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17-R-20 Agreement with he Texas Commission on Environmental Quality to accept 89,263.92 GrantRESOLUTION NO. 17 -R -20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) TO ACCEPT A GRANT IN THE AMOUNT UP TO $89,263.92 . WHEREAS, the Texas Commission on Environmental Quality (TCEQ) has grant funds in the amount up to $89,263.92 available from the 2016 Local Emergency Planning Committee (LEPC) Grant Program: and WHEREAS, the purpose of the 2016 LEPC Grant Program is to enhance the ability of governments to prevent, respond to, and recover from acts of terrorism and natural disasters; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City Council authorize the acceptance of the grant with TCEQ through the LEPC Grant Program relating to Hazmat Equipment for Schertz Fire Department; and WHEREAS, no matching contribution is required by City; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the grant with TCEQ through the LEPC Grant Program to fund this equipment as detailed in Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the acceptance of the Texas Commission on Environmental Quality (TCEQ) grant through the Local Emergency Planning Committee (LEPC) Grant Program, for the equipment as described in Exhibit A not to exceed an amount of $89,263.92 with no matching funds required by City, and authorizes the City Manager or his designee to take all actions necessary in connection with the acceptance of the Grant including, but not limited to, executing the Grant Agreement Exhibit B). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 28th day of March, 2017. CITY OF SIE'Z, TEXAS R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A EQUIPMENT 50459012.1 A -1 Texas Commission on Environmental Quality (TCEQ) Local Emergency Planning Committee (LEPC) Grant Program CONTRACT SIGNATURE PAGE Contract Name: Guadalupe County LEPC Contract Number: 582 -17 -71531 Performing Party: City of Schertz Performing Party Identification Number: 17414693444 Maximum Authorized Reimbursement: $89,263.92 Effective Date: ❑ ® Date of last signature Expiration Date: ® 12/31/2017 ❑ Last day of Fiscal Year in which the Contract was signed ❑ If checked, this Contract requires matching funds. Match Requirement: ❑ If checked, this Contract is funded with federal funds. CFDA Number: Federal Grant Number: This Contract is entered under: ❑ Gov't Code ch. 771 ❑ Gov't Code ch. 791 ® Water Code § 5.124 The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party, 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) TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards (UGMS) and this Contract. TCEQ By: Authorized Signature Kelly Cook Printed Name Director, Critical Infrastructure Division Title Date Procurements & Contracts Representative Arthur L. French, CTCM, CTPM Printed Name Date City of Schertz By: Authorized Signature Printed Name Title Date TEXAS COMMISSION ON Page 1 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 CONTRACT DOCUMENTS LIST This Contract between TCEQ and the 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 (incorporated by reference) • Attachment A — Financial Status Report (FSR) • Attachment B — Release of Claims • Attachment C — Budget Revision Request (BRR) • Attachment D — Performing Party Performance Evaluation TEXAS COMMISSION ON Page 2 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 Special Terms and Conditions TEXAS COMMISSION ON Page 3 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 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. Term may be used interchangeable 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. 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 maybe 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 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 maybe 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. TEXAS COMMISSION ON Page 4 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 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. 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 -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. 4.2 By paying 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 Parry 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 Financial Status Report (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 advanced funds must be expended by December 31, 2017. Upon submission and approval of the final FSR, any remaining unobligated Advance Payment must be returned to the TCEQ .by February 15, 2018, unless retention of funds is authorized by the TCEQ. Upon written notice by the TCEQ, any unspent TEXAS COMMISSION ON Page 5 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 Advance Payment must be returned to the TCEQ within the TCEQ's 3o day notice to the Performing Party. ARTICLE 5. 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 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 Parry 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 TEXAS COMMISSION ON Page 6 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 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. 5.1o.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. 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 7 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 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 13o87 Austin, TX 78711 -3o87 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 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 than forty -five (45) 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 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. 6.1o. 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 bylaw. TEXAS COMMISSION ON Page 8 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 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; 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 Subgrantee 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 TEXAS COMMISSION ON Page 9 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 made available during an on -site audit /monitoring visit, or upon request, for the purpose of substantiating travel - related costs, includes the following: (i) 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 should be separate and show, at a minimum, the traveler's name, the travel location, and the travel date(s). 6.19. All RFR'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 RFR. In addition, the Performing Parry or subcontractor shall attach, for each reimbursable cost listed, documentation as specified in the Required Documentation paragraph in this section. An updated equipment inventory shall be attached to reimbursement requests with equipment purchases. 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 RFR'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 Parry 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) TEXAS COMMISSION ON Page 10 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 1 1 1 1 TEXAS COMMISSION ON Page 11 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 Scope of Work I. Facts and Purpose The Texas Commission on Environmental Quality (TCEQ) proposes to grant City of Schertz funding to purchase goods and services listed in Table 1 to allow the Local Emergency Planning Committee (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 summarized in Table 1. Any purchases made that differ from the quotes submitted must be approved, in writing, by the Grant Manager prior to purchase. The LEPC must retain documentation of these purchases and submit them with the monthly Financial Status Report (FSR). All Terms and Conditions listed in this grant contract must be followed. It is the responsibility of the grantee to follow all grant Terms and Conditions. This Scope of Work does not override any of the Terms and Conditions listed in this grant contract. Table 1. Approved Purchase List Item Budget Cost per Application Number Category Item Description unit Unit Quantity Total 54 - 1 Equipment Hazmat Elite Chemical ID $69,950.00 each 1 $69,950.00 54- Sensit Gold G2 with LEL 2 Equipment option $886.88 each 1 $886.88 54- Ludlum Model 2241 -3RK 3 Equipment Emergency Responder kit $2,999.00 each 1 $2,999.00 43- Zytron 500 NFPA 1994, Class 2 4 Consumable Level A suits $1,198.67 each 12 $14,384.04 54- Tingley Hazproof Chemical 5 Equipment Protective Boots $87.00 each 12 $1,044.00 Total: $89,263.92 I1. TCEQ Responsibilities /Designation of Staff A. TCEQ responsibilities: Review all FSRs within 30 days of receipt and request any edits necessary for approval. • Complete a performance evaluation after the contract is closed out. TEXAS COMMISSION ON Page 12 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 B. Designation of staff Deanna Sivek (512) 239 -5074 or Deanna.Sivek @tceq.texas.govwill be the 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. III. Description of Deliverables A. Purchase goods and services in accordance with grant application. B. Follow all terms and conditions listed in this contract. C. Effectively communicate with the Grant Manager any questions, comments, issues, or deficiencies. D. Submit FSRs in accordance with the contract terms. This will be within 15 days of the last day of each month unless otherwise specified from the Grant Manager in writing. E. Submit and retain all documentation associated with this grant application and make documentation available upon request from the Grant Coordinator. An FSR must be submitted, in writing, to the TCEQ Grant Coordinator no later than 15 calendar days after the end of each calendar month with all supporting documentation (i.e. receipts, training certificates, invoices, receiving receipts, etc.) with the exception of the final invoice which is due within 45 days after the close of the contract. F. All funds must be expended or returned to the TCEQ in accordance with the deadlines stated within Section 43 of the Special Terms and Conditions of the Contract. G. All travel and services must take place during the contract period. IV. Budget Control and Transfers A. Cumulative transfers less than 10% of the Total Budget. The Performing Party may transfer amounts between the approved purchase items listed above so long as cumulative transfers between the line items during the Contract do not exceed ten percent (10 %) of the total contract amount. The Performing Party must timely submit a Budget Revision Request Form reflecting the revised budget. (Attachment C) B. Cumulative transfers greater than 10% of the Total Budget. TCEQ must pre - approve all budget revisions that result in the cumulative transfer of funds greater than 10% of the Total Budget during a Contract. A Contract Amendment is required before the Performing Party incurs these costs. C. All Requests for Reimbursement or Financial Status Reports must be submitted in a format that clearly shows how this budget control requirement is being met. TEXAS COMMISSION ON Page 13 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 TEXAS COMMISSION ON Page 14 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 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 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 18o 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. The 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 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 will 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 Parry in performance of the Scope of Work as authorized by this Contract. 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 PROCUREMENT AND ALLOWABLE COSTS. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbursement Requests. The Performing Party will invoice TCEQ to request reimbursement for its Allowable Costs for performing the Scope of Work. The Performing Party's invoice will 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. The Performing Party will 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. TEXAS COMMISSION ON Page 15 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 4.4• Release of Claims. As a condition to final payment or settlement, or both, the Performing Party will execute and deliver to TCEQ a release of all claims against TCEQ for payment under this Contract. (Attachment B) 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. The 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. The Performing Party will ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2. Financial Records. The Performing Party will establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request the Performing Party will submit records in support of reimbursement requests. The Performing Party will 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 will be retained for a period of three 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. The Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of TCEQ nor as a TCEQ agent or employee. The Performing Party agrees that the Scope of Work is furnished and performed at the 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 will create an employee - employer relationship between the Performing Party and TCEQ. Nothing in this Contract will 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 the Performing Party will be considered to be the acts and omissions of the 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 will 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. The Performing Party's timely performance is a material term of this Contract. 7.2. Delays. Where the Performing Party's performance is delayed, except by Force Majeure or act of 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 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. 9. DATA AND QUAL= 9.1. Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of TCEQ. All materials and equipment will be handled TEXAS COMMISSION ON Page 16 of 3 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 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 describes 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 the 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, the 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 3o Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 3o Texas Administrative Code Section 25.6. 10. INTELLECTUAL PROPERTY 1o.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, the 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. The Performing Party Will obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise -wise 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. The 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 will obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by TCEQ, sufficient coverage will include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 11.2. Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY AND ANY SUBCONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND ITS 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 PERFORMING PARTY 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 WILL 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 0 portunity to cure to the Performin Pa3 t rminate this Contract for cause if the Performin TEXAS COM pSSION ON � age T7 o�30 Guadalupe County LEk ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 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 to days written notice to the Performing Party, terminate this Contract for convenience. Termination will not prejudice any other right or remedy of TCEQ or the Performing Party. The Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. The Performing Party will 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 will be deemed to have been for the convenience of TCEQ. 13. DISPUTES, CLAIMS AND REMEDIES 13.1. Payment of 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 the Performing Party from liability under this Contract. 13.2. Schedule of Remedies available to TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of the 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 TCEQ; 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 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. 14.1. 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 will notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 15. CONTRACT INTERPRETATION 15.1 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). TEXAS COMMISSION ON Page 18 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 15.2 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. 15.3 Delivery of Notice. Notices are deemed to be delivered three 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. 15.4 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. 15.5 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 15.6 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 will 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 will continue in full force and effect. If possible, the severed provision will 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. 15.7 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by the 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. 15.8 Venue. The 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. 15.9 Publication. The Performing Party agrees to notify TCEQ five days prior to the publication or advertisement of information related to this Contract. The 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. 15.10 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 the Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, will be construed as a waiver on any other occasion. 15.11 Compliance with Laws. TCEQ relies on the Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 15.12 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. 15.13 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 206.5o and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. TEXAS COMMISSION ON Page 19 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 Notices, Representatives & Recordl Locations TEXAS COMMISSION ON Page 20 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 NOTICES, REPRESENTATIVES, AND RECORDS LOCATION Contract Number: 982 -17 -71531 Contract Name: Guadalupe 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 (for Contractual Matters) Paul Groves Contract Specialist 177 (Title) (Mail Code) Texas Commission on Environmental Quality P.O. Box 13o87 Austin, Texas 78711 -3087 Telephone No.: (512)239 -6761 Facsimile No.: (512)239-0404 4. Contractor Representatives. For Contractual Matters: (Name) (Title) (Mailing Address) (City) (State) (Zip Code) Telephone No.: () - Facsimile No.: TCEQ PROJECT MANAGER (For Technical Matters) 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 For Technical Matters: (Name) (Title) (Mailing Address) (City) (State) (Zip Code) Telephone No.: () - Facsimile No.: () - 5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract 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: (Physical Location Address Line 1) (Physical Location Address Line 2) (City),(State),(Zip Code) TEXAS COMMISSION ON Page 21 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 Attachment A Texas Commission on Environmental Quality FINANCIAL STATUS REPORT STATE AGENCY ORGANIZATION UNIT Ahl unu oCnnoT IC CI DhAITTr-:n I. 2. 1 V - IIVI I 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: FROM TO 9. PERIOD COVERED BY THIS REPORT: FROM TO 10. Item Description: Approved Budget Project Cost This Report Cumulative Project Cost Balance ** Total: 11. *List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories. Please attach receipts, as required, in accordance with Attachment B of your contract. * *Negative balances in any of the budget categories should be explained in a brief accompanying narrative. 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 22 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 Attachment A (contd.) ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS All PURCHASES (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL PURCHASED Should match description provided forapproval) COST COST TOTAL EQUIPMENT EXPENDITURES (must agree with each line item on Form 20248) $ * 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. *LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. * SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM TEXAS COMMISSION ON Page 23 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 Attachment A (contd.) Financial Status Report Preparation Instructions 1. The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a completed, legible TCEQ Financial Status Report (TCEQ Form 20248) and any required TCEQ Supplemental 20248 forms. Unless directed otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents by not later than twenty -one (21) days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters (September - November; December - February, March -May; June - August). Each Financial Status Report shall indicate, for each budget sub - category the PERFORMING PARTY'S project expenditures for the period in question, the cumulative expenditures with respect to each budget sub - category, and the balance remaining in each budget sub - category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -1 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248 -1, legible documentation that (1) serves to further identify the specific piece of equipment received or the services provided, (2) clearly identifies the vendor or subcontractor who provided the equipment or services, and (3) that confirms the reimbursable amount listed on the form. In the case of equipment purchases, the attached documentation shall be either a purchase order marked "received /paid" or a vendor - submitted invoice similarly marked. In the case of subcontractor provided services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 3. All requests under this Contract for the reimbursement of expenditures that fall within the "Construction" category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -2 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248 -2, legible documentation that (1) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3) that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked "received /paid" or an invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 4. All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -3 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, for any single - listed item or service costing more than $500, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248 -3, legible documentation that (1) serves to further identify the specific items or services, (2) clearly identifies the vendor or subcontractor who provided the items or services, and (3) that confirms the reimbursable amount listed on the form. Although issued purchase orders and /or invoices marked "received /paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute /attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 5. All requests for reimbursement of expenditures that fall within either the "Personnel /Salary" or "Travel" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -4 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 20248 -4 with respect to reported "Personnel /Salary" expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, all costs listed on Form 20248- 4 must be supported by attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel - related costs, includes the following: (1) legible copies of the PERFORMING PARTY - approved travel vouchers, signed by the employees who traveled, and (2) for any travel - related expenses under this contract borne directly by the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required) separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. TEXAS COMMISSION ON Page 24 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 Attachment B TEXAS COMMISSION ON ENVIRONMENTAL QUALrrY Release of Claims hereby releases the Texas Commission on Environmental Quality (TCEQ), its officers, agents, and employees from any and all future claims arising under or by virtue of TCEQ Contract Number further certifies that all subcontractors, suppliers, employees and any party which has performed or provided service for this Contract has been paid in full and satisfied. All services and tasks required to be completed under the referenced Contract have been completed. Prompt payment, therefore, of any and all funds which may have been "retained" by TCEQ in accordance with said Contract is requested. Executed on this day of � 20 —• By: (signature) (name, typed or printed) (title) TEXAS COMMISSION ON Page 25 of 30 Guadalupe County LEPC ENVIRONMENTAL QUALITY CONTRACT # 582 -17 -71531 Attachment C 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 lo% 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. 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