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HomeMy WebLinkAboutC2011-298 - 8/23/2011 - ApprovedGrant Agreement 882 -11 -11223 Texas Commission on Environmental Quality Grant Agreement for Air Quality Planning Grant Amendment � Signature Page Grant No. 582-11 -11223 f s Y 4 Amendment 2 " Grant A Bement Name: Cor us Christi Rider 8 Agreement Chant Aveement Number: 582 -11 -11223 Performing P ": City of Corpus Christi Performing rming P Identification Number: 174600057411 Maximum TCEQ Obligation, 13ffeotive Date: Date of Last $61&922.25 1 Signature Expiration Date: 08 / 3 1/2012 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, another State, amend this Agreement (Grant Agreement) to cooperatively conduct authorized governmental functions an d activities under the laws of the State of Texas. The parties agree: the amendment must be, signed by an authorized party of the TCEQ and the Performing Party; as authorized by TCEQ, Performing Party will conduct Grant Agreement Activities as park of its own authorized governmental functions, and TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Mana meat Standards and this Grant AgToment. Parties to the Grant Agreement Amendment Texas Commission on Environtnentaf li TCE Q) City of Corpus Christi Performing P By (Whorized signature) -Amo� C - R4UJ Printed Name Zak Covar onald L Olsen Title Deputy ecuti Director City Mana er Date of Signature Y7.56/ I t Grant Agreement Manager Nance Leigh Ann Brunson, Grant ' Mana r Contact Phone Number 5.12 239 -1903 Procurement and Contract's Representative &am W� v Printed Name ftDrkoorab w n, CTPM, CM Date. E - r I A ZVI I �MIIp.�tlMMYMIlMMRkIM SECRETARY. 2011 -298 Res. 029167 08123,'11 T.C.E.Q. Page l of 5 AppoW 9S to f0M F Istant City e For Clty Attorney INDEXED Grant Agreement 582 -11 -11223 Amendment 2 GRANT AGREEMENT NUMBER 582 -11 -11223 AMENDMENT OF THE GRANT AGREEMENT BETWEEN THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE CITY OF CORPUS CHRISTI AMENDMENT NUMBER 2 The Texas Commission on Environmental Quality (TCEQ) and the City of Corpus Christi (Performing Party) agree to amend the Grant Agreement 582 -11 -11223 in accordance with general authority to enter the underlying grant agreement, Article 12.5, and Article 21, as follows: 1. Article 1 WORK Add the following at the end of Article 1.1: "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 $3,537,500 for the biennium beginning on September 1, 2011 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 be carried out through interlocal agreements or contracts and may include: identifying, inventorying, and monitoring of pollution levels; modeling pollution levels; and the identification, quantification, and implementation of appropriate locally enforceable 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." 2. Maximum TCEQ Obligation (Maximum Amount Available for Reimbursement) The maximum TCEQ obligation (maximum amount available for reimbursement) under this grant is revised to: $612,922.25. 3. Article 1.3 WORK PLAN The first sentence of Article 1.3 is revised to read: "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 Party agrees to complete by August 31, 2012 and all individual tasks shall be completed on or before August 1, 2012." 4. Article 1.4 Page 2 of S. Grant Agreement 582 -11 -11223 Amendment 2 Article 1.4 is amended to read: "Unless prior written approval of the TCEQ is obtained, all routine monitoring data that will be sent to the TCEQ's Leading Environmental Analysis Display System (LEADS) system. or Texas Air Monitoring Information System (TAMIS) must be collected using the TCEQ standard procedures, where they exist, as the minimum specification for the Work. Existing standards or procedures are available from the TCEQ Field Operations Support Division. If you require any assistance in locating this information, please contact your project representative." 5. ARTICLE 2. REIMBURSEMENT, CONTRACT /GRANT AGREEMENT AMOUNT Article 2.3 is amended to read: "The maximum amount of reimbursement to be provided by TCEQ for the completion of the Work shall not exceed $612,922.25 during the 2011 and 2012 fiscal years unless the parties amend this amount in accordance with the Grant Agreement Documents, The TCEQ shall not reimburse the Performing Party for any expenses not a part of the approved work plan (Attachment B)." b. Article 3 TERM OF GRANT AGREEMENT Article 3.1 is amended to read: "This agreement shall commence on the last date of signature by the parties and shall terminate on August 31, 2012. 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, 2012, as necessary, in order to allow completion of the Work." 7. Article 12 REIMBURSEMENT OF COSTS AND THE PAYMENT PROCESS Add the following at the end of Article 12: "Release of Claims 1 2.34 As a condition to final payment or settlement, Performing Party shall complete and deliver to TCEQ a release of all claims against the TCEQ with the final invoice under this Grant Agreement. Performing Party shall use the form provided under Attachment D for the Release of Claims." Page 3 of 5 Grant Agreement 582 -11 -11223 ATTACHMENT D Amendment 2 Page 4 of 5 M, 1 R • . . 4 Grant Agreement 582 -11 -11223 Amendment 2 TBXAS COMMISSION ON ENVIRONMENTAL QUALff1+' Release of Claims The City of Corpus Christi hereby releases the Texas Commission on Environmental Quality (TCEQ), its officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ Contract Number 552 -11- 11223. The amount remaining to be released is Further certifies that all subcontractors, suppliers, employees and any party which has performed or provided service for this contract have been paid in full and satisfied. All services and taslts required to be completed under the referenced contract have been completed. Prompt payment, therefore, of the attached invoice, including any and all funds which may have been "retained" by TCEQ in accordance with said contract, is requested. Executed on this day of — , 20 By: (sigriature) (name, typed orprinted) (title) Contract 582 -11 -1122 M~ Beginning Balance $$12,922,25 Ex enses Reimbursed b y TCE ltenaa Bal ance Being Released TCF.Q -20349 (07 ^26-07) Page i 0f i Page 5of5