HomeMy WebLinkAboutC2019-159 - 4/9/2019 - Approved Nueces County LEPC TCEQ Contract:582.19-91803
Texas Commission on Environmental Quality
CONTRACT SIGNATURE PAGE
Contract Name: Nueces County LEPC
Contract Number. 582-19-91803
Performing Party: City of Corpus Christi-Local Emergency Planning Committee
Performing Party Identification Number: 17460005741 -034
Maximum Authorized Reimbursement: $5,000.00
Effective Date: ❑ ® Date of last signature or September 1, 2018,whichever is later
Expiration Date: ® 08/31/2019 0 Last day of Fiscal Year in which the Contract was signed
This Contract is entered under: ❑ Gov't Code ch. 771 (Interagency) ®Gov't Code ch. 791(Interlocal)
❑Water Code§ 5.229 (Intergovernmental)®Water Code g 5.124(Grant)
The Texas Commission on Environmental Quality(TCEQ),an agency of the State of Texas,and the named Performing Party,
a state agency or local government of the State of Texas,enter this agreement(Contract)to cooperatively conduct
authorized governmental functions and activities under the laws of the State of Texas.
The Parties agree as follows: (a)to be effective,the Contract must be signed by an authorized official of the TCEQ and the
Performing Party;(b)this Contract consists of all documents specified in the list of Contract Documents following this
page;and(c)as authorized by TCEQ Performing Party will conduct Contract Activities as part of its own authorized
governmental functions and TCEQ will fund Allowable Costs subject to the Texas Uniform Grant Management Standards
(UGMS)and this Contract.
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Environmental Quality(TCEQ) `ming Party)
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Texas Commission nn Page 1 of 42
C2019-159
4/09/19 -
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Ord. 031735
TCEQ
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Nueces County LEPC TCEQ Contract:582-19-91803
CONTRACT DOCUMENTS LIST
Cooperative Reimbursement Contract
for State Agencies and Local Governments
This Contract between TCEQ and Performing Party consists of the Contract Documents
listed on this page. Documents on this list include all amendments. In the event of a
conflict of terms, the Contract Documents as amended control in the descending order
of the list, subject to provisions in the Special Terms and Conditions, if any. All
Contract provisions, however, are subject to control by the latest amendment and most
specific provision and by the applicable state and federal laws, rules and regulations.
• Contract Signature Page
• Contract Documents List (this page)
• Special Terms and Conditions
• Scope of Work(Includes Cost Budget)
• General Terms and Conditions
• Notices, Project Representatives and Records Locations
• TCEQ- Approved Grant Application and Budget(incorporated by reference)
• Attachment A - Financial Status Report (FSR)
• Attachment B - Budget Revision Request (BBR)
• Attachment C - Release of Claims
• Attachment D - Performing Party Performance Evaluation
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Special Terms and Conditions
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SPECIAL TERMS AND CONDITIONS
ARTICLE 1. SPECIAL CONDITIONS
The Performing Party agrees to these Special Conditions.
ARTICLE 2. DEFINITIONS
Unless defined herein, terms in this Agreement will have their plain meaning.
The following terms have the meanings indicated.
2.1 Approved Grant Application- The grant application submitted by the
Performing Party listing the requested grant activities proposed for grant
funding, including any amendments or supplemental conditions added to the
application. The Application is used to develop the Scope of Work of this
contract. In case of conflict between the application and the Scope of Work, the
Scope of Work will take precedence.
2.2 Approved Grant Application Summary- The contract document listing the
Grant Activities from the Approved Grant Application that have been approved
for funding, also referred to in this contract as the Scope of Work.
2.3 Financial Status Report (FSR) - Form and supporting documentation
tracking overall budget compliance and documenting expenditure of grant
funds. This term may be used interchangeably with Request for
Reimbursement for projects where funds have been advanced to the
Performing Party.
2.4 Grant Activities - activities the Performing Party has agreed to perform
under this contract that are detailed in the Scope of Work.
2.5 Request for Reimbursement (RFR) - Forms and documentation required to be
submitted in order to receive reimbursement for allowable costs incurred and
paid by the Performing Party, also referred to in this contract as an "invoice".For
grants where advance payments have been provided, this term is synonymous
with Financial Status Report (FSR).
ARTICLE 3. PERFORMING PARTY'S CERTIFICATIONS.
By signing this Contract, the Performing Party certifies that the following are true
and acknowledges that the Contract may be terminated and payment may be
withheld if these certifications are inaccurate. Performing Party agrees to give
prompt written notice to the TCEQ if there is any material change in these
representations or certifications.
a. Debt to State. The Performing Party is not indebted to the state and does
not have an outstanding tax delinquency. The Performing Party understands
that the Texas Comptroller is precluded by state law from paying any
person who is indebted to the state or has a tax delinquency. The
Performing Party must comply with all state and federal tax laws and fee
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requirements and is solely responsible for filing all required state and
federal tax and fee forms.
b. Child Support Payments. The Performing Party is neither an individual nor a
business organization with an ownership interest of at least 25%by an
individual who is in arrears on child support payments. Under Texas Family
Code Section 231.006 (relating to child support), the Performing Party
certifies that the individual or business entity named in this contract is not
ineligible to receive the specified grant and acknowledges that this contract
may be terminated and payment may be withheld if this certification is
inaccurate. If the Performing Party is subject to § 231.006, prior to signing
this Contract, Performing Party must provide TCEQ the names and Social
Security numbers of each person with at least 25% ownership of the
Performing Party.
c. Nondiscrimination.The Performing Party will comply with all state and
federal statutes relating to nondiscrimination.
d. Grant Administration.The Performing Party will maintain an appropriate
grant management administration system to ensure that all terms, conditions,
and specifications of the Contract, including these certifications and
assurances, are met.
e. Contracting with a Current or Former Executive Head of a State Agency.
The Performing Party certifies that it complies with Texas Government Code
Section 669.003, relating to contracting with a current or former executive
head of a state agency. Performing Party represents that no person who is
serving or in the past four years served as an executive head of the TCEQ or
any other state agency was involved with or has any interest in this Contract,
including being an employee of the Performing Party. If the Performing Party
employs or has used the services of a current or former executive head of
TCEQ or other state agency, the Performing Party will provide the following
information to TCEQ prior to executing this Contract: Name of Former
Executive, Name of State Agency, Date of Separation from State Agency,
Position with Performing Party, and Date of Employment with Performing
Party.
f. Suspension, Debarment, and Terrorism. The Performing Party certifies that
it and its principals are eligible to participate in this Contract and have not
been subjected to suspension, debarment, or similar ineligibility determined
by any federal, state or local governmental entity, and that the Performing
Party is in compliance with the State of Texas statutes and rules relating to
procurement, and that the Performing Party is not listed on the federal
government's terrorism watch list as described in Executive Order 13224.
g. Hurricane Katrina and Other Natural Disasters.Under Section 2155.006(b)
of the Texas Government Code, a state agency may not award a grant that
includes proposed financial participation by a person who, during the five-
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year period preceding the date of the award, has been: (1) convicted of
violating a federal law in connection with a contract awarded by the federal
government for relief, recovery, or reconstruction efforts as a result of
Hurricane Rita, as defined by Section 39.459, Texas Utilities Code, Hurricane
Katrina, or any other disaster occurring after September 24, 2005; or (2)
assessed a penalty in federal civil or administrative enforcement action in
connection with a contract awarded by the federal government for relief,
recovery, or reconstruction efforts as a result of Hurricane Rita, Hurricane
Katrina, or any other disaster occurring after September 24, 2005. Under
Section 2155.006, Government Code, the vendor certifies that the Performing
Party is not ineligible to receive the specified contract and acknowledges that
this contract may be terminated and payment withheld if this certification is
inaccurate.
h. Texas Government Code Chapter 573. Performing Party must comply with
Texas Government Code Chapter 573, by ensuring that no officer, employee,
or member of the Performing Party's governing body or of the Performing
Party's contractor shall vote or confirm the employment of any person
related within the second degree of affinity or the third degree of
consanguinity to any member of the governing body or to any other officer
or employee authorized to employ or supervise such person. This
prohibition shall not prohibit the employment of a person who shall have
been continuously employed for a period of two years, or such other period
stipulated by local law, prior to the election or appointment of the officer,
employee, or governing body member related to such person in the
prohibited degree.
ARTICLE 4. ADVANCE PAYMENT
4.1 The TCEQ may provide the funds in advance of the Performing Party's incurring
anticipated costs of Contract Activities (Advance Payment).
4.2 By making Advance Payments, the TCEQ does not waive any requirements for
the reimbursement of costs. The TCEQ may at any time before or after any
advance payment request additional evidence concerning costs. The TCEQ may
audit the records of the Performing Party and may also audit the Performing
Party's performance as to any Contract activity and any other Contract
requirement.
4.3 Advance Payments are conditioned on the approval of a FSR. If the FSR does not
demonstrate Performing Party has complied with the Contract requirements, the
TCEQ may withhold approval or reject the FSR.
4.4 If the Performing Party falls behind in the schedule of the Grant Activities or fails
to utilize the amount of any Advance Payment, the TCEQ may reduce the amount of
the next Advance Payment by a comparable sum or require the return of previously
advanced funds.
4.5 All Advance Payments must be expended by May 31, 2019. Any unspent Advance
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Payment must be returned to the TCEQ within 45 days of the Contract's expiration
or upon written request by TCEQ within 30 days after receipt of notice by the
Performing Party, whichever occurs first.
4.6 Performing Party may,but is not required to, place Advanced Payments into an
interest-bearing account. If Advanced Payments are placed into an interest-bearing
account, Performing Party may apply up to one hundred dollars ($100.00) of accrued
interest towards administrative expenses. Accrued interest in excess of one hundred
dollars ($100.00) is considered program income and must be returned to TCEQ with
in the same manner as unspent Advance Payment.
ARTICLE S. ELIGIBILITY FOR COST REIMBURSEMENT
5.1. The TCEQ will reimburse the Performing Party for those costs which are
eligible for reimbursement in accordance with all requirements of this Contract.
Costs are considered eligible for reimbursement when the TCEQ in its sole
discretion, determines that the costs are the reasonable,necessary, actual, and
allowable costs of implementing the Grant Activities approved by the TCEQ. Costs
must be included in the Scope of Work to be eligible for reimbursement.
Determinations of eligibility for reimbursement are solely within the discretion of
the TCEQ.
Procurement
5.2. The requirements of the Texas Uniform Grants Management Standards
(UGMS), Part III. State Uniform Administrative Requirements for Grants, Subpart C,
Post-Award Requirements .36
Procurement, will apply within the discretion of the TCEQ.
Reasonable Costs
5.3. To be reimbursable, a cost must be reasonable. Criteria for determining
reasonableness of costs include the following:
5.3.1. Whether it is the type of cost generally recognized as ordinary and
necessary for the conduct of the Performing Party's business or the
performance of the Grant Activities;
5.3.2. Generally accepted sound business practices, competitive
procurement, arm's length bargaining, and Federal and State laws and
regulations;
5.3.3. The Performing Party's responsibilities to the TCEQ, other customers,
the owners of the business, employees, and the public at large;and
5.3.4. Any significant deviations from accepted industry-established practices.
5.4. In general, for the cost of the Performing Party's goods and services to be
reasonable, they must be procured through a competitive process in which bids,
quotes, or proposals are solicited from an adequate number of qualified suppliers.
Where competition is not feasible,UGMS _.36 permits
non- competitive procurement. For non-competitively procured items, the
reasonableness of the Performing Party's costs must be established through a price
analysis, which the Performing Party shall submit to the TCEQ upon request. A price
analysis analyzes a vendor's price in comparison to other market prices for similar
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goods and services. A price analysis should compare at least three vendors' prices.
For non- competitively procured items, the Performing Party must perform a cost
analysis analyzing the vendor's costs to produce the goods &services, which the
Performing Party shall submit to the TCEQ upon request.
Necessary Costs
5.5. Necessary costs include costs which are directly attributable to the
implementation of the Grant Activities and must be included in the original
application and the Scope of Work.
Actual Costs
5.6. The criteria for actual costs include:
5.6.1. the direct costs paid for implementing the Grant Activities;or
5.6.2. the true price charged by a vendor/contractor to the Performing Party
for implementing the Grant Activities.
5.7. Unless expressly authorized by the TCEQ actual costs do not include:
5.7.1. amounts which the Performing Party owes or agrees to pay the
vendor or contractor for any purpose other than the implementation of
Grant Activities;
5.7.2. amounts in the charges which the vendor/contractor intends to return
to the Performing Party in the form of cash, goods, services, gifts, intangibles,
discounts or any other items of value; and
5.7.3. amounts which are reimbursed by other public sources or for which
tax credits or other public financial incentives are received by the
Performing Party.
5.8. The Performing Party's and its subcontractors' documentation of expenses is
required under the General Conditions.
Allowable Costs
5.9. In order to be allowable, costs must be included in the Scope of Work, and
must satisfy the requirements of: this Contract, the UGMS, state agency rules, and
all applicable state and federal laws.
5.10. If travel costs are authorized in the Scope of Work, reimbursement of travel
costs may not exceed the amounts explained in this section.
5.10.1. Reimbursement for lodging and meals within the State of Texas
is to be equal to the rates allowed for state employees under the State of
Texas Travel Allowance Guide.
5.10.2. Reimbursement for lodging and meals when traveling outside of
the State of Texas is to be equal to the rates allowed for state employees
under the State of Texas Travel Allowance Guide and may not exceed the
maximum established in the federal General Services Administration travel
regulations.
5.10.3. Mileage reimbursement rates are also established in the State of
Texas Travel Allowance Guide.
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5.10.4. Expenses for lodging and meals are limited to only actual
expenses and must be supported by receipts to be reimbursable.
Indirect Costs
5.11. Indirect costs are not reimbursable under the terms of this Contract.
Preapproval of Costs
5.12. If the specific details of costs to be incurred under the "Travel,"
"Equipment," "Contractual," or "Other" costs categories are not already explained
in the Scope of Work, then prior to incurring those costs, the Performing Party
must submit revised forms to show those details and receive authorization from
the TCEQ for those expenses.
5.13. Upon TCEQ request, prior to signing a subcontract to be funded under this
Contract, the Performing Party must submit the subcontract to the TCEQ for review
and must receive approval from the TCEQ before entering into the subcontract.
Additional Evidence
5.14. The TCEQ may at any time before or after receiving invoices, as necessary
in its sole discretion, request additional evidence concerning costs.
Additional Criteria for Reimbursement
5.15. The TCEQ may at any time, in its sole discretion, establish additional criteria
and requirements for reimbursement of costs as serves the best interest of the
State.
Costs in Scope of Work are Maximum Amounts, Not a Guarantee
5.16. Amounts of costs stated in the Scope of Work are maximum amounts of
reimbursement. By stating the amounts, the TCEQ does not 1)guarantee payment of
those amounts or 2) waive the requirements for invoicing which must subsequently
and continually be satisfied by the Performing Party. The amount of costs for which
invoices may be submitted is the lesser of: 1) the costs stated in the Scope of Work
or 2) the actual eligible costs.
No Entitlement to Funds
5.17. The Performing Party has a continuing obligation to satisfy the requirements
for reimbursement. Neither a request for reimbursement nor the TCEQ's payment of
reimbursement nor any other action will establish an entitlement in the Performing
Party to payment from the TCEQ.
5.18. By paying a request for reimbursement or advancing funds, the TCEQ does
not waive any requirements for the reimbursement of costs. The TCEQ may at any
time before or after reimbursement, in its sole discretion, request additional
evidence concerning costs. The TCEQ may audit the records of the Performing Party
and may also audit the Performing Party's performance as to the Grant Activities,
and the Administrative Requirements.
Offsets for debts owed to the State
5.19. The TCEQ may offset against reimbursement payments, any amounts owed
by the Performing Party or its principals to the TCEQ, the State of Texas, or for
child support.
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ARTICLE 6. REQUEST FOR REIMBURSEMENT
6.1. In order to receive reimbursement for eligible expenses and document
expenditure of advanced funds, the Performing Party shall submit monthly, a
completed TCEQ Request for Reimbursement(RFR) form, to be made available to
the Performing Party by the TCEQ. The RFR shall be submitted no later than 15 days
after the end of the following month. Each RFR shall be accompanied by a properly
completed FSR for each activity for which reimbursement is requested. For a RFR
solely documenting expenditure of advanced funds and not requesting payment,
only submission of an FSR is necessary. The request and forms shall be mailed or
delivered to:
Texas Commission on Environmental
Quality ATTN: Deanna Sivek
Critical Infrastructure
Division, MC-177 Texas LEPC
Grant Program
PO Box 13087
Austin, TX 78711-3087
6.2 Performing Party may submit requests and forms electronically via email.
The scanned copies of the request, forms, and Supporting Documents in pdf
format shall be emailed to LEPCGRANTS@tceq.texas.gov and
Deanna.Sivek@tceq.texas.gov
6.3. All RFR's shall be completed on forms provided by the TCEQ. The report shall
also list and explain any additional financial incentive received by the Performing
Party that directly offsets the activity costs reported by the PERFORMING PARTY,
including tax credits or deductions, other grants, or any other public financial
assistance.
6.4. If not previously required to be submitted prior to execution of this Contract,
a properly completed Texas Application for Payee Identification Number must be
completed and submitted with the first invoice, or prior to request for advanced
funds.
6.5. A final RFR, indicating in the appropriate box that it is the final request, shall
be submitted to the TCEQ by no later fifteen(1 S) days after the date listed in Article
4.5 of the Special Terms of this Contract.
6.6. All RFR's shall contain sufficient identification of and information concerning
the costs incurred and paid so as to enable the TCEQ to ascertain the eligibility of a
particular cost and to enable subsequent audit thereof. Supporting documentation
materials, as directed by the TCEQ in the instructions accompanying the forms,
shall be attached to the report forms to clearly show that the cost was incurred and
paid.
6.7. If an RFR does not satisfactorily demonstrate the accomplishment of the
required tasks, or that costs are allowable, eligible, actual, and incurred and paid
costs, the TCEQ may reject the RFR, or FSR in the case of advanced funds, until such
time as the deficiencies have been corrected. Satisfactory accomplishment of a task
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is within the judgment of the TCEQ however, such judgment must be reasonable.
6.8. The TCEQ is not obligated to make payment until the RFR is approved by the
TCEQ. Further, the TCEQ reserves the right to suspend or withhold all or part of a
payment or all payments as authorized by the Contract.
6.9. All RFR's under this Contract shall be submitted in accordance with the
requirements set forth in this Contract. Such submittals shall contain sufficient
detail for audit thereof.
6.10. The TCEQ may at any time before or after approval of the RFR or FSR, as
necessary in its sole discretion, request additional evidence concerning costs.
6.11. The reimbursement of funds is contingent upon the Performing Party's
satisfactory adherence to the terms of this Contract. Failure to adhere to the terms
of this Contract, in particular those requirements concerning progress and financial
reporting or the documentation of reported expenditures, shall be grounds for the
TCEQ to: suspend payments pending the Performing Party's satisfactory completion,
revision, or correction of services or reports; request return of unexpended advanced
funds; or for termination of this Contract in accordance with the General Conditions
and for such other remedies as are allowed by law.
6.12. Required Forms: The Performing Party, and any subcontractor or
subrecipient if any, in order to obtain reimbursement for those expenditures
authorized under this Contract, shall submit, pursuant to the Grant Activities, a
fully completed and legible:
6.12.1.Progress Report;
6.12.2.Reimbursement Forms, including an FSR;
6.12.3.Supplemental Request for Reimbursement Form(s) for those
budget categories with expenses;and
6.12.4.Release of Claims (the PERFORMING PARTY only and only with final
RFR).
Reimbursement Forms
6.13. Request for Reimbursement: Each filed TCEQ RFR shall contain sufficient
identification of, and information concerning, the costs incurred so as to enable the
TCEQ to ascertain the eligibility of a particular expenditure and to enable
subsequent audit thereof. Each RFR shall indicate, for each budget category the
Performing Party's project expenditures for the period in question, the cumulative
expenditures with respect to each budget category, and the balance remaining in
each budget category following reimbursement of the amount being requested.
6.14. Historically Underutilized Business (HUB): The Performing Party will use its
best efforts to provide opportunities for HUBs to participate in subcontracting
under this Contract. The Performing Party must notify the TCEQ of the steps it has
taken to provide opportunities for HUBs to participate, and the extent to which HUBs
are being utilized as subcontractors under this Contract.
6.15. Required Documentation: When the Performing Party is required to attach
source documentation for a reimbursable cost that documentation shall:
6.15.1.be legible;
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6.15.2.identify the specific equipment received or the services provided;
6.15.3.clearly identify the vendor or subcontractor who provided the
equipment or services (the Performing Party shall require all subcontractors
to use the Financial Status Report forms and Request for Reimbursement
forms to file for reimbursement of services and equipment); and
6.15.4.confirm the reimbursable amount listed on the form.
The documentation shall consist of a dated invoice that shows the amount
billed to the Performing Party, any "past due" amount from previous
invoices, and explanation of services provided. The Performing Party or
subcontractor must provide any other documentation requested by the
TCEQ. Although canceled checks represent the preferred types of
documentation for purposes of this section, the Performing Party or
subcontractor may substitute/attach other records or documents that
provide the same type of information, such as issued purchase orders and/or
invoices marked "received/paid", or other evidence of payment. The
Performing Party or subcontractor 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.
6.16. Vendor or Sub-grantee Services Not Procured Using Price Competition:
Information detailing the expenses incurred shall be submitted along with an
explanation of the services provided. For any expenses (goods or services) which are
not procured using price competition, the Performing Party must perform a price or
cost analysis to determine the reasonableness of the price and maintain
documentation of such analysis which shall be produced to the TCEQ upon request.
6.17. All requests for reimbursement of expenditures that fall within either the
Personnel/Salary categories of the Scope of Work, if authorized and included, shall
be itemized by the Performing Party or subcontractor.
6.17.1.Personnel/Salary: No supporting documentation is required to be
attached invoice with respect to reported "Personnel/Salary" expenditures on
the invoice. The Performing Party or subcontractor 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.
6.18. Travel: If employee travel costs are authorized and included in the Scope of
Work, all costs listed in the invoices must be documented with information that
identifies the name of the traveler(s), dates of travel, purpose/location of travel,
costs for meals, transportation, and lodging to substantiate the reported
reimbursable costs. If TCEQ waives the requirement for submitting the following
travel documentation with the RFR, documentation which must be maintained by
the Performing Party or subcontractor and made available during an on-site
audit/monitoring visit, or upon request, for the purpose of substantiating travel-
related costs, includes the following: (1) legible copies of the Performing Party- or
subcontractor-approved travel vouchers, or other equivalent documentation, signed
by the employees who traveled; and(2) any travel-related expenses under this
Contract borne directly by the Performing Party or subcontractor(and for which
reimbursement by the Performing Party to the traveler was not required). Receipts
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should be separate and show, at a minimum, the traveler's name, the travel
location, and the travel date(s).
6.19. All FSR's with expenditures that fall within the Equipment, Supplies, Other,
Contractual, and Construction categories of the Scope of Work shall be itemized by
the Performing Party or subcontractor on the FSR. In addition, the Performing Party
or subcontractor shall attach, for each reimbursable cost listed, documentation as
specified in the Required Documentation paragraph in this section.
6.20. The TCEQ may reject requests for reimbursement that fail to demonstrate
that costs are eligible for reimbursement or which fail to conform to the
requirements of the Contract.
6.21. In determining the amount of the final payment, the TCEQ may withhold from
reimbursement the amount of any over payment and any reasonable amount until
the TCEQ is satisfied that all conditions and requirements are completed and
accepted.
6.22. All FSR's must be signed by an authorized representative of the Performing
Party.
6.23. Documentation of Project Expenses. The Performing Party shall maintain
accurate and detailed documentation to evidence the payment of expenses. The
Performing Party shall provide such documentation upon request and for any audit
purposes. This documentation shall be maintained for at least three (3) years after
the end of this Contract.
ARTICLE 7. PERFORMING PARTY'S PERFORMANCE EVALUATION
Performance evaluations are a part of the TCEQ review of the Performing Party and
may be a factor in the selection of future grants. 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 the evaluations. (Attachment
D)
ARTICLE 8. MISCELLANEOUS
8.1 General Terms and Conditions, Article 1, Section 1.2 Amendments, is replaced
in its entirety by the following:
1.2 Amendments.
1.2.1 This Contract may be amended by mutual agreement. Except as
specifically allowed by the Contract, all changes to the Contract
require a written amendment and agreement by both parties.
1.2.2 A formal Amendment to the Contract signed by authorizing
officials of both Parties is required for changes to the substantive
obligations of the Performing Party and/or TCEQ, including the
following:
1.2.2.1 Changes in the total amount of funds in the Budget or
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the Contract;
1.2.2.2 Changes to the Contract's Expiration Date;
1.2.2.3 Changes to the Scope of Work that affect TCEQ
obligations in this Contract and in other Contracts with
the funding source such as EPA, and obligations to
another state or federal agency or the Texas Legislature;
and
1.2.2.4 Changes that affect the material obligations of the
Performing Party in this Contract.
8.2 General Terms and Conditions, Article 8 is replaced in its entirety by the
following:
8. CONFLICT OF INTEREST
The Performing Party will timely notify TCEQ in writing of any actual, apparent,
or potential conflict of interest regarding the Performing Party or any related
entity or individual. No entity or individual with any actual, apparent, or
potential conflict of interest will take part in the performance of any portion of
the Scope of Work, nor have access to information regarding any portion of the
Scope of Work,without TCEQ's written consent in the form of a unilateral
amendment. The Performing Party agrees that TCEQ has sole discretion to
determine whether a conflict exists, and that a conflict of interest is grounds for
termination for cause.
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Environmental Quality
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Scope of Work
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Environmental Quality
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SCOPE OF WORK
582-19-91803
I. Facts and Purpose
The Texas Commission on Environmental Quality (TCEQ) proposes to
grant Nueces County Local Emergency Planning Committee (LEPC)
funding to purchase goods and services listed in Table 1. Approved
Purchase List to allow the LEPC to establish, maintain, and/or improve
their implementation of Emergency Planning and Community Right-to-
Know Act (EPCRA).
Purchases must be made in accordance to the application amounts and
quotes in the Approved Grant Application. Any purchases that differ
from the quotes submitted must be approved, in writing, by the TCEQ
Grant Manager prior to purchase. If this process is not followed it will be
documented on the evaluation and used during future grant rounds to
evaluate applications.
An amendment will be required if new items are added to Table 1.
Approved Purchase List. The LEPC must retain documentation of these
purchases and submit them with the quarterly Financial Status Reports
(FSR).
Table 1. Approved Purchase List
Item Item Type Item Description Amount Quantity Total
# per Item
1 Equipment ProRAE Guardian Tier 2 $475.00 2 $950.00
License
2 Other Media Buy, Cable network $5,000.00 1 5-5-,009:00
and local outlet(Partial $4,050.00
Funciing)::
Total: $5,000.00
*The total approved funding for this item is less than the amount
requested in the original grant application. The grantee agrees and
acknowledges that the remaining costs for purchase of the item in the
quantity listed are the sole responsibility of the grantee.
II. Schedule of Quarterly Reports:
During this grant round all purchases must take place between
September 1, 2018 or date of last signature (contract execution) and
May 31, 2019.
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Environmental Quality
Nueces County LEPC
TCEQ Contract 582-19-91803
• ls'Report Period: September 1, 2018 or date of last signature-
November 30, 2018 - Due by December 15th
• 2nd Report Period: December 1, 2018 - February 28, 2019 - Due by
March 15th
• 3rd and Final Report Period: March 1, 2019 - May 31, 2019 - Due by
June 15th
Once the final FSR is submitted no further reports will be required. The
final report is denoted in box six on the FSR.
All Terms and Conditions listed in this grant contract must be followed.
It is the responsibility of the grantee to adhere all grant Terms and
Conditions. This Scope of Work does not override any of the Terms and
Conditions listed in this grant contract.
III. Description of Deliverables
Grantee must initial next to each line item as indication of
understanding and agreement to complete each deliverable.
11)1()�" a. Purchase goods and services in accordance with grant
application.Any deviations must be approved, in writing, by
the TCEQ Grant Manager PRIOR to purchase.
_itd& b. Adhere to all terms and conditions listed in this contract
including the timeline listed in the "Timeline of Deliverables",
Section III.
il&_ c. Effectively communicate with the TCEQ Grant Manager
1regarding any questions, comments, issues, or deficiencies.
-`P : d. Submit FSRs in accordance with the Schedule of
Quarterly
Reports ("Timeline of Deliverables", Section III). FSRs must be
accompanied by supporting documentation including, but not
limited to,receipts, training certificates,invoices, and proof
of purchase. The TCEQ reserves the right to request FSRs
more frequently than quarterly.
9)1A1.
e. Retain all documentation associated with this grant
application and all FSRs submitted to TCEQ as part of this
contract. Documentation must be available upon request
from the TCEQ Grant Manager.
41)
k... f. Travel Expenses;All travel expenses must take place during
the purchasing period. Travel expenses can only be funded
for actual costs. No flat rate per diems will be allowed. All j
expenses charged to this grant must have itemized receipts
documenting the actual expenditures. This includes hotel,
meal, and fuel receipts. Any meal receipts without an
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Environmental Quality
Nueces County LEPC TCEQ Contact 582-19.91803
itemized list of what was actually purchased may require
additional documentation detailing what was purchased or be
denied.
6 .V)am._ g. All funds must be expended or returned to the TCEQ in
accordance with the deadlines stated within Section 4.5 of the
Special Terms and Conditions of the Contract. An extension
to the purchasing period can be approved in writing by the
TCEQ Grant Manager to the contract expiration date of
August 31, 2019.Any extension past the contract expiration
date must be done through a formal amendment.
IV. Timeline of Deliverables
a. Any changes to the approved purchase list must be approved in
writing from the TCEQ Grant Manager prior to purchase under
all circumstances.
b. Submit initial FSR to allow upfront funding:by September 30,
2018
c. First Quarter FSR Due:by December 15, 2018
d. Second Quarter FSR Due: by March 15, 2019
e. Purchasing Extension Requests Due: by May 1, 2019
f. Purchasing deadline: by May 31, 2019
g. Third Quarter, and Final, FSR Due:by June 15, 2019
h. Contract Extension Requests Due:by August 1, 2019
L Contract End Date:August 31, 2019
V. TCEQ Responsibilities/Designation of Staff
A. TCEQ responsibilities:
• Review all FSRs and request any edits necessary for approval.
• Complete a performance evaluation after the contract is closed
out.
B. Designation of staff
• Deanna Sivek, (512) 239-5074 or Deanna.Sivek@tceq.texas.gov,
will be the TCEQ Grant Manager and point of contact for this
contract. Other TCEQ staff will be available in her absence.
• Paul Groves, (512) 239-6761 or Paul.Groves@tceq.texas.gov, will
be the Contract Manager.
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Nueces County LEPC TCEQ Contract:582-19-91803
General Terms and Conditions
Texas Commission on Page 19 of 42
Environmental Quality
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GENERAL TERMS AND CONDITIONS
1. CONTRACT PERIOD
1.1. Contract Period. The Contract begins on the Effective Date and ends on the
Expiration Date as provided on the Contract Signature Page. If no Effective Date
is provided, the Effective Date of the Contract is the date of last signature. If no
Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal
Year in which the Contract is signed.
1.2. Amendments. This Contract is not subject to competitive selection
requirements and may be amended by mutual agreement. Except as specifically
allowed by the Contract, all changes to the Contract require a written
amendment and agreement by both parties.
1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration
Date for a period of up to 90 days. Unless otherwise indicated in the applicable
contract amendment, an extension does not extend any other deadlines or due
dates other than the expiration of the Contract Period.
2. FUNDS
2.1 Availability of Funds. This Contract and all claims, suits or obligations arising
under or related to this Contract are subject to the receipt and availability of
funds appropriated by the Texas Legislature for the purposes of this Contract or
the respective claim, suit or obligation, as applicable. Performing Party will
ensure that this article is included in any subcontract it awards.
2.2 Maximum Authorized Reimbursement. The total amount of funds provided by
TCEQ for the Contract will not exceed the amount of the Maximum Authorized
Reimbursement as shown on the Contract Signature Page.
2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs
must be incurred during the Contract Period and within the time limits
applicable to the funds from which the Contract is being paid. TCEQ is under
no obligation to offer deadline extensions which extend to the maximum
availability of the contract funding source.
2.4 Grants. If this Contract was entered under the TCEQ's authority to award grants,
TCEQ is providing financial assistance to the recipient to undertake its own
project.
2.5 No Debt against the State. This Contract is contingent on the continuing
appropriation of funds. This Contract shall not be construed to create debt
against the State of Texas.
3. ALLOWABLE COSTS
3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary
and reasonable Allowable Costs that are incurred and paid by the Performing
Party in performance of the Scope of Work as authorized by this Contract in the
Cost Budget or Fixed Payment Amounts.
3.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas
Uniform Grant Management Standards (UGMS) and applicable state and federal
rules and law. The parties agree that all the requirements of the UGMS apply to
this Contract, including the criteria for Allowable Costs. Additional federal
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requirements apply if this Contract is funded, in whole or in part, with federal
funds.
4. REIMBURSEMENT
4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request
reimbursement for its Allowable Costs for performing the Scope of Work.
Performing Party's invoice shall conform to all reimbursement requirements
specified by TCEQ.
4.2. Conditional Payments. Reimbursements are conditioned on the Scope of Work
being performed in compliance with the Contract. Performing Party shall return
payment to TCEQ for either overpayment or activities undertaken that are not
compliant with the Scope of Work. This does not limit or waive any other TCEQ
remedy.
4.3. No Interest for Delayed Payment. Because the Performing Party is not a vendor
of goods and services within the meaning of Texas Government Code Chapter
2251, no interest is applicable in the case of late payments.
4.4. Release of Claims. As a condition to final payment or settlement, or both, the
Performing Party shall execute and deliver to the TCEQ a release of all claims
against the TCEQ for payment under this Contract.
4.5. State agencies/Institutions of Higher education. If the Contractor is a State
agency or institution of higher education payments must be made via
interagency transaction voucher (ITV), please provide a Recurring Transaction
Index(RTI) number on the face of the invoice OR if payments are to be
deposited into a local bank account, the following statement must be placed on
the face of the invoice: "Funds to be deposited into local bank account." For
additional information, please refer to the Texas Comptroller's Accounting
Policy Statement (APS) 014.
5. FINANCIAL RECORDS, ACCESS AND AUDITS
5.1 Audit of Funds. The Performing Party understands that acceptance of funds
under this Contract acts as acceptance of the authority of the State Auditor's
Office, or any successor agency, to conduct an audit or investigation in
connection with those funds. Performing Party further agrees to fully cooperate
with the State Auditor's Office or its successor in the conduct of the audit or
investigation, including providing all records requested. Performing Party shall
ensure that this clause concerning the audit of funds accepted under this
Contract is included in any subcontract it awards.
5.2 Financial Records. Performing Party shall establish and maintain financial
records including records of costs of the Scope of Work in accordance with
generally accepted accounting practices. Upon request Performing Party shall
submit records in support of reimbursement requests. Performing Party shall
allow access during business hours to its financial records by TCEQ and other
state agencies for the purpose of inspection and audit. Financial records
regarding this contract shall be retained for a period of three (3) years after date
of submission of the final reimbursement request.
6. PERFORMING PARTY'S RESPONSIBILITIES
6.1 Performing Party's Responsibility for the Scope of Work. Performing Party
undertakes performance of the Scope of Work as its own project and does not
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act in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee.
Performing Party agrees that the Scope of Work is furnished and performed at
Performing Party's sole risk as to the means, methods, design, processes,
procedures and performance.
6.2 Independent Contractor. The parties agree that the Performing Party is an
independent contractor. Nothing in this Contract shall create an employee-
employer relationship between Performing Party and TCEQ. Nothing in this
Contract shall create a joint venture between TCEQ and the Performing Party.
6.3 Performing Party's Responsibilities for Subcontractors. All acts and
omissions of subcontractors, suppliers and other persons and organizations
performing or furnishing any of the Scope of Work under a direct or indirect
contract with Performing Party shall be considered to be the acts and omissions
of Performing Party.
6.4 No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of
its rights and powers under the Contract for the benefit of third parties.
Nothing in this Contract shall create a contractual relationship between TCEQ
and any of the Performing Party's subcontractors, suppliers or other persons or
organizations with a contractual relationship with the Performing Party.
7. TIME
7.1 Time is of the Essence. Performing Party's timely performance is a material
term of this Contract.
7.2 Delays. Where Performing Party's performance is delayed, except by Force
Majeure or act of the TCEQ TCEQ may withhold or suspend reimbursement,
terminate the Contract for cause, or enforce any of its other rights (termination
for convenience may be effected even in case of Force Majeure or act of TCEQ).
8. CONFLICT OF INTEREST
Performing Party shall have a policy governing disclosure of actual and potential conflicts of
interests. Specifically, for work performed under this Contract by Performing Party or any
related entity or individual, Performing Party shall promptly disclose in writing to TCEQ any
actual, apparent, or potential conflicts of interest, including but not limited to disclosure of:
i. Any consulting fees or other compensation paid to employees, officers, agents of
Performing Party, or members of their immediate families, or paid by subcontractor
or subrecipients; or
ii. Any organizational conflicts of interest between Performing Party and its
subcontractors or subrecipients under a subaward.
No entity or individual with any actual, apparent, or potential conflict of interest will take
part in the performance of any portion of the Scope of Work, nor have access to information
regarding any portion of the Scope of Work, without TCEQ's written consent in the form of a
unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine
whether a conflict exists, and that a conflict of interest is grounds for termination of this
Contract.
9. DATA AND QUALITY
9.1 Quality and Acceptance. All work performed under this Contract must be
complete and satisfactory in the reasonable judgment of the TCEQ. All
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materials and equipment shall be handled in accordance with instructions of the
applicable supplier, except as otherwise provided in the Contract.
9.2 Quality Assurance. All work performed under this Contract that involves the
acquisition of environmental data will be performed in accordance with a TCEQ-
approved Quality Assurance Project Plan(QAPP) meeting all applicable TCEQ
and EPA requirements. Environmental data includes any measurements or
information that describe environmental processes, location, conditions,
ecological or health effects and consequences. Environmental data includes
information collected directly from measurements, produced from models, and
compiled from other sources such as databases or literature. No data collection
or other work covered by this requirement will be implemented prior to
Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the
EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may
refuse reimbursement for any environmental data acquisition performed prior
to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without
prejudice to any other remedies available to TCEQ Performing Party's failure to
meet the terms of the QAPP may result in TCEQ's suspension of associated
activities and non-reimbursement of expenses related to the associated
activities.
9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this
Contract must be prepared by a laboratory that is accredited by TCEQ according
to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ
agrees in writing to allow one of the regulatory exceptions specified in 30 Texas
Administrative Code Section 25.6.
10.INTFI.I.FCTUAL PROPERTY
10.1. Third Party Intellectual Property. Unless specifically modified in an
amendment or waived in a unilateral amendment, Performing Party must obtain
all intellectual property licenses expressly required in the Scope of Work, or
incident to the use or possession of any deliverable under the Contract.
Performing Party shall obtain and furnish to TCEQ: documentation on the use
of such intellectual property, and a perpetual, irrevocable, enterprise-wide
license to reproduce, publish, otherwise use, or modify such intellectual
property and associated user documentation, and to authorize others to
reproduce, publish, otherwise use, or modify such intellectual property for
TCEQ non-commercial purposes, and other purposes of the State of Texas.
10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual,
irrevocable, enterprise-wide license to reproduce, publish, modify or otherwise
use for any non-commercial TCEQ purpose any preexisting intellectual property
belonging to the Performing Party that is incorporated into any new works
created as part of the Scope of Work, intellectual property created under this
Contract, and associated user documentation.
11.INSURANCE AND INDEMNIFICATION
11.1 Insurance. Unless prohibited by law, the Performing Party shall require its
contractors to obtain and maintain during the Contract Period adequate
insurance coverage sufficient to protect the Performing Party and the TCEQ
from all claims and liability for injury to persons and for damage to property
arising from the Contract. Unless specifically waived by the TCEQ sufficient
coverage shall include Workers Compensation and Employer's Liability
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Environmental Quality
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Insurance, Commercial Automobile Liability Insurance, and Commercial General
Liability Insurance.
11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING
PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT
ACTIVIIIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS,
AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES,
AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF
CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS,
SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN,
WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT,
TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS,
REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ
SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY
GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE
TERMINATION OF THE CONTRACT.
12.TERMINATION
12.1 Termination for Cause. TCEQ may, upon providing 10 days' written notice and
the opportunity to cure to the Performing Party, terminate this Contract for
cause if Performing Party materially fails to comply with the Contract including
any one or more of the following acts or omissions: nonconforming work, or
existence of a conflict of interest. Termination for cause does not prejudice
TCEQ's other remedies authorized by this Contract or by law.
12.2 Termination for Convenience. TCEQ may, upon providing 10 days' written
notice to the Performing Party, terminate this Contract for convenience.
Termination shall not prejudice any other right or remedy of TCEQ or the
Performing Party. Performing Party may request reimbursement for:
conforming work and timely, reasonable costs directly attributable to
termination. Performing Party shall not be paid for: work not performed, loss
of anticipated profits or revenue, consequential damages or other economic loss
arising out of or resulting from the termination.
12.3 If, after termination for cause by TCEQ it is determined that the Performing
Party had not materially failed to comply with the Contract, the termination
shall be deemed to have been for the convenience of TCEQ.
13.DISPUTES, CLAIMS AND REMEDIES
13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission
other than an explicit written release, in the form of a unilateral amendment,
constitutes a release of Performing Party from liability under this Contract.
13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas
Government Code Chapter 2261 the following Schedule of Remedies applies to
this Contract. In the event of Performing Party's nonconformance, TCEQ may
do one or more of the following:
13.2.1. Issue notice of nonconforming performance;
13.2.2. Reject nonconforming performance and request corrections without charge
to the TCEQ;
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13.2.3. Reject a reimbursement request or suspend further payments, or both,
pending accepted revision of the nonconformity;
13.2.4. Suspend all or part of the Contract Activities or payments, or both, pending
accepted revision of the nonconformity;
13.2.5. Demand restitution and recover previous payments where performance is
subsequently determined nonconforming;
13.2.6. Terminate the contract without further obligation for pending or further
payment by the TCEQ and receive restitution of previous payments.
13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity
to cure its nonconforming performance, if possible under the circumstances.
13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy
under this Contract or applicable law does not preclude or limit the exercise of
any other remedy available under this Contract or applicable law.
14.SOVEREIGN IMMUNITY
The parties agree that this Contract does not waive any sovereign immunity to which either
party is entitled by law.
15. SURVIVAL OF OBLIGATIONS.
Except where a different period is specified in this Contract or applicable law, all
representations, indemnifications, and warranties made in, required by or given in
accordance with the Contract, as well as all continuing obligations indicated in the Contract,
survive for four(4) years beyond the termination or completion of the Contract, or until four
(4) years after the end of a related proceeding. A related proceeding includes any litigation,
legal proceeding, permit application, or State Office of Administrative Hearings proceeding,
which is brought in relation to the Contract or which in TCEQ's opinion is related to the
subject matter of the Contract. Either party shall notify the other of any related proceeding if
notice of the proceeding has not been provided directly to that other party.
16.CONTRACT INTERPRETATION
16.1 Definitions. The word "include" and all forms such as "including" mean
"including but not limited to" in the Contract and in documents issued in
accordance with the Contract, such as Work Orders or Proposals for Grant
Activities (PGAs).
16.2 Headings. The headings of the sections contained in this Contract are for
convenience only and do not control or affect the meaning or construction of
any provision of this Contract.
16.3 Delivery of Notice. Notices are deemed to be delivered three (3) working days
after postmarked if sent by U.S. Postal Service certified or registered mail,
return receipt requested. Notices delivered by other means are deemed
delivered upon receipt by the addressee. Routine communications may be made
by first class mail, facsimile transmission, email, or other commercially
accepted means.
16.4 Interpretation of Time. All days are calendar days unless stated otherwise.
Days are counted to exclude the first and include the last day of a period. If the
last day of the period is a Saturday or Sunday or a state or federal holiday, it is
omitted from the computation.
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Environmental Quality
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16.5 State, Federal Law. This Contract is governed by, and interpreted under the
laws of the State of Texas, as well as applicable federal law.
16.6 Severability. If any provision of this Contract is found by any court, tribunal or
administrative body of competent jurisdiction to be wholly or partly illegal,
invalid, void or unenforceable, it shall be deemed severable (to the extent of
such illegality, invalidity or unenforceability) and the remaining part of the
provision and the rest of the provisions of this Contract shall continue in full
force and effect. If possible, the severed provision shall be deemed to have been
replaced by a valid provision having as near an effect to that intended by the
severed provision as will be legal and enforceable.
16.7 Assignment. No delegation of the obligations, rights, or interests in the
Contract, and no assignment of payments by Performing Party will be binding
on TCEQ without its written consent, except as restricted by law. No
assignment will release or discharge the Performing Party from any duty or
responsibility under the Contract.
16.8 Venue. Performing Party agrees that the Contract is being performed in Travis
County, Texas, because this Contract has been performed or administered, or
both, in Travis County, Texas. The Performing Party agrees that any cause of
action involving this Contract arises solely in Travis County, Texas.
16.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to the
publication or advertisement of information related to this Contract.
Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an
advertisement or endorsement without written permission signed by the
appropriate TCEQ authority.
16.10 Waiver. With the exception of an express, written waiver in the form of a
unilateral amendment signed by TCEQ no act or omission will constitute a
waiver or release of Performing Party's obligation to perform conforming
Contract Activities. No waiver on one occasion, whether expressed or implied,
shall be construed as a waiver on any other occasion.
16.11 Compliance with Laws. TCEQ relies on Performing Party to perform all
Contract Activities in conformity with all applicable laws, regulations, and rules
and obtain all necessary permits and licenses.
16.12 Counterparts. This Contract may be signed in any number of copies. Each copy
when signed is deemed an original and each copy constitutes one and the same
Contract.
16.13 Accessibility. All electronic content and documents created as deliverables
under this Contract must meet the accessibility standards prescribed in 1 Texas
Administrative Code sections 206.50 and 213 for state agency web pages, web
content, software, and hardware, unless TCEQ agrees that exceptions or
exemptions apply.
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Notices, Representatives,
and Records Locations
Texas Commission on Page 27 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract 582-19-91803
NOTICES,REPRESENTATIVES,AND RECORDS LOCATION
Contract Number:582-1q-91803 Contract Name:Nueces County LEPC
1. Representatives.The individual(s)named below are the representatives of TCEQ and Contractor.They are authorized to
give and receive communications and directions on behalf of the TCEQ and Contractor as indicated below.All
communications including official contract notices must be addressed to the appropriate representative or his or her
designee.
2. Changes in Representatives.Either party may change its representatives by unilateral amendment.
3. TCEQ Representatives.
TCEQ CONTRACT MANAGER TCEQ PROJECT MANAGER
(for Contractual Matters) (For Homeland Security)
Paul Groves
Michelle Havelka.Manager
Contract Specialist 177 Homeland Security Section 177
(title) (Mail Code) (Title) (Mail Code)
Texas Commission on Environmental Quality Texas Commission on Environmental Quality
P.O.Box 13087 P.O.Box 13087
Austin,Texas 787u-3087 Austin,Texas 78711-3087
Telephone No.:(512)239-6761 Telephone No.:(512)239-3134
Farcimile No.:(512)239-0404 Facsimile No.:(512)239-0404
Paul.Groves@tceq.texas.gov
Michelle.Havelka@tceq.texas.gov
TCEQ PROJECT MANAGER
Deanna Sivek
Grant Manager 177
('title) (Mail Code)
Texas Commission on Environmental Quality
P.O.Box 13087
Austin,Texas 78711-3087
Telephone No.:(512)239-5074
Facsimile No.:(512)239-0404
Deanna.Sivek@tceq.texas.gov
4. Contractor Representatives.
For Contractual Matters: For Technical Matters:
)0oLvNSaS,& inaysINe saise.
(Name) (Name)
•
Cour dl na{-br (LEPc) 0,v04vNaor (_ LE-PC)
(Title) (Title) Zyd6 t & A- Zo D
Z�O Ip �toP�,r�. S�'P.Q� 41-Lob �
(City) (State) (Zip Code) (City) i (State) (Zip Code)
Telephone No.: a' 212 3 " Telephone No.: aGuv- 2P t
Facsimile No.: . (� Facsimile No.: ( l
Texas Commission on Page 28 of 42
Environmental Quality
•
Nueces County LEPC TCEQ Contract 582-19-91803
Responsible Party for submitting Financial Status List of Authorized Officials(please print or type):
Reports:
/ Amendments:kAkt
(Signature) •`� , i Jot Avm., t1.11eix.e,
ttM1• i1 .Q/ WQ. Q,y1i�.(Name) Q M1/w1.t.
C0(?(F-bAd-or
rThle
' Z40(o t0 ard. ad- KZd 0 Budget Revisions:
'ttm i gg0v , 52i
(Citi) (State)f_ (Zip Code)
Telephone No.: •'1)'11): 6 D
Farcimite No.: ,i , :' sZa
5. Invoice Submittal.Invoices must be submitted to the TCEQ Grant Manager.
6. Designated Location for Records Access and Review.Contractor designates the physical location indicated
below for record access and review pursuant to any applicable provision of this contract:
2 0(o [Qopva sk-t -, Si 1-e-42oo
(Physical Location Address Line i)
(Physical Location Address Line 2)
C1 IT* I K
(City),(State)(Zip Code)
Teams Commission Oa Page 29 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
Attachment A.
Financial Status Report
Texas Commission on Page 30 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
Texas Commission on Environmental Quality
(Instructional Use Only) FINANCIAL STATUS REPORT (Instructional Use Only)
1 STATE AGENCY ORGANIZATION UNIT TO TCEQ
WHICH REPORT IS SUBMITTED:
2. GRANT/CONTRACT NAME:
See page one of your contract
3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION(NAME AND COMPLETE ADDRESS,INCLUDING
ZIP CODE):
See page one of your contract This address must match the address from the AP 152—Application for Texas
5. TCEQ CONTRACT NUMBER: Identification Number form that was submitted for this grant.
See page one of your contract
6. FINAL REPORT:(Select one) YES NO
7. ACCOUNTING BASIS:(Select one) CASH ACCRUAL
8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT:
FROM See page one of your contract TO See page one of FROM Report Start Date TO Report End Date
your contract
10. Item Description: Approved Project Cost Cumulative Balance**
Budget This Report Project Cost
List every item from Table 1 in your Scope ofApplication Total($)Total amount spentTotal amount spenbAmount remaining
Work(even if you have not purchased it yet) during the reportingion the grant to dateon the line item
period(box 9)($) ($) Approved Budget
minus Cumulative
Project Cost)
Total:
*List(Itemize)on the appropriate supplemental form all component expenses comprising the total for each of these categories.
Please attach receipts,as required,in accordance with your contract.
**Negative balances are not allowed.If there is a negative balance a Budget Revision Request must be completed.Negative balances are not
justification for a late Financial Status Reports.
11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated
obligations are for the purposes set forth in the award document.
Only personnel authorized to sign for budget documentation may sign.
Signature of Authorized Certifying Official
Signer name and title
Typed or Printed Name and Title
Signers telephone number The date this document was signed
Telephone(Area code,number and ext.) Date Submitted
Texas Commission on Page 31 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
ITEMIZATION OF ALL COSTS
ALL PURCHASES (during this report period) (Instructional Use Only)
NUMBER ITEM DESCRIPTION UNIT TOTAL •
PURCHASED (Should match description provided for approval) COST COST
All expenditures during the reporting period must be listed here.
If there were no expenditures during the reporting period this
report can be left blank.
[TOTAL EQUIPMENT EXPENDITURES $
•LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED
ITEM OR EXPENDITURE.
*LEGIBLE PROOFS OF POURCHASE MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.This includes
zero-dollar balance invoices,invoices with a"PAID'stamp and payment date written in,or copies of cancelled
checks.
* SUBSTANTIATING DOCUMENTATION(time sheets,travel receipts,etc.)MAY BE REQUIRED TO BE
ATTACHED TO THIS FORM
Texas Commission on Page 32 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
Texas Commission on Environmental Quality
FINANCIAL STATUS REPORT
1 STATE AGENCY ORGANIZATION UNIT TCEQ
TO WHICH REPORT IS SUBMITTED:
2. GRANT/CONTRACT TITLE:
3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION(NAME AND COMPLETE ADDRESS,INCLUDING
ZIP CODE):
5. TCEQ CONTRACT NUMBER:
6. FINAL REPORT: YES NO
7. ACCOUNTING BASIS: CASH ACCRUAL
8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT:
FROM TO FROM TO
10. Item Description: Approved Project Cost Cumulative Balance**
Budget This Report Project Cost
5
Total:
*List(Itemize)on the appropriate supplemental form all component expenses comprising the total for each of these categories.
Please attach invoices and proofs of payment in accordance with your contract.
**Negative balances are not allowed.If there is a negative balance a Budget Revision must be completed.Negative balances are not justification for a
late financial Status Report.
11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated
obligations are for the purposes set forth in the award document.
Signature of Authorized Certifying Official
Typed or Printed Name and Title
Telephone(Area code,number and ext.) Date Submitted
Texas Commission on Page 33 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
ITEMIZATION OF ALL COSTS
ALL PURCHASES (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL I
PURCHASED (Should match description provided for approval) COST COST
TOTAL EQUIPMENT EXPENDITURES $ I
LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED
ITEM OR EXPENDITURE.
'LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
* SUBSTANTIATING DOCUMENTATION(time sheets,etc.)MAY BE REQUIRED TO BE ATTACHED TO THIS
FORM
Texas Commission on Page 34 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
Attachment B:
Budget Revision Request
Texas Commission on Page 35 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
BUDGET REVISION REQUEST FORM
Purpose: For TCEQ review and approval of recipient organization proposed budget changes to ensure project deliverables
are met and fiscal accountability.Prior TCEQ review and approval is required before incurring specific costs which would
result in cumulative transfers of 10%or more of total budget.
Instructions:Fill in each line item from your grant contract as shown in your Scope of Work.If this document does not have
enough room for all the line items,please request a customized form from the Grant Manager.
1.Recipient Organization(Name&Complete Address Including Zip Code):
2.Grant/Contract Title: 3.Payee Identification No.:
4.TCEQ Contract No.: 5.Total Project/Grant Period:
6.Item Description: 7.Approved Budget 8.Change Requested(+or-) 9.New or Revised Budget
Total:
Justification(Attach additional sheets,if necessary):
***Budget Revision Request must contain both the TCEQ Grant Manager and TCEQ Contract Manager signatures to be
valid.***
Signature of Authorized Representative Date Type or Printed Name and Title
Signature of TCEQ Grant Manager Date Type or Printed Name and Title
Signature of TCEQ Contract Manager Date Type or Printed Name and Title
Texas Commission on Page 36 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
Attachment C:
Release of Claims
(Must be returned with last invoice per General Term and Condition Section 4.4)
Texas Commission on Page 37 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Conditional Final Waiver and Release of Claims
Upon receipt and clearance of payment from the Texas Commission on
Environmental Quality(TCEQ) in the sum of$ ,which constitutes final
payment to City of Corpus Christi-Local Emergency Planning Committee(hereinafter
referred to as"Performing Party"), Performing Party and its successors and assigns,
release,discharge and relinquish the TCEQ, its officers, agents, and employees from all
claims, known or unknown,arising out of or relating to TCEQ Contract Number
582-19-91803 (Contract).
It is expressly agreed and understood that this conditional FINAL waiver and
release of all claims is effective, without any further action of any party,only upon
clearance of final payment to Performing Party in the above-mentioned amount.
Performing Party warrants that it has completed all activities described in the Contract.
Executed on this day of , 20
By:
(signature)
(name)
(title)
Texas Commission on Page 38 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
Attachment D:
Performing Party's Performing
Evaluation Form
Texas Commission on Page 39 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
PERFORMING PARTY'S PERFORMANCE EVALUATION REPORT
LI Final Report(Check only if the Agreement has ended and this is the last Performance Report)
Contract Name:
Grantee: Contract Number:
Performing Party Identification Number: Date of Last Report:
Contract Start Date: Contract End Date:
Brief Description of Work/Services(optional):
Performance Category Ratings Comments
Exceeds Satisfactory Marginal Unsatisfactory Please provide a narrative
Expectations Performance Performance Performance description for ratings of one or
Score=3 Score=2 Score=i Score=o below(attachments are acceptable.)
Quality&Accuracy
Timeliness
Reports
Communication
Other(describe)
XXX
Evaluator's Name: Signature:
(Printed or Typed)
Division: Section:
XXX Requires an attachment describing category and rating description which corresponds.
Note:Please see reverse side for specific definitions for each performance category and an explanation for each score.
Texas Commission on Page 40 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582.19.91803
PERFORMING PARTY'S PERFORMANCE EVALUATION REPORT-Category Descriptions
PERFORMANCE EXCEEDS SATISFACTORY MARGINAL UNSATISFACTORY
CATEGORY EXPECTATIONS PERFORMANCE PERFORMANCE PERFORMANCE
(Score=3) (Score=2) (Score=1) (Score=o)
1. Qualityiand Accuracy Work product always,with Work product of Work product is Work product not
Quality,sufficiency,and rare exceptions,of satisfactory quality with acceptable,although many acceptable or of very low
accuracy of contract required excellent quality. only typical errors and errors and/or omissions quality,with many errors
work,including contract Revisions rarely or never omissions,which were had to be corrected prior and omissions noted. Not
required notifications,, required. corrected upon request. to product being all errors and omissions
financial reports,invoices, acceptable. corrected.
proof of payments and other
required documents.
2.Timeliness with respect All tasks and contract Some intermediate task Some major work Required work product not
to completing contract deliverables on time or delays,not expected to performance delays caused completed on time,due to
required work and/or work ahead of schedule. Quality cause major deadlines to (or expected to cause) factors that should have
related tasks,including work of work did not suffer as a be missed or to require delivery schedules to be been under contractor's
performed by subcontractors result of the time line. contract extension. Prior missed. control.
approval granted for any
other delays.
3. Reports Accuracy, All reports accurate and Reports satisfactory with Numerous errors and/or Reports consistently of
adequacy,and timeliness of complete,as well as on respect to both quality and omissions corrected prior poor quality and/or late.
contract required time. No rewrites or timeliness.Contractor to reports being acceptable Contents inadequate to
notifications,financial additional information responded quickly and (or reminders of reports permit interpretation or
reports,invoices,proof of required. appropriately to questions due were required to be analysis. Reports more
payments and other required or comments raised. sent). Reports not later than 5 working days late.
documents. than 5 working days.
4. Communication Contractor consistently Contractor is usually Contractor is only Not flexible to changes in
Contractor's accessibility, maintains excellent flexible and responsive to intermittently responsive circumstances or scope of
responsiveness,and communication with the changes in circumstances to changes in work. Not cooperative or
cooperativeness with respect TCEQ Grant Manager and or scope of work. circumstances or scope of accessible.
to any contract related is responsive to changes in work.
concerns communicated by circumstances or scope of
the TCEQ Grant Manager. work.
Texas Commission on Page 41 of 42
Environmental Quality
Nueces County LEPC TCEQ Contract:582-19-91803
5.Other DESCRIBE DESCRIBE DESCRIBE DESCRIBE DESCRIBE
Texas Commission on Page 42 of 42
Environmental Quality