, hourly
ambient monitoring data to the TCEQ in Austin (through the LEADS) collected
in Phase I. In order to provide accurate, quality assured data for modeling
efforts and to track movement of pollutants, the Performing Party shall
operate the ambient air monitoring sites as listed in Table 1: Ambient Air
Monitoring Sites to be Operated by the Grant Recipient. The geographical
location 'of the monitoring sites is shown in Figure 1.
Table I. Ambient Air Monitoring Sites to be Operated by the Grant
Recipient
LOCATION
EQUIPMENT
START DATE
END DATE
ADDRESS
INSTRUMENTS
Holly Road site
Teledyne API 400E ozone
Effective Date
November 1,
(CAMS 660) -
analyzer, F460 wind
2010
Water pumping
sensors, Coastal
station operated
environmental
April 1, 2011
by the City of
Atmospheric
August 31, 2011
Corpus Christi
Temperature /Relative
located in the
Humidity (AT /RH)
growing suburbs
sensor, Zeno 3200
of the south side
datalogger, and Enfora
of the City.
wireless modem.
Aransas Pass site
Teledyne API 400E ozone
Effective Date
November 1,
(CAMS 659) -
analyzer, RM young wind
2010
Wastewater
sensors, Coastal
April 1, 2011
treatment plant
environmental
operated by City
Atmospheric
of Aransas Pass
Temperature /Relative
August 31, 2011
and in
Humidity (AT /RH)
cooperation with
sensor, Zeno 3200
the San Patricio
datalogger, and Enfora
Water District. A
wireless modem.
coastal location to
the NE of Corpus
Christi.
Violet site (CAMS
Teledyne API 400E ozone
Effective Date
November 1,
664) - Pumping
analyzer, RM young wind
2010
station located
sensors, Coastal
west of Corpus
environmental
April 1, 2011
Christi. Rural
Atmospheric
August 31, 2011
location
Temperature /Relative
surrounded by
Humidity AT /RH
M
open field for
several miles.
sensor, Zeno 3200
datalogger, and Enfora
wireless modem.
Odem site (CAMS
Teledyne API 400E ozone
686) - Pumping
analyzer, 1=460 wind
Effective Date
November 1,
station operated
sensors, Coastal
2010
by San Patricio
environmental
Water District.
Atmospheric
April 1, 2011
Rural location NW
Temperature /Relative
August 31, 2011
of Corpus Christi.
Humidity (AT /RH)
sensor, Zeno 3200
datalogger, and Enfora
wireless modem.
47
SAN PATRICIO COUNTY
7CAMS 6
CAMS 659
(Aransas Pass)
CAMS 2'1
CAMS 664
(Violet)
CAMS 04
NUECES COUNTY
CAMS 660
(Holly road)
Legend
A TAAUK monitoring sites
• TCEQ monitorings situ
N
W E
� s
tf
0 3.757.5 15 Miles
Lj -- [ 1 I 1 1 1 f
Figure 1. Air monitoring sites in the Corpus Christi Urban Airshed.
The data will be transferred regularly to the TCEQ's Leading Environmental
Analysis and Display System (LEADS) data system as specified in Table 1.
These monitor sites are described in the enhanced monitoring proposal
delivered as a part of Rider8 FY2008 -2009. The Performing Party shall
operate four of these monitoring sites April 1 until October 31.
This contractor -owned transfer standard will be calibrated according to TCEQ
specifications, policies and procedures in the TCEQ's HAMS /SLAMS Network
48
and U.S. Mexico Border Support Activities Quality Assurance Project Plan for
Air Monitoring in Texas. These requirements are based on requirements
found in the code of Federal Regulations (CFR) 40, Parts 50, 53; and 58. See
URL . http:// www. eaa. nov/ docs/ epacfr40 /chapt- I,info /subch -C.htm
Deliverable: Ambient monitoring data collected at monitoring sites described in the
Phase II work plan delivered to TCEQ's LEADS.
Deliverable Date: Continuously between September 1, 2010, and November 1,
2010 and April 1, 2011, and August 31, 2011, or as soon as practical.
Cost: $98,000.00
Task 3: Emissions Inventories Improvement
3.1 The Performing Party shall implement emissions inventory improvements for
any non -road sources for which improvement plans were developed in the FY
2010 work plan (Task 3.2).
Project 1: Marine Diesel Engine Emissions (Ships & Barges)
The Performing Party shall implement emissions inventory improvements for
anthropogenic marine emission sources for which improvement plans were
developed in the FY 2010 work plan. The main aim of this project will be to
update the marine diesel engine emissions from ocean -going vessels and
barges in the Port of Corpus Christi. The.emissions calculations will be
primarily based on the vessel traffic data provided by the Port of Corpus
Christi Authority (POCCA), ship information from Lloyd's Register of Ships at
the Port of Corpus Christi, and methodologies adopted in a study conducted
by Environ Corp. for EPA (USEPA, 2002). The emissions from barges
traveling in the Intracoastal Waterway in the Airshed (ICWWA) will also be
calculated using the methodology adopted by a study conducted by Eastern
Research Group & Starcrest Consulting Group for HARC (Wells and Baker,
2003). The data used for emission calculations will be based on the 2008
activity of ships and barges that will be obtained from the Port of Corpus
Christi.
Project 2: Pleasure Craft Emissions
The Performing Party shall implement emissions inventory improvements for
pleasure craft emissions for which improvement plans were developed in the
FY 2010 work plan. The 2008 pleasure craft emissions will be calculated by
executing the EPA developed NONROAD2008a model. The boat usage activity
and population in each county will be determined based on data obtained
from Texas Parks and Wildlife (TP &W) for each county during 2008.
49
Project 3: Aircraft Emissions (Commercial & General Aviation)
The Performing Party shall implement emissions inventory improvements for
commercial aircraft and general aviation emissions for which improvement
plans were developed in the FY 2010 work plan. The Federal Aviation
Authority (FAA) approved Emissions and Dispersion Modeling Systems
(EDMS) model version 5.1.2 will be used for estimating the emissions from
this source category. The activity information on annual landing and take -off
(LTO), annual hours of ground support equipment (GSE), and stationary
sources will be obtained from the Corpus Christi International Airport (CCIA)
for emissions estimation using the EDMS model.
Project 4; Other Major Non -Road Sources
The Performing Party shall implement emissions inventory improvements for
other major non -road emissions for which improvement plans were
developed in the FY 2010 work plan. The 2008 non -road emissions from
construction equipments, agriculture equipments, industrial equipments and
locomotives will be estimated by executing the EPA developed
NONROAD2008a model. The inputs on equipment population and activity for
NONROAD2008a model will be obtained from the Texas NONROAD (TexN)
model default estimates.
The Performing Party will also obtain the actual population and activity for
the non -road sources from agencies including Texas Department of
Transportation, Port of Corpus Christi, City of Corpus Christi, and Naval Air
Station in Corpus Christi. Any differences between the actual and default
(TexN model) population and activity will be updated and reported to TCEQ.
The emissions will be recalculated based on the updated population and
activity. data.
Deliverable: The Performing Party shall prepare a report documenting the
emissions inventory improvement projects and providing the information
necessary to update TCEQ modeling files. The report will describe the steps
taken, any significant deviations from the previously developed plan, and any
background the Performing Party feels is relevant to the project. The
Performing Party shall provide the report in Microsoft Office Word and Adobe
Acrobat Reader ( *.pdf) formats. Any supporting data or information shall be
provided in like format or in a format agreed to by the TCEQ and the
Performing Party.
Deliverable Date: July 1, 2011
Cost: $28,500.00
3.2 The Performing Party shall review the Point, Area, and Non -Road portions of
the 2008 National Emissions Inventories provided for each area by the TCEQ.
50
The Performing Party shall identify additional significant source categories not
identified in FY 2010 that it believes to be under or over estimated,
accompanied by high levels of uncertainty, or where the Performing Party
believes it can provide additional or more detailed emissions inventory input
at a sub - county level of analysis.
Deliverable: The inventory review shall be delivered to the TCEQ in a Microsoft
Office Word and Adobe Acrobat Reader ( *.pdf) format. Any supporting data
or information shall be provided in like format or in a format agreed to by the
TCEQ and the Performing Party.
Deliverable Date: July 15, 2011
Cost: $15,000.00
3.3 The Performing Party shall work with the TCEQ to insert improved local non -
road emissions inventory data (from Task 3.1 of this Work Plan) in to the
2008 baseline and future year emissions inventories for the selected
photochemical modeling episode. The Performing Party shall thoroughly
document their efforts.
Deliverable: The Performing Party shall assist the TCEQ staff in preparing improved
local emissions inventory information for entry photochemical modeling
emissions inventories.
Deliverable Date: August 1, 2011
Cost: $28,500.00
Guidance Documents:
1. Documentation for Aircraft, Commercial Marine Vessel, Locomotive, and
Other Non -Road Components of the National Emissions Inventory, Vol. I,
E.H. Pechan & Associates for EPA, EPA Contract No. 68 -D -02 -063, September
2005.
2. Documentation for the Final 2002 Nonpoint Sector (Feb 06 Version) National
Emission Inventory for Criteria and Hazardous Air Pollutants, E.H. Pechan &
Associates for EPA, EPA Contract No. 68 -D -02 -063, July 2006.
3. Non -Road Assessment Tool and Estimator (NATE) User's Guide, Eastern
Research Group for TNRCC, Work Order #34730 -17, August 2001.
4. 2008 National Emissions Inventory, Emissions Inventory System
Implementation Plan, EPA, December 2008.
51
5. NONROAD Model, Modeling and Inventories,
http: / /www.epa.gov /ores /nonrdmdl.htm , US EPA, accessed November 5,
2009.
6. FGAS Version 5.0, Technology Transfer Network Economics & Cost Analysis
Support, http: / /www.epa.(iov /ttnecasl /eaas5.htm , US EPA, accessed
November 5, 2009.
7. Written Amendments, and other documents amending, modifying or
supplementing the Contract Documents pursuant to the General Conditions.
Task 4: Air Quality Modeling Planning for FY2011
During the Phase II period (September 1, 2010 through August 31, 2011),
the TCEQ and the Performing Party will be engaged in several photochemical
modeling activities designed to advance the Texas State Implementation Plan
(SIP). The goal of these Phase II activities is to prepare both a working June
2006 base case ozone episode and a 2008 baseline scenario of this base
case.
Some of the steps involved in reaching this goal may include, but are not
limited to:
Primarily Responsibility of the TCEQ:
1. Completing performance evaluations of the Weather Research and Forecasting (WRF)
meteorological modeling;
2. Producing meteorological modeling optimized for inland and_ coastal areas;
3. Developing and/or modifying 2006 meteorological and emissions inputs for an alternative
modeling domain;
Primary Responsibilily of the Performing Party with Oversight of the TCE
4. Developing a photochemical modeling protocol appropriate for submittal as part of a
Texas SIP revision based on a revised eight -hour ozone standard;
5. Improving and upgrading modeling emissions inventories for the 2008 baseline scenario
of this ozone episode;
Investigating model performance of the 2006 base case ozone episode;
Primary Responsibility of the Performing Party:
7. Investigating possible sources of ozone transported into a particular nonattainment area
along with the formation of ozone within the area based on precursor emissions;
Investigating model sensitivity to broad changes in precursor emissions using tools such
as Anthropogenic Precursor Culpability Assessment (APCA), Ozone Source
Apportionment Technology (OSAT), or High -order Decoupled Direct Method (HDDM);
and
52
9. Evaluation of potential local voluntary or mandatory control strategies.
During Phase II, the TCEQ will continually work to develop the overall
photochemical modeling episode and periodically deliver updates to the
Performing Party via internet, FTP site, or disk drive (for large files) provided
by the Performing Party. Steps 1 -3 will be the primary responsibility of the
TCEQ while steps 7 -9 will be the primary responsibility of the Performing
Party within available resources. Steps 4, 5, and 6 will be primarily a
Performing Party responsibility with significant oversight by staff at the
TCEQ,
The Performing Party is encouraged to perform appropriate modeling
sensitivities which may include APCA runs, OSAT runs, HDDM runs, or source
category sensitivities which may provide the Rider 8 areas and the TCEQ with
preliminary information regarding the more efficient control strategies to
pursue. The use of "zero out" runs whereby anthropogenic precursor
emissions are eliminated over large geographic areas is discouraged.
There are several guidelines that the Performing Party shall adhere to.
First, in applying the photochemical model, the Performing Party may not
analyze or model control strategies unless they meet the following criteria:
1. The geographic applicability is limited to the Performing Party's
program area; and
2. The control strategy is either voluntary or can be implemented under a
political subdivision's existing legal authority.
Second, because the TCEQ's staff resources are limited, the Performing Party
should expect that technical assistance will be limited to answering specific .
questions from experienced users of EPS3, CAMx, WRF, LINUX operations
systems, and LINUX systems management. Staff from the TCEQ will not be
available to provide comprehensive assistance to inexperienced users of
EPS3, CAMx, WRF, and LINUX. Third, distribution of multiple and /or large
size modeling files to the Performing Party shall require a hard drive shipped
and provided at the Performing Party's expense and formatted for Linux
operating systems. Fourth, the TCEQ will not reimburse the Performing Party
for any use of photochemical modeling episodes developed for periods prior
to 2005.
Deliverable: The Performing Party shall document its photochemical modeling
activities as part of its regular monthly progress report. The Performing
Party shall include any important analyses and results from its inventory
development and photochemical modeling work. The Performing Party shall
provide the report in Microsoft Office Word and Adobe Acrobat Reader ( *.pdf)
formats. Any supporting data or information shall be provided upon request
in like format or in a format agreed to by the TCEQ and the Performing Party.
For emission inventory and /or modeling file improvements, the Performing
53
Party shall provide all "upstream" inputs in an appropriate electronic format
so that suggested changes can be readily replicated and incorporated by the
TCEQ staff.
Deliverable Date: August 31, 2011
Cost: $79,000.00
Task 5. Planning and Outreach
5.1 The Performing Party, subcontracting with Texas A &M University, Pollution
Prevention Partnership, shall establish stakeholder groups or committees
that include local governments, businesses, citizens groups, and
environmental groups. The purpose of these stakeholder groups shall be(to
the extent the Performing Party determines appropriate) to foster
community participation in local ozone reduction efforts, review technical
work, serve as source of information of ideas in developing local ozone
reduction efforts.
The Pollution Prevention Partnership will continue its work with advisory and
stakeholder groups for the purpose of broad -based review, input and
probable emissions reductions impact of local control efforts that seek to
reduce ozone emissions. Key stakeholders have been and will continue to be
identified and recruited to participate in Pollution Prevention Partnership
groups that serve to identify, recommend and develop local control strategies
that will be effective in reducing air pollution in the Corpus Christi airshed
and strive for Corpus Christi to be recognized as "attainment" with the
National Ambient Air Quality Standards (NAAQS) for ozone. Groups and
committees will foster community participation in local air pollution reduction
efforts, review technical work, participate in strategic planning, and be a
source of information for ideas to develop local air pollution reduction
program goals, objectives and deliverables.
The Pollution Prevention Partnership chairs and coordinates the Corpus
Christi Air Quality Group. The Corpus Christi Air Quality Group is made up of
a broad representation of the community including governmental 'officials,
city staff, county staff, medical personnel, large and small business
representation, large and small facility operators, military base
representatives, TCEQ Region 14 and Small Business and Environmental
Assistance Division (SBEA) representation, universities, TxDOT, Regional
Transit Authority, and more. The Pollution Prevention Partnership recruits
representatives to participate in the air quality group on an on -going basis.
All Pollution Prevention Partnership activities are reviewed and discussed by
the group including meaningful impact of proposed efforts, workplan
development, program identification, development and delivery, partner
development, message point and venue development, etc. The group
provides input to the Pollution Prevention Partnership for program definition
and delivery for the above described activities and also receives reports from
54
the Pollution Prevention Partnership regarding implementation status of each
defined task. A copy of the contact list for the Corpus Christi Air Quality
Group is attached (Attachment B To Work Plan).
In addition to the Corpus Christi Air Quality Group, the AutoCheck program
also has an AutoCheck advisory Committee. This committee is made up of
Port Industry representatives, City staff and TCEQ Region 14 and SBEA staff.
Meetings are held on an as needed basis. Typical topics of meetings include
resources for technical assistance for AutoCheck equipment, partner sites to
host AutoCheck events, message points to promote events, proposed
audiences for AutoCheck events, and communication tools to reach the
suggested audience. A copy of the contact list for the AutoCheck Advisory
Committee is attached (Attachment C To Work Plan).
The Pollution Prevention Partnership participates in monthly meetings of the
Corpus Christi Chamber of Commerce Infrastructure Group. This group is
made up of Port of Corpus Christi representatives, industry representatives,
City staff, County staff, Chamber of Commerce representatives, TxDOT,
TCEQ, and MPO representatives. Monthly meetings discuss regional
infrastructure and transportation planning needs. Pollution Prevention
Partnership participation in the meetings include air quality impact and air
quality mitigation tools for each discussed transportation project or planned
project. A copy of the contact list for the Chamber of Commerce Committee
is attached (Attachment D To Work Plan).
The Pollution Prevention Partnership participates in monthly meetings of the
City of Corpus Christi Bicycle and Pedestrian Transportation Advisory
Committee. The group acts as an advisory to City staff including street
maintenance, traffic engineering, city zoning, and planning to encourage and
facilitate the -use of alternate modes of transportation of bicycling and
walking.
The Pollution Prevention Partnership makes presentations and seeks input
each month to one or more community groups such as Rotary, Kiwanis,
Corpus Christi Regional Economic Development Board, City of Corpus Christi
City Council, Nueces County Commissioners, Corpus Christi Community
Advisory Group, Long Term Health Group, elementary, middle and high
school students, and more. Each presentation informs the audience about air
quality status and trends, emission reduction recommendations, and access
to emission reduction programs. The presentations also include input
requests of the audience regarding understandability of information, do-
ability of recommendations, and access to emission reduction tools.
Each advisory group will be notified of postings to the Pollution Prevention
Partnership website of Pollution Prevention Partnership monthly activity
reports.
Deliverable: A section of the monthly progress report to TCEQ that includes:
55
• List of meetings attended and stakeholders present
• Copies of meeting agendas
• Copies of presentations
• Overview of issues, plans and "next- steps" discussed at meetings and
presentations
• Input received from group
Deliverable Date: The Performing Party shall document project activity on a
monthly basis through the monthly progress reports required in Task 6 of
this work plan. A final delivery of materials shall be provided no later than
August 31, 2011.
Cost: $10,000
5.2 The Performing Party shall maintain a public web site to facilitate public
access to air quality information and the technical or outreach efforts
undertaken by the Performing Party. The Performing party shall document
traffic on its website by counting the number of times the web site is "hit"
(viewed) each month.
Deliverable: The Performing Party shall produce and /or maintain a working web
site open to the general public on the internet as well as information
documenting web site traffic. The Pollution Prevention Partnership will
provide for the public, a continuously maintained and updated website. The
Pollution Prevention Partnership will design and develop the site, provide
monthly maintenance, monthly posting and updating to the site, and monthly
notifications to the community and advisory groups about website updates.
• A website located on the Texas A &M University Corpus Christi site of
www.tamucc.edu
• Monthly design, activity tracker, updates and maintenance to site
• Daily posting to site of local ozone forecast
Website will contain:
• All monthly reports to TCEQ describing all monthly activities for all tasks
• Color copies of all printed brochures or advertisements, magazines or
other publications loaded on site
• Copies of outreach /public awareness documents or presentations given to
public, civic, or private organizations loaded on site;
• Information on Pollution Prevention Partnership programs and emission
reduction recommendations for the general public loaded on site
• Information on AutoCheck events and participation opportunities loaded
on site
Deliverable Date: Continuously with monthly web traffic updates
Cost: $10,000
56
5.3 The Performing Party shall begin implementation of the Auto Check vehicle
emissions reduction program. The AutoCheck implements emission
reductions via outreach and public awareness, from a known source of ozone
precursors in Corpus Christi - mobile sources. AutoCheck is a vehicle
emissions sensing and reduction program that informs the community about
the impact their vehicle has on air quality, informs motorists if their vehicles
are polluting, and provides the tools and resources to reduce vehicle
emissions.
Mobile source emissions from vehicles are a significant contributor to ozone
precursors in Corpus Christi. In many cases, individuals do not know that
their vehicles are polluting, and they perceive emission testing as onerous
and inconvenient. AutoCheck eliminates these obstacles by providing the
resources necessary to conveniently identify a motorist's emissions, inform
them if their vehicle is polluting and assist them with repair services should
their vehicle be identified as polluting. AutoCheck will be a continuous
presence in the community through car care clinics, employer- employee
events, health fairs, science fairs, community events and other public
opportunities. Vehicle operators will be informed about the cost savings as
well as the air quality impact associated with a well- maintained vehicle.
AutoCheck tests vehicle emissions for hydrocarbons, carbon monoxide,
carbon dioxide, and nitrogen oxides. Emission testing is performed at various
community events and all events are free and open to the public. As
motorists enter an AutoCheck event, they receive information about the
clean air benefit of a well maintained vehicle. Vehicles are screened for
emissions via either a remote sensing system or tail -pipe probes. If a vehicle
is initially tested as polluting, vehicle emissions are re -read, emission levels
noted, and a voucher provided for emission causing diagnosis and repair.
Polluting vehicles will be identified and serviced or repaired to "clean"
standards by contracted garages utilizing LI mechanics. Once the vehicle is
repaired, post repair emissions are documented and recorded onto the
AutoCheck cumulative pre and post repair emissions database.
Deliverable:
AutoCheck events as feasible based on repair expenses
• List of AutoCheck events, number of cars screened, number of passing
vehicles and number of failing vehicles provided in monthly report
• Spread sheet reflecting pre and post repair emissions for each vehicle
repaired provided in monthly report
Itemized costs of repairs associated with each repaired vehicle provided in
monthly report
• Cumulative emissions reductions per year provided in monthly report
Deliverable Date: The Performing Party shall document project activity on a
monthly basis through the monthly progress reports required in Task 6 of
this work plan. A final delivery of materials shall be provided no later than
August 31, 2011.
57
Cost: $155,000
5.4 The public outreach projects will implement programs that educate the
community about air quality; including the impact individual choices have on air
quality, recommendations for alternative choices that minimize air quality impact,
and ozone action day messages. This task will be accomplished through 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, presentations to community and civic groups, and other public
presentation and outreach opportunities.
Deliverable:
• Table listing each task below, along with its associated quantity per year.
This should show the number of tasks accomplished to date, and the
number remaining per the work plan...
• 1 community -wide clean air event
6 formal media briefings about individual contributions to air quality and
emission reduction strategies
• 1 meteorologist briefing about individual contributions to air quality and
emission reduction strategies
• 6 business leader briefings about individual and business contributions to
air quality and emission reduction strategies
• Clean Air curricula delivered to K -12 teachers
• 1 clean air science fair at area high school
• 6 presentations to local business and civic groups about individual
contributions to air quality and emission reduction strategies
• A minimum of 6 television, and 6 newspaper stories 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 Day
• Copies of public presentations, audience presented to, number of people
in audience and content of presentation provided in monthly report
Deliverable Date: The Performing Party shall document project activity on a
monthly basis through the monthly progress reports required in Task 6 of
this work plan. A final delivery of materials shall be provided no later than
August 31, 2011.
Cost - $25,000
58
Task 6: Administration Activities
The Performing Party shall perform all support necessary to ensure that all grant
requirements are met and that the Work is completed in a timely manner with
sufficient quality. This may include, but is not limited to providing general
supervision for grant activities, administering sub - contracts, submitting reports and
invoices, facilitating and /or attending meetings for stakeholder groups or other
planning entities. The Performing Party shall summarize its activities in a monthly
progress report described below.
Deliverable: The progress report and monthly invoices shall document, in sufficient
technical detail and by task, the accomplishments, expenditures, and
milestones achieved during the prior thirty (30) days in monthly progress
reports. Specifically, the monthly progress report shall:
1. Summarize all activities performed by the Performing Party with respect
to each task and subtask of this work plan for the previous month;
2. Establish performance goals for each task and subtask for the month in
which the report is delivered;
3. Compare accomplishments on every task and subtask to performance
goals established the previous month;
4. Summarize reasons why performance goals were not met; and
5. Provide a preliminary estimate of costs by task and subtask for the
reporting period.
Deliverable Date: The Performing Party shall submit, via electronic mail, a monthly
progress report of its activities no later than the 10 day of each month or the
next business day if the 10 of the month falls on a weekend or holiday.
Monthly invoices should be submitted to the TCEQ monthly or as soon as
_ ... practical.
Cost: $57,329.26
U
FY 2011 Summary of Deliverables
In the event of a conflict between the deliverables or due dates shown in this table
and the deliverables or due dates described above, the deliverables and due dates
in the table prevail, except that if a deliverable is described above but is not shown
on this table, it shall nevertheless be due as described above.
Deliverable
Deliverable Date
Task 1: The Performing Party shall deliver an
June 15, 2011
updated Conceptual Model containing
analysis of monitoring and other data
through 2010.
Task 2.1: Ambient monitoring data collected
Continuously between effective
at monitoring sites described in the Fiscal
date and November 1, 2010 and
Year .(FY) 2010 work plan delivered to TCEQ's
April 15, 2011, and August 31,
LEADS.
,2011 contingent on funding
availability, or as soon as practical.
Task 2.2: New monitoring equipment
deployed at the TCEQ's direction in time to
April 1, 2011 through August 31,
monitor ozone, ozone precursors, or
2011
meteorology on a continuous basis for the
2011 ozone season.
Task 2.X:
Task 3.1: The Performing Party shall prepare
a report documenting the emissions
inventory improvement projects and
July 1, 2011
providing the information necessary to
update TCEQ modeling files.
Task 3.2: The second inventory review shall
be delivered to the TCEQ in a Microsoft Office
Word and Adobe Acrobat Reader ( *.pdf)
format. Any supporting data or information
July 15, 2011
shall be provided in like format or in a format
agreed to by the TCEQ and the Performing
Pa rty.
Task 3.3: The Performing Party shall assist
the TCEQ staff in preparing improved local
emissions inventory information for entry
August 1, 2011
photochemical modeling emissions
inventories.
,
Deliverable
Deliverable Date
Task 4: The Performing Party shall
document its photochemical modeling
activities as part of its regular monthly
progress report. The Performing Party shall
include any important analyses and results
from its inventory development and
photochemical modeling work. The
Performing Party shall provide the report in
Microsoft Office Word and Adobe Acrobat
Reader ( *.pdf) formats. Any supporting data
August 31, 2011
or information shall be provided upon
request in like format or in a format agreed
to by the TCEQ and the Performing Party.
For emission inventory and /or modeling file
improvements, the Performing Party shall
provide all "upstream" inputs in an
appropriate electronic format so that
suggested changes can be readily replicated
and incorporated by the TCEQ staff.
Task 5.1: The Performing Party shall
document its activities (including how many
stakeholders attend meetings) and meetings
Monthly
with meeting summaries and in the monthly
progress reports.
Task 5.2: The Performing Party shall produce
Continuously. Documentation of
and /or maintain a working web site open to
web site traffic shall be entered
the general public on the internet as well as
into the Performing Party's
information documenting web site traffic.
monthly progress report.
Task 5.3: The Performing Party shall begin
implementation of outreach or public
Monthly events and reports
awareness projects
Regularly planned activities and
Task 5.4: The Performing Party shall begin
implementation of outreach or public
monthly reports
awareness projects
Deliverable
Deliverable Date
Task 6: The progress report and monthly
The Performing Party shall submit,
invoices shall document, in sufficient
via electronic mail, a monthly
technical detail and by task, the
progress report of its activities no
accomplishments, expenditures, and
later than the 10th day of each
milestones achieved during the prior thirty
month or the next business day if
(30) days in monthly progress reports.
the 10th of the month fails on a
weekend or holiday. Monthly
invoices should be submitted to
the TCEQ monthly or as soon as
practical.
Annual Cost Allocation Plan Documentation
The Performing Party shall
Section 12.8.1
annually provide to the TCEQ,
copies of its current cost allocation
plans for indirect, allocated central
service, and billed central service
costs within thirty (30) days of
that plan being approved by its
cognizant agency or state
coordinating agency.
Section 12.8.2: Indirect and Allocated
October 31 of each year the grant
Central Service Costs Recovery Report for
is in force.
the Year Ending August 31
62
Attachment A To Work Plan
Task 2.2 Enhanced Monitoring Proposal
University of North Texas, Denton and Texas A &M University - icin sville
Through the City of Corpus Christi
Date: 06/24/2010
Overview
Texas A &M University - Kingsville (TAMUK) has been an active participant in air
quality assessment and planning activities in close partnership with the city of
Corpus Christi and Texas Commission on Environmental Quality (TCEQ). In
addition to the two compliance grade monitoring stations TAMUK operates six
additional research grade monitoring sites within Nueces, San Patricio and Aransas
Pass counties. Along with ambient monitoring TAMUK has been actively involved
in development of emissions inventory, photochemical modeling of ozone episodes
and evaluation of emission reductions obtained by the voluntary control measures
of the 03 Flex agreement.
Existing Monitoring Network
TAMUK has setup three additional research grade monitoring sites as an integral
part of Rider 13 (2001 - 2002). These include (1) an upwind site at the waste
water treatment plant in Aransas Pass (CAMS 659),. (2) a downwind site located at
Violet road, near Robstown (CAMS 664), and (3) an urban site at the municipal
water pumping station on Holly Road (CAMS 660), south of South Padre Island
Drive (SPID). For better assessment of air quality in San Patricio county and
regional transport of air pollution and spatial trends, three additional research
grade monitoring stations were setup by TAMUK as a part of the Supplemental
Environmental Project (SEP). These include: (1) Ingleside site (CAMS 685) -
located at water pumping station on highway 361 in between Sherwin ..Alumina
plant and DuPont /Oxyche mica I PVC production plant, Ingleside, (2) Odem site
(CAMS 686) - located in the water pumping station of San Patricio county, operated
by San Patricio municipal water district in rural location NW of Corpus Christi, (3)
Taft site (CAMS 687) - located at water pumping station in San Patricio county
operated by San Patricio municipal water district. The geographical location of the
monitoring sites is shown in Figure 1. Each of these sites is equipped with ozone
analyzer, weather sensors for continuous measurement of ozone concentrations
and meteorological parameters. The five minute averages thus measured are
transferred and made available on TCEQ's website using the Leading Environmental
Analysis and Display System (LEADS). Detailed information including the location
and equipment setup at each monitoring site are shown below in Table 1.
Additional monitoring of ozone precursors including oxides of nitrogen (NOx) was
conducted at CAMS 660 and CAMS 685 during the ozone season (April through
October). The data is downloaded every month and the analysis conducted is
provided as a part of monthly reports.
M
N
W+ E
s
CAMS 687
(Taft)
CAMS 686
(Odern)
CAMS 21
CAMS 664
(Violet)
CAMS 04
NUECES COUNTY
CAMS 660
(Holly road)
(Legend
TAMUK monitoring sites
0 TCEQ monitoring sites
CAMS 659
CAMS 685 (Aransas Pass)
(Ingleside)] f
a
0 3.757.5 1.5 Miles
i___I I f•1 f! I 1
Figure 2. Map showing the location of existing monitoring sites in the
Corpus Christi urban airshed.
64
Table 1. Ambient monitoring sites operated under RIDER 8 (FY08 -09) by the
Grant Recipient,
LOCATION
ADDRESS
EQUIPMENT (INSTRUMENTS)
STATUS
Holly Road site (CAMS
Teledyne API 400E ozone analyzer,
Ongoing
660) - Water pumping
F460 wind sensors, Coastal
station operated by the
environmental Atmospheric
City of Corpus Christi
Temperature /Relative Humidity (AT /RH)
located in the growing
sensor, Zeno 3200 data logger, and
suburbs of the south
Enfora wireless modem,
side of the City.
Thermo 42C /Ecotech 9841 NOx
analyzer
Aransas Pass site (CAMS
Teledyne API 400E ozone analyzer, RM
Ongoing
659) - Wastewater
young wind sensors, Coastal
treatment plant
environmental Atmospheric
operated by City of
Temperature /Relative Humidity (AT /RH)
Aransas Pass and in
sensor, Zeno 3200 datalogger, and
cooperation with the
Enfora wireless modem.
San Patricio Water
District. A coastal
location to the NE of
Corpus Christi.
Violet site (CAMS 664) -
Teledyne API 400E ozone analyzer, RM
Ongoing
Pumping station located
young wind sensors, Coastal
west of Corpus Christi.
environmental Atmospheric
Rural location
Temperature /Relative Humidity (AT /RH)
surrounded by open
sensor, Zeno 3200 datalogger, and
field for several miles.
Enfora wireless modem.
Odem site (CAMS 686) -
Teledyne API 400E ozone analyzer,
Ongoing
Pumping station
F460 wind sensors, Coastal
operated by San Patricio
environmental Atmospheric
Water District. Rural
Temperature /Relative Humidity (AT /RH)
location NW of Corpus
sensor, Zeno 3200 datalogger, and
Christi.
Enfora wireless modem.
Ingleside site (CAMS
Teledyne API 400E ozone analyzer, RM
0ngoing
685) - Pumping station
young wind sensors, Coastal
located in between
environmental Atmospheric
Portland and Aransas
Temperature /Relative Humidity (AT /RH)
Pass off Hwy 361. In
sensor, Zeno 3200 datalogger, and
between Sherwin
Enfora wireless modem.
Alumina plant and
Thermo 42C /Ecotech 9841 NOx
DuPont /Oxychem
analyzer
p roduction facilities.
Taft site (CAMS 687) -
Teledyne API 400E ozone analyzer, RM
Ongoing
Pumping station
young wind sensors, Coastal
operated by San Patricio
environmental Atmospheric
Water District. North of
Temperature/Relative Humidity AT /RH
M7
Corpus Christi. sensor, Zeno 3200 datalogger, and
Enfora wireless modem.
Data analysis was performed using the eight hour ozone concentrations measured
during 2008 and 2009 at the six research grade monitoring sites to study the
spatial variations in the ozone concentrations. Trend analysis performed using the
ozone concentrations measured at Aransas Pass (CAMS 659), Ingleside (CAMS
685), Odem (CAMS 686) and Taft (CAMS 687) showed concentrations with minimal
variations between the monitors. Thus, additional analysis was performed to
identify the correlation coefficient between the eight hour ozone concentrations
measured at Aransas Pass (CAMS 659) and Ingleside (CAMS 685), Odem (CAMS
686) and Taft (CAMS 687). The results of the correlation analysis are shown using
scatter plots in Figures 3 and 4. As seen in Figure 3 the correlation coefficient
between CAMS 659 and CAMS 685 was 0.94 indicating strong correlation or
duplication of ozone concentrations within the region. Figure 4 shows a similar
level of correlation (p = 0.90)between the ozone concentrations measured at
CAMS 686 and CAMS 687 indicating a duplication of information at these sites.
Thus, the ozone concentrations measured at CAMS 685 and CAMS 687 were
considered redundant.
go
r = 0.94"
� r
Q
0
M y r
V
-" 0 0
0 10 20 30 40 60 60 70 80 90
O zone concentrations measured at
CAMS 659
Figure 3. Scatter plot of eight hour ozone concentrations measured at
Aransas Pass (CALMS 559) and Ingleside (CAMS 685).
..
0
70
0
I
60
44
Ado
30
�
20
10
-
0 1 � I 1J I
r = 0.94"
� r
Q
0
M y r
V
-" 0 0
0 10 20 30 40 60 60 70 80 90
O zone concentrations measured at
CAMS 659
Figure 3. Scatter plot of eight hour ozone concentrations measured at
Aransas Pass (CALMS 559) and Ingleside (CAMS 685).
..
M
so
i 70
1
0 60
FE Nft
60.
40
30
20
as
r�
90
XC l- 3
r .
r = 0.91)
0" 1
g
0
coo
o co
0 �
0
0
0 0 �
0 o
0
0 0
0
Cs C� o
r`
a 0 00
0 10 20 30 40 so 60 70
Ozone concentrations measured at
CAMS 636
so 9
Figure 4. Scatter plot of eight hour ozone concentrations measured at
Odem (CAMS 686) and Taft (CAMS 687).
Ambient monitoring proposal for 2011
A strong correlation was observed in the ozone concentrations measured at (a)
CAMS 659 and CAMS 685, (b) CAMS 686 and CAMS 687 indicating duplication of
data. The Aransas Pass (CAMS 659) monitoring site is located upwind of Nueces
County and thus is a good representative upwind monitoring site for the
measurement of transported ozone levels associated with northerly and
northeasterly winds. Both the compliance grade monitoring stations maintained by
TCEQ and research grade monitoring sites including CAMS 660 and CAMS 664 are
located in Nueces County. Hence the monitoring site in Odem (CAMS 686) would
be a good representative rural downwind site for the measurement of ozone levels
in San Patricio county and it would serve as a downwind site to evaluate the impact
of Corpus Christi urban and industrial emissions under typical southeasterly winds
(the dominant wind direction in this region). Thus under RIDER 8_ FY2011,
monitoring sites located at Ingleside (CAMS 685) and Taft (CAMS 687) will be
decommissioned effective October 15, 2010. The geographical location of the
monitoring sites proposed for 2011 are shown in Figure 5 and the detailed
67
information on their location, equipment used, anticipated start and end dates are
shown in Table 2,
SAN PATR1CIO COUNT"
7 CAMS 666 em)
✓ "lw_
CAMS 659
(Aransas Pass)
W
p
4
NUECES COUNTY
CAMS 660
(Holly road)
r
TAMUK monitoring sites
0 TCEQ monitorings sites
Q 3.75 7,5 15 Miles
I i I I 1 I i t
Figure S. Proposed monitoring sites in the Corpus Christi Urban Airshed for
Fiscal Year 2011.
68
Table 2. Ambient Monitoring Sites to be Operated under RIDER S_FY2011
by the Grant Recipient.
LOCATION
EQUIPMENT
START DATE
END DATE
ADDRESS
INSTRUMENTS
Holly Road site
Teledyne APT 400E ozone
September 1,
November 1,
(CAMS 660) -
analyzer, F460 wind
2010
2010
Water pumping
sensors, Coastal
station operated
environmental
by the City of
Atmospheric
April 1, 2011
August 31, 2011
Corpus Christi
Temperature /Relative
located in the
Humidity (AT /RH)
growing suburbs
sensor, Zeno 3200
of the south side
datalogger, and Enfora
of the City.
wireless modem.
Aransas Pass site
Teledyne API 400E ozone
September 1,
November 1,
(CAMS 659) -
analyzer, RM young wind
2010
2010
Wastewater
sensors, Coastal
treatment plant
environmental
operated by City
Atmospheric
of Aransas Pass
Temperature /Relative
April 1, 2011
August 31, 2011
and in
Humidity (AT /RH)
cooperation with
sensor, Zeno 3200
the San Patricia
datalogger, and Enfora
Water District. A
wireless modem.
coastal location to
the NE of Corpus
Christi.
Violet site (CAMS
Teledyne API 400E ozone
September 1,
November 1,
664) - Pumping
analyzer, RM young wind
2010
2010
station located
sensors, Coastal
west of Corpus
environmental
Christi. Rural
Atmospheric
April 1, 2011
August 31, 2011
location
Temperature /Relative
surrounded by
Humidity (AT /RH)
open field for
sensor, Zeno 3200
several miles.
datalogger, and Enfora
wireless modem.
Odem site (CAMS
Teledyne API 400E ozone
686) - Pumping
analyzer, F460 wind
September 1,
November 1,
station operated
sensors, Coastal
2010
2010
by San Patricio
environmental
Water District.
Atmospheric
Rural location NW
Temperature /Relative
April 1, 2011
August 31, 2011
of Corpus Christi.
Humidity (AT /RH)
sensor, Zeno 3200
datalogger, and Enfora
69
wireless modem.
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Attachment C To Work Plan
AutoCheck Advisory Committee
Name
Affiliation
Bill Hennings
Past Chair - Corpus
Christi Air Quality Grou
James Needham
Dean, Community
Outreach
Sarah Garza
Port of Corpus Christi -
Environmental
Roger Tenna le
Flint Hills Resources
Jesse. Garcia
Cit o Refinin
David Kennebeck
TCE
Peggy Sumner
City of Corpus Christi
75
Attachment D To Work Plan
Chamber of Commerce Infrastructure Group
Name
Affiliation
Ralph Coker
Chamber of Commerce
Tom Curlee
Port Industries of Corpus Christi
Tom Niskala
MPO
Russel Lenz
TxDOT
Judy Hawley
Port of Corpus Christi
Terry Simpson
San Patricio County Judge
Loyd Neal
Nueces County Judge
Glenn Sullivan
Nueces County Engineerin
Peggy Sumner
City of Corpus Christi
Gretchen Arnold
Pollution Prevention Partnershi
Terry Arnold
Mayflower Transfer
Leah Olivarri
Transportation Plannin
John Michael
Engineering/Transportation Plannin
Rudy Garza
City of Cor us Christi
Nelda Martinez
Corpus Christi City Council member
Joe Adame
Mayor Cit of Corpus Christi
Glenda Swierc
TCEQ Region 14
Foster Edwards
Chamber of Commerce
Attachment C
Example Indirect Costs Recovery Report
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