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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. Texas Commission on City of Corpus` ' ti-Local Emergency Planning Committee Environmental Quality(TCEQ) `ming Party) AuthdrizeSignature ut orized Signature Hoyt Henry eg-4r� LMAMPrinted Name Printed Name Section Manager Ikrr ( I `t TY 11A�kl 9 P- Title ! l - Title ate Date it 4.---; ATTEST 4 a ..,/ r REBECCA HUERTA Procurements&Co acts Representative CITY SECRETARY Sergio Vasquez,CTCM,CTCDApproved as to form:__•__b_(" Printed Name //t �y '►/}J L " f /^ Date By 'Svc rt i;,r(L-c Assailant City Attarmy For Day Malmo, Ord-. (y\1 i tow-. $T LIfMCIL SECRETA_Rv/ it Texas Commission nn Page 1 of 42 C2019-159 4/09/19 - • Ord. 031735 TCEQ S('INNFfl 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 Texas Commission on Page 2 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 Special Terms and Conditions Texas Commission on Page 3 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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 Texas Commission on Page 4 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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- Texas Commission on Page 5 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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 Texas Commission on Page 6 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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 Texas Commission on Page 7 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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. Texas Commission on Page 8 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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. Texas Commission on Page 9 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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 Texas Commission on Page 10 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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; Texas Commission on Page 11 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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 Texas Commission on Page 12 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582.19-91803 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 Texas Commission on Page 13 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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. Texas Commission on Page 14 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 Scope of Work Texas Commission on Page 15 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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. Texas Commission on Page 16 of 42 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 Texas Commission on Page 17 of 42 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. Texas Commission on Page 18 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 General Terms and Conditions Texas Commission on Page 19 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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 Texas Commission on Page 20 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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 Texas Commission on Page 21 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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 Texas Commission on Page 22 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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 Texas Commission on Page 23 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582.19-91803 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; Texas Commission on Page 24 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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. Texas Commission on Page 25 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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. Texas Commission on Page 26 of 42 Environmental Quality Nueces County LEPC TCEQ Contract:582-19-91803 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