Ordinance No. 9,132ORDINANCE NO. 9132
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL CONTRACT WITH THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION FOR A GRANT FROM THE
GALVESTON BAY ESTUARY PROGRAM FOR CONSTRUCTION OF SAN
JACINTO POINT MARSH AREA PHASE II; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager to execute an Interlocal Contract with the Texas Natural Resource
Conservation Commission for a grant from the Galveston Bay Estuary Program for construction
of San Jacinto Point Marsh Area Phase II. A copy of said Agreement is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 22nd day of March, 2001.
ATTEST:
GA' , W SIV 1t1H; City Clerk
APFROVED�A�S TJ FORM:
ACIO RAMIREZ, SR., City Attorney
c: M264\ Counci1\0rdinances \GBEPGrantOrdinance
PETE C. ALFARO, Mayor
C
Contract Number 582 -1 -32238
THE STATE OF TEXAS
COUNTY OF TRAVIS
INTERAGENCYANTERLOCAL CONTRACT
CATEGORY I
San Jacinto Point Marsh Area, Phase II
Name of Project
THIS CONTRACT is entered into by and between:
the Texas Natural Resource Conservation Commission, an agency of the State of Texas (hereinafter
TNRCC), and City of Baytown , an agency or political subdivision of the State of Texas
(hereinafter PERFORMING PARTY),
pursuant to the authority granted and in compliance with applicable provisions of the Interagency Cooperation Act,
TEX. Gov'T. CODE, Chapter 771 and Intergovernmental Cooperation Act, TEX. Gov'T CODE, Chapter 791.
TNRCC and PERFORMING PARTY agree as follows:
ARTICLE 1. WORK
See attached Scope of Work.
ARTICLE 2. PRICING, PAYMENTS and HUB REPORTS
1. Payment Requests. See attached Contract Costs Budget (for payment based on reimbursement of actual costs) or
Schedule of Fixed Rates (for payment at fixed rates based on the nearest practicable estimate of actual costs).
2. HUB Reports. If required under this Contract (see below), the PERFORMING PARTY, when submitting payment
requests, will report the level of subcontracting activity with Historically Underutilized Businesses (HUBs) as defined
by State law. Such reports must be made on a TNRCC - provided HUB/MWBE Progress Assessment Report (PAR)
Form.
❑ HUB Reports (PAR Forms) are required to be submitted with each payment request (see attached
Additional Exhibits which contain a copy of required form and completion instructions)
or X HUB Reports (PAR Forms) are not required under this Contract
ARTICLE 3. MAXIMUM AMOUNT OF CONTRACT
The total amount of this Contract shall not exceed:
_Twenty -five Thousand Dollars $ 25,000
(Written amount)` ($ numerical amount)
unless this Contract is amended in writing. It is expressly understood and agreed by the parties that the performance
on the part of the TNRCC of its obligations is contingent upon and subject to actual receipt by the TNRCC of sufficient
and adequate funds from the sources contemplated by this Contract.
® ARTICLE 4. TERM OF CONTRACT This Contract shall begin at the date of contract execution, and shall terminate
on full performance, which is due on August 31, 2002, unless terminated early or extended in accordance with the
terms of the Contract.
Interagency /Interlocal Contract Standard Form -- pg 1
Revised: September 22, 1999 EXHIBIT "All
ARTICLE 5. CERTIFICATIONS
1. THE UNDERSIGNED CONTRACTING PARTIES certify that (1) the services specified above are necessary and
essential for activities that are properly within the statutory functions and programs of the parties, (2) the proposed
arrangements serve the interest of efficient and economical administration of State Government, and (3) the services,
® supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be
supplied under contract given to the lowest responsible bidder.
2. The TNRCC further certifies that it has the authority to contract for the above services by authority granted in the
Current Appropriations Act, and TEX. WATER CODE § 5.229.
3. PERFORMING PARTY further certifies that it has authority to perform the services contracted for.
ARTICLE 6. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Contract between TNRCC and PERFORMING PARTY concerning
the Work consist of the following:
1. This Signed Contract
2. Scope of Work
3. Contracts Costs Budget
4. General Conditions
5. Federal Conditions
6. Project Representatives / Records Location
7. Additional Exhibits titled: Financial Status Report Forms and Instructions
HUB/MWBE Progress Assessment Report (PAR) Form
Certification Regarding Debarment -- Lower Tier
There are no Contract Documents other than those listed above in this Article. The Contract Documents may be
amended, modified or supplemented only as provided in the General Conditions.
The undersigned bind themselves to the faithful performance of this Contract:
TNRCC:
Texas Natural Resource
Conservation Commission
By:
Authorized Signature
Printed Name
Title
Date:
n
PERFORMING PARTY:
City of Baytown
By:
Authorized Signature
Printed Name
Title
Date:
Contract Number 582 -1 -32238
SCOPE OF SERVICES
AND SCHEDULE OF DELIVERABLES
® INTRODUCTION
This project will increase the understanding and stewardship of the Galveston Bay environment among
students enrolled in sixth grade science classes in Baytown junior School through education and a hands
on study of a salt marsh wetland. The students will then use their knowledge and skill to create a salt
marsh wetland project in the Baytown Nature Center nature preserve. This project implements the
following actions in The Galveston Bay Plan: PPE-4 : implementing scientific curricula for use in
Galveston Bay watershed school districts. PPE -5: enhance volunteer opportunities for the bay.
ARTICLE 1. CITY OF BAYTOWN PROJECT MANAGER
Scott Johnson, Interim Director, City of Baytown Parks and Recreation, shall be the PROJECT MANAGER for this
project. The City of Baytown is considered to be essential to the work being performed under this Contract. Prior to
diverting any of the specified individuals for other work or making any substitutions therefore, the PERFORMING
PARTY shall notify the TNRCC in writing in advance and shall include written justification (describing proposed
substitutions) in sufficient detail to permit evaluation of the impact on the work being performed. Proposed substitutions
shall have comparable qualifications to those of the personnel being replaced. No diversion or substitution shall be
made by the PERFORMING PARTY without the written consent of the Project Representative for the TNRCC,
RECEIVING PARTY.
AR_T_ICLE 2.-TNRCC PROJECT REPRESENTATIVE
Marie Nelson, Galveston Bay Estuary Program, shall be the Project Representative for the TNRCC for this contract.
The Project Representative shall serve as the primary contact for communications between the PERFORMING
PARTY and the TNRCC.
ARTICLE 3. MAJOR OBJECTIVE
The PERFORMING PARTY will complete the following:
Increase the understanding and stewardship of the Galveston Bay environment among students at Baytown
Junior School through education and a hands -on study of a salt marsh wetland.
ARTICLE 4. PRODUCTS AND SCHEDULE OF DELIVERABLES FOR THIS CONTRACT
a. Submit a Project Work Plan. The PERFORMING PARTY shall develop and submit, to the Project
Representative, a written Project Work Plan. The Work Plan shall include an introductory overview which
describes the general approach proposed by the contractor to accomplish work outlined in this Scope of
Work, describes objectives and tasks to accomplish the work, provides a proposed time line; and, a
schedule of deliverables for the Major Objective described in Article 3 above. The Work Plan must be
approved by the Project Representative prior to the PERFORMING PARTY initiating substantial work
related to the major objective described in Article 3. Upon approval of the Work Plan by the Project
Representative, the Work Plan shall become part of this contract by reference.
b. Submit Progress Report. The PERFORMING PARTY shall submit a progress report outlining the
progress made under each of the tasks outlined in the Work Plan.
c. Submit Final Report. The PROJECT MANAGER shall submit a Final Report in written and electronic
format, compatible with TNRCC software. The final report shall include at a minimum the information
requested under Article 3, and the following sections:
(1) Title page
(2) Executive Summary
(3) Introduction
(4) Project Methodology
(5) Project Results
(6) Project Conclusions
(7) Project Photos
ARTICLE 5. SCHEDULE OF DELIVERABLES FOR THIS CONTRACT
Interagency/Interlocal Contract Scope of Work -- pg 1 Contract Number 582 -1 -32238
Revised: September 22, 1999
WORK PRODUCT
SCHEDULE OF DELIVERABLES
Project Work Plan
Within 60 days of Contract execution date
Progress Report
August 31, 2001; November 30, 2001; February
28, 2002; May 31, 2002
Draft Final Report
July 31, 2002
Final Report
August 31, 2002
Interagency/Interlocal Contract Scope of Work -- pg 2 Contract Number 582 -1 -32238
Revised: September 22, 1999
CONTRACT COSTS BUDGET
ARTICLE 1. BUDGET
Authorized budgeted expenditures under this Contract are as follows:
Budget Category
TNRCC
Personnel/Salary ............................. $ 0
Fringe Benefits ............................. $ 0
Travel.... ............................... $ 341
Supplies . ............................... $ 7,009
Equipment ... ............................... $ 0
Contractual ............................ $ 17,750
Construction .. ..............................$ 0
Other (Facilities) ............................. $ 0
Total Direct Costs ....................... $ 25,000
Authorized Indirect Costs ...................... $ 0
Total Budgeted Costs .................... $ 25,000
ARTICLE 2. BUDGET CONTROL AND TRANSFERS
Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10 %) of the current
Total Budgeted amount.
ARTICLE 3. SUBMITTAL OF PAYMENT REQUESTS
Payment requests must be submitted at the interval specified below (whichever is checked; if none is checked,
payment requests must be submitted monthly; if more than one is checked, invoices must be submitted when both
requirements are met):
X monthly.
• upon completion of deliverables herein (see )
• upon completion of all Work.
• Other (specify)
Interagency /Interlocal Contract Costs Budget -- pg 1 Contract Number 582 -1 -32238
Revised: September 22, 1999
GENERAL CONDITIONS
ARTICLE 1. WORK
PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the
term "Work" means the entire completed undertaking, or the various separately identifiable parts thereof. Work
includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any person or
entity including PERFORMING PARTY's employees, agents, assigns, suppliers, and subcontractors.
ARTICLE 2. AMENDMENT
This Contract may be amended only by written agreement signed by both parties.
ARTICLE 3. INSURANCE
PERFORMING PARTY will require its contractors and their subcontractors to maintain insurance coverage
sufficient to protect TNRCC against any and all claims that may arise out of or resulting from their performance of
the Work and the other obligations undertaken in this Contract, and to maintain Workers Compensation Insurance
which complies with Texas statutory requirements.
ARTICLE 4. ACCEPTANCE CORRECTIONS, WAIVER, WARRANTY, QUALITY
1. Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the TNRCC.
2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to the
TNRCC.
3. Waiver. No waiver, whether expressed or implied, shall be construed as a continuing waiver unless it is
specifically described in writing as a continuing waiver.
4. Warranty. All warranties implied by law are applicable to the Work. Nothing in this Contract nor any action of
the TNRCC will act as a disclaimer of any warranty. All warranties are for a period of ONE YEAR from the date of
acceptance unless a different period is stated in this Contract or in a written warranty. PERFORMING PARTY
expressly warrants that the TNRCC will receive the benefits of third -party warranties (whether manufacturer or
supplier) applicable to the Work.
5. Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the
Contract. If required by TNRCC, PERFORMING PARTY will furnish satisfactory evidence (which may include
reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be
applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the
applicable Supplier, except as otherwise provided in the Contract.
ARTICLE 5. PAYMENT
1. Payment Methods. TNRCC will reimburse PERFORMING PARTY's allowable costs of providing Work which
is satisfactory, accepted by TNRCC, and in conformity with all requirements of this Contract and applicable law.
2. Reimbursement of Actual Cost as Incurred. This Contract contains a Contract Costs Budget indicating expected
contract - related costs for the required Work. PERFORMING PARTY will be paid on the basis of reimbursement of
actual costs. At the intervals specified in the Contract Costs Budget, PERFORMING PARTY may submit a request
for reimbursement of the actual costs it has incurred. All such requests must be accompanied by supporting
documentation as required by this Contract. PERFORMING PARTY agrees that the TNRCC's obligation to
reimburse the PERFORMING PARTY's costs will remain within the Contract Costs Budget and that cumulative
transfers among the budgeted direct cost categories will not exceed ten percent (10 %) of the total reflected therein.
a. If PERFORMING PARTY is a state agency as defined in GOV'T CODE, Chapter 791, then all
reimbursement requests must be submitted to the TNRCC Project Representative on a State of Texas
Interagency Transaction Voucher. All requests must be accompanied by a summary report or invoice
showing the budgeted cost categories for the reported expenditures and indicating the amount remaining in
each category.
b. If PERFORMING PARTY is not a state agency, then all reimbursement requests must be submitted to
the TNRCC Project Representative with a completed TNRCC Financial Status Report ( TNRCC Form 269a)
Interagency /Interlocal Contract General Conditions -- pg 1 Contract Number 582 -1 -32238
Revised: September 22, 1999
and (as applicable) TNRCC Supplemental Financial Status Report Forms 269a -1, 269a -3, and 269a -4. A
final Financial Status Report must be submitted no later than 90 days following the termination date of this
Contract.
3. Timely Payment Requests Required. TNRCC may refuse to pay any request submitted more than 90 days after
the termination of this Contract.
ARTICLE 6. SUBCONTRACTORS, OTHERS
1. Qualified Personnel. All employees and subcontractors employed by PERFORMING PARTY on or for the
Work must have sufficient qualifications to perform the Work.
2. Objections. PERFORMING PARTY will not employ any particular subcontractor, supplier or other person or
organization on or for the Work if TNRCC makes a reasonable written objection against such subcontractor,
supplier, person, or organization. PERFORMING PARTY will not be required to employ any particular
subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection.
3. Subcontracts. PERFORMING PARTY will include all provisions which may be necessary to accomplish all
requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its
subcontractors to do the same.
ARTICLE 7. INTELLECTUAL PROPERTY
1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written,
invented, first actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees,
subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY hereby
assigns to TNRCC a nonexclusive, perpetual, irrevocable, enterprise -wide license to use, copy, publish and modify
such intellectual property and authorize others to do so for TNRCC purposes. Upon termination of this Contract, all
data and information by PERFORMING PARTY will be furnished to TNRCC.
2. License of Existing Rights. PERFORMING PARTY grants to TNRCC a nonexclusive, perpetual, irrevocable,
enterprise -wide license to use, copy, publish, and modify any intellectual property in the Work and to authorize
others to do so for TNRCC purposes. PERFORMING PARTY shall secure all necessary intellectual property
licenses from third parties and warrants that the Work and the intended use of the Work will not infringe any
property rights of any third - party. PERFORMING PARTY agrees to require its contractors to indemnify and hold
harmless TNRCC from damages arising from or related to any infringement of rights in intellectual property. To the
extent permitted by law, PERFORMING PARTY agrees to indemnify and hold harmless TNRCC from damages
arising from or related to any infringement of rights in intellectual property.
ARTICLE 8. SEVERABILITY
The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the
validity of other provisions and the contract will continue to be binding on both parties. Any provision that is held to
be void or unenforceable will be replaced with language that is as close as possible to the intent of the original
provision.
ARTICLE 9. SUSPENSION; TERMINATION
1. For Cause. In the event of PERFORMING PARTY's failure to perform the Work as required by the.Contract,
violation of applicable law, substantial or material default, or other cause, TNRCC may suspend the Work or
terminate this Contract for cause.
2. Force Majeure. In the event of delay or failure of performance caused by force majeure, TNRCC may terminate
this Agreement in whole or part upon seven (7) days written notice.
3. For Convenience. TNRCC may terminate this Contract for convenience and without cause upon seven (7) days
notice.
4. Payment Adjustment. If the TNRCC terminates for convenience or because of force majeure, PERFORMING
PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termination.
ARTICLE 10. SURVIVAL OF OBLIGATIONS
Interagency/Interlocal Contract General Conditions -- pg 2 Contract Number 582 -1 -32238
Revised: September 22, 1999
All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with
this Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion
and acceptance of the Work and termination or completion of the Contract.
ARTICLE 11. LAWS AND REGULATIONS
PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except where
otherwise expressly required by applicable law, TNRCC shall not be responsible for monitoring PERFORMING
PARTY compliance with any applicable law.
ARTICLE 12. AUDIT, ACCESS TO RECORDS
The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract (including
that performed by subcontractors), and shall retain them for at least three (3) years from the date of termination of
this Contract. The TNRCC, the Texas State Auditor's Office, or any of their duly authorized representatives may
review, audit, copy, or disclose the contents of such books or records at any time.
ARTICLE 13. MISCELLANEOUS
1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the
TNRCC to the Project Representative designated by the TNRCC. The PERFORMING PARTY will designate a
Project Representative to receive all communications from the TNRCC. Both Project Representatives will be
designated in writing (see Project Representatives / Records Location).
2. "Time is of the Essence" will apply to all time limits stated in the Contract.
3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in the
Uniform Grant and Contract Management Standards (UGCMS), including those related to financial monitoring,
auditing and record keeping.
ARTICLE 14. DELINQUENT STATE TAXES
The PERFORMING PARTY agrees that any payments due under this Contract will be applied towards any debt
owed to the State of Texas. This requirement is not applicable to PERFORMING PARTIES who are state agencies
as defined in Gov't Code, Chapter 791.
ARTICLE 15. REMEDIES AND SANCTIONS
1. In accordance with Chapter 2259 Texas Government Code, the following Schedule of Remedies applies to this
Contract in the event of substandard performance or other failure to conform to the requirements of the Contract or
applicable law.
a. Reject the substandard performance and request corrections without charge to the TNRCC.
b. Issue a notice of substandard performance or other non - conforming act or omission.
c. Request and receive the return of any over payments or inappropriate payments.
d. Reject associated reimbursement requests and suspend payments, pending accepted revision of substandard
performance or non - conformity. Note: Funds may be retained by TNRCC for recovery of administrative costs
or returned to funding source as authorized by agreements with the funding source and by state or federal law.
e. Suspend all or part of the Work, pending accepted revision of substandard performance or non - conformity.
f. Terminate the contract, demand and receive: return of all equipment purchased of contract funds, return of all
unexpended funds, and repayment of expended funds.
2. If the TNRCC finds the PERFORMING PARTY's performance to be substandard, TNRCC may provide its written
evaluation report to other governmental entities at any time. TNRCC may also provide its written evaluation report to
the public as authorized by law.
3. TNRCC may avail itself of any remedy or sanction provided in this Contract or in law to recover any losses rising
from or caused by the PERFORMING PARTY's substandard performance or any non - conformity with the Contract
or the law. The remedies and sanctions available to TNRCC in this contract shall not limit the remedies available to
the TNRCC under law.
Interagency/Interlocal Contract General Conditions -- pg 3 Contract Number 582 -1 -32238
Revised: September 22, 1999
ARTICLE 16. DISPUTE RESOLUTION
The dispute resolution process provided for in Chapter 2260 of the Texas Government Code and applicable rules of the
TNRCC must be used by the PERFORMING PARTY to attempt to resolve all disputes arising under this Contract.
10 ARTICLE 17. RELEASE OF CLAIMS
Upon satisfactory completion of the work performed hereunder and prior to final payment under this Contract for such
work, or prior to settlement upon termination of this Contract and as a condition thereto, the PERFORMING PARTY
shall execute and deliver to the TNRCC a release of all claims for payment of any funds due and payable by the TNRCC
pursuant to the terms of this Contract. Such release shall be conditioned upon payment of all fund amounts due and
payable to PERFORMING PARTY under this Contract, and limited to only those claims which reasonably could have
been foreseen at the time the release is executed. PERFORMING PARTY reserves the right to identify claims to be
excluded thereby.
C]
Interagency/Interlocal Contract General Conditions -- pg 4 Contract Number 582 -1 -32238
Revised: September 22, 1999
FEDERAL CONDITIONS
ARTICLE 1. FEDERAL REQUIREMENTS
This Contract is funded in part with federal grant money. The following conditions apply to this Contract in addition
to all other contract terms. All applicable requirements of TNRCC's federal grants and 40 CFR Parts 30 through 35
are incorporated herein by reference ( TNRCC will provide copies of applicable federal grants or regulations upon
request). The term "PERFORMING PARTY" as used in these Federal Conditions means either PERFORMING
PARTY or CONTRACTOR, as applicable.
ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS
A nonexclusive, perpetual, irrevocable license to use, copy, publish, and modify any intellectual property to which
rights are granted or assigned to TNRCC in this Contract are hereby also granted to, assigned to, or reserved by the
Federal Government. To the extent consistent with the rights of third parties, the Federal Government shall also
have the right to sell any intellectual property right it reserves or acquires through this Contract.
ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT
The PERFORMING PARTY shall acknowledge the financial support of the TNRCC and the U.S. EPA whenever
work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports
and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use
within the TNRCC, shall carry the following notation on the front cover or title page:
PREPARED IN COOPERATION WITH THE
TEXAS NATURAL RESOURCE CONSERVATION COMMISSIONAND
U.S. ENVIRONMENTAL PROTECTION AGENCY
The preparation of this report was financed through grants from the U.S. Environmental Protection Agency
through the Texas Natural Resource Conservation Commission.
If the funding source is a U.S. agency other than U.S. EPA, the name of the appropriate federal agency should be
substituted.
ARTICLE 4. COST AND PRICE OF THIS CONTRACT
If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then
PERFORMING PARTY shall submit cost information sufficient for a cost analysis as required by 40 CFR §31.36.
This information must be submitted on forms provided by the TNRCC.
ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS
1. PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally
accepted accounting standards or principles and complies with 40 CFR §31.20. This system shall provide for the
identification, accumulation, and segregation of allowable and unallowable project costs among projects.
2. PERFORMING PARTY shall have a property management system that complies with the standard of and
requirements in 40 CFR §§ 31.32 through 31.33.
ARTICLE 6. RECORD DOCUMENTS, DATA, RECORDS, ACCESS, AND AUDIT
The Federal Government and its agencies will have the same rights of access to records as are granted to, assigned
to, or reserved by the TNRCC under this Contract.
ARTICLE 7. DEBARMENT
On or prior to the effective date of this Contract, PERFORMING PARTY must submit a Certification Regarding
Debarment, Suspension, and Other Responsibility Matters. PERFORMING PARTY must also submit a
Certification Regarding Debarment, Suspension, and Other Responsibility Matters / Lower Tier for each
subcontractor it employs to conduct the Work. These certifications must be submitted on forms provided by the
TNRCC.
ARTICLE 8 MINORITY BUSINESS ENTERPRISES / WOMEN'S BUSINESS ENTERPRISES (MBE/WBEs)
1. PERFORMING PARTY shall take steps to encourage participation by minority business enterprises and women's
business enterprises in the performance of this Contract.
Interagency /Interlocal Contract Federal Conditions -- pg 1 Contract Number 582 -1 -32238
Revised: November 24, 1997
2. If the General Conditions of this Contract do not contain a requirement that PERFORMING PARTY submit
information regarding its subcontracts with Historically Underutilized Businesses (HUBS) as defined by Texas law,
then PERFORMING PARTY shall comply with the MBE/WBE requirements imposed on TNRCC in the federal
grant or grants funding this Contract, and submit information regarding its subcontracts with MBE/WBEs on forms
® provided by the TNRCC. State agencies subject to State of Texas procurement law regarding HUBs need not submit
MBE/WBE subcontracting information to the TNRCC.
Interagency/Interlocal Contract Federal Conditions -- pg 2 Contract Number 582 -1 -32238
Revised: November 24, 1997
E
PROJECT REPRESENTATIVES
RECORDS LOCATION
ARTICLE 1. PERFORMING PARTY
The term "PERFORMING PARTY" as used in this Project Representatives /Records Location means either
PERFORMING PARTY or CONTRACTOR, as applicable.
ARTICLE 2. TNRCC PROJECT REPRESENTATIVE
The individual named below is the TNRCC Project Representative, who is authorized to give and receive
communications and directions on behalf of the TNRCC. All communications including all payment requests must
be addressed to the TNRCC Project Representative or his or her designee.
Marie Nelson
Galveston Bay Estuary Program
711 W. Bay Area Blvd., Ste. 210
Webster, Texas 77598
Telephone No.: (281) 316 -3002
Facsimile No.: (281) 332 -8590
ARTICLE 3. PERFORMING PARTY PROJECT REPRESENTATIVE
The individual named below is the PERFORMING PARTY Project Representative, who is authorized to give and
receive communications and directions on behalf of the PERFORMING PARTY. All communications to the
PERFORMING PARTY will be addressed to the PERFORMING PARTY Project Representative or his or her
designee.
Scott Johnson, Interim Director of Parks and Recreation
City of Baytown
P.O. Box 424
Baytown, Texas 77522 -0424
Telephone No: (281) 420 -6599
Facsimile No.: (281) 420 -5847
ARTICLE 4 SUBMITTAL OF PAYMENT REQUESTS
Payment requests must be submitted to (whichever is checked):
® the TNRCC Project Representative.
❑ the TNRCC Disbursements Section.
(if neither box is checked, payment requests must be submitted to the TNRCC Disbursements Section).
ARTICLE 5. DESIGNATED LOCATION FOR RECORDS ACCESS AND REVIEW
The PERFORMING PARTY designates the physical location indicated below for record access and review
pursuant to any applicable provision of this contract:
Scott Johnson, Interim Director of Parks and Recreation
City of Baytown
P.O. Box 424
Baytown, Texas 77522 -0424
Project Representatives & Records Access /
Category I -- Standard Form
Revised: December 5, 1997 -- Printed: March 12, 2001
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
FINANCIAL STATUS REPORT
n
1.
STATE AGENCY ORGANIZATION UNIT
TO WHICH REPORT IS SUBMITTED:
2.
GRANT /CONTRACT TITLE:
3.
PAYEE IDENTIFICATION NUMBER:
4. RECIPIENT ORGANIZATION (NAME AND COMPLETE
ADDRESS, INCLUDING ZIP CODE) :
5.
TNRCC 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.
BUDGET CATEGORIES:
Approved
Budget
Project Cost
This Report
Cumulative
Project Cost
Balance **
— –
a. P &rso-/Salary --
—
*— - - --
b. Fringe Benefits
c. Travel
d. Supplies
e. Equipment
f. Contractual
g. Construction
h. Other
i. Total Direct Costs (Sum a - h)
j. Indirect Costs
k. Total (Sum of i & j)
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
TNRCC Form 269a
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES (during this report period)
NUMBER
URCHASED
ITEM DESCRIPTION
(Should match description provided forapproval)
UNIT
COST
TOTAL
COST
TASKS
AL CONTRACTUAL EXPENDITURES (must
agree with line IOf on Form 269a)
TOTAL EQUIPMENT
EXPENDITURES (must agree with line l0e on Form 269a)
$
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR (NAME)
FOR
COST (THIS PERIOD)71
TASKS
AL CONTRACTUAL EXPENDITURES (must
agree with line IOf on Form 269a)
$
1W
* LEGIBLE PURCHASE ORDER AND /OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE.
TNRCC Supplemental Form 269a -1 (6/1/94)
TNRCC Supplemental form 269a -1 (6/1/94)
TTENnz --t-T- ION- OF-- GONS -T- RUCTION COSTS
I_NQTRiTVTFnN M.IZTR (rlurina thic renort neriod)
DESCRIPTION
PURPOSE
COST (THIS PERIOD)
TASKS
TOTAL CONSTRUCTION EXPENDITURES (must
agree with line I Og on Form 269a)
$
*LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
TNRCC Supplemental Form 269a -2 (6/1/94)
ITENIIZATION OF SUPPLY AND OTHER COSTS
OPPLIES PURCHASED (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
(Should match description provided forapproval)
UNIT
COST
TOTAL
COST
TASKS
TOTAL SUPPLY EXPENDITURES
(must agree with line 10d on Form 269a)
Is
OTHER EXPENDITURES (during this report period)
NUMBER
PURCHASED
DESCRIPTION
UNIT
COST
TOTAL
COST
TASKS
TOTAL OTHER EXPENDITURES
(must agree with line 10h on Form 269a)
Is
TNRCC Supplemental Form 269a -1 (6/1/94)
*LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR
EXCEED $500.
19CC Supplemental Form 269a -3 (6/1/94)
ITEMIZATION OF PERSONNEUSALARY AND TRAVEL COSTS
PERSONNEL /SALARY EXPENDITURES (during this report period)
EMPLOYEE NAME
TITLE/POSITION
SALARY (THIS
PERIOD
TASKS
TOTAL PERSONNEL/SALARY EXPENDITURES
(must agree with line 10a on Form 269a)
Is
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION
REASON
COST (THIS
PERIOD
TASKS
TOTAL TRAVEL EXPENDITURES (must agree
with line 10c on Form 269a)
Is
* SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM
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 TNRCC Financial Status Report (TNRCC Form 269a) and any required TNRCC Supplemental 269a 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 269a -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 269a -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.
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 269a -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 269a -2, legible documentation that (1) serves to further identify
the specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3)
that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked
"received/paid" or an invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall
consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous
invoices.
All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the Contracts Cost
Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a -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
269a -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
TNRCC.
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 269a -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 269a -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 269a -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
home 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.
0 Form 269 Instructions
HUB/MWBE PROGRESS ASSESSMENT REPORT(PAR)
(Historically Underutilized Business Reporting Form)
TNRCC Contract Number:
Date:
Invoice Number
Work Order:
Site/Phase/Program:
Work Period:
Prime Contractor:
❑River Authority ❑COG ❑Local govt. ❑ Interlocal
Contact Person:
Phone Number:
I. Is Prime a Texas Certified HUB? Oyes ono. Under I, if yes, complete (a) -(d). If no, complete (a) & (b).
(a) Total contract amount: $
(b) Total amount of work performed to date on this contract: $
(c) Amount of work performed by prime or prime's employees: $
(d) Total amount of work performed by HUB certified
subcontractors other than prime: $
(e) Amount of work performed by prime (b =a Times 100 =c) %
(f) Percent ( %) of work performed by (c +d =a Times 100 )
Il. Total of Attache_d_Invoices:
Total From Attached Invoices for All Subcontracts (Including HUBs): $
Total of Attached Invoices From Subcontractors that are HUBs: $
Total of Attached Invoices From Suppliers that are HUBs: $
III. Contract HUB /MWBE Goal
IV. Actual HUB/MWBE Expenditures to Date Under This Contract
V. Actual HUB/MWBE Expenditure Percentage of This Invoice *
`or TNRCC Use Only
TNRCC Si
Date in:
Date sent for
State I Federal I Fund No I Index I COBJ:
Date in:
Taxpayer ID Number
Total Invoiced in this Submission
HUB/MWBE
Subcontractor Name
MBE
WBE
Total
HUB/MWBE
Supplier Name
Taxpayer ID
Number
Total Invoiced in this Submission
MBE
WBE
Total
III. Contract HUB /MWBE Goal
IV. Actual HUB/MWBE Expenditures to Date Under This Contract
V. Actual HUB/MWBE Expenditure Percentage of This Invoice *
`or TNRCC Use Only
TNRCC Si
Date in:
Date sent for
State I Federal I Fund No I Index I COBJ:
Date in:
Progress Assessment Report (PAR) Form Instructions
0
STATE OF TEXAS HUB POLICY
The Texas Natural Resource Conservation Commission ( TNRCC) is committed to providing procurement and contracting opportunities for HUBS per Texas
Government Code Ann. Title 10, Subtitle D, Chapter 2161 (formerly Tex. Rev. Civ. Stat. Ann. Art. 601b), and Texas Administrative Code (TAC), Title 1, sections
111.11- 111.24, and by Title 40 Code of Federal Regulations (CFR) Parts 31 and 35 which outline race and gender definitions and size restrictions as they apply to
utilizing MWBEs. It is the TNRCC's policy to encourage the use of HUB /MWBE participation in its procurement and contracts processes.
In accordance with the Commission's policy of encouraging the use of HUBs/MWBEs in state procurement, and based upon the findings of the Disparity Study,
TNRCC will make a good faith effort to utilize HUBs/MWBEs in contracts for construction; professional, consulting, and engineering services; and commodities
purchases. The TNRCC will make a good faith effort to achieve the annual program goals by contracting directly with HUBs/MWBEs or indirectly through
subcontracting opportunities.
DEFINITIONS
For the purpose of HUB Reporting, the following terms are defined:
Commodities are materials, supplies, or equipment.
Professional services are services within the scope of the practice, as defined by law, of accountants, architects, engineers, land surveyors, optometrists, and
physicians that must be purchased by state agencies under Texas Government Code, Chapter 2254, Subchapter A.
Other services are all services other than construction and professional services, including consulting services subject to Texas Government Code, Chapter 2254,
Subchapter B.
Goods are consumable articles (e.g., office supplies) or durable items (e.g., computers, furniture, equipment).
Services are those functions performed for the agency by an outside source -- equipment repair, consulting, hazardous waste disposal, short-term temporary employee
work, etc.
Contractor is defined as a supplier of commodities or services to a state agency under a purchase order contract or other contract. (May also be referred to as the
"Prime. ")
Subcontractor is defined as a supplier of commodities or services to a contractor.
Disparity Study - The State of Texas disparity Study, performed by the National Economic Research Associates, Inc.
Subcontractor Funds - Payments made to certified historically underutilized businesses by a contractor or supplier under contract with the state.
Minority and Women Business Enterprise (MWBE) - a business concern:
Certified as a minority and/or woman business enterprise by a Federal agency;
A woman or minority group member is an individual who is a citizen of the United States and one of the following:
• Black American;
• Hispanic American (with origins from Puerto Rico, Mexico, Cuba, South or Central America);
• Native American (American Indian, Eskimo, Aleut, native Hawaiian); or
• Asian- Pacific American (with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern
Marinas, Laos, Cambodia, Taiwan or the Indian subcontinent);
• and other categories as designed by the EPA
Historically Underutilized Business (HUB)
HUB is defined by Texas Gov't. Code Ann., Title 10, Subtitle D, Chapter 2161, and 1 TAC § 1 l 1.12 as a corporation, sole proprietorship, partnership, or joint
venture formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more
persons whose business enterprises have been historically underutilized (socially disadvantaged) because of their identification as members of the following groups:
Black American, Hispanic American, Asian Pacific American, Native American and American women. These individuals must have a proportionate interest and
demonstrate active participation in the control, operation, and management of the business. State Agencies are required to make a Good Faith Effort to assist HUBS
in receiving contract awards issued by the State.
General Services Commission (GSC)
This state agency is responsible to certify HUBS, provide assistance to HUBS on state procurement procedures and of available state contracts. The GSC also assists
State agencies in seeking HUBS capable of supplying required goods and services and to increase the amount of HUB business. The GSC provides a directory of
HUBS and a report semiannually and annually which includes the dollar amounts of contracts awarded to certified HUBS and provides this information to specific
elected officials twice per year.
TNRCC point of contact:
Project Manager named on your contract or Kathy Robbins, the TNRCC HUB COORDINATOR at (512) 239 -0393.
Agency Mission
The Texas Natural Resource Conservation Commission(TNRCC) is a public agency dedicated to protecting human health and the environment by ensuring clean air
for Texans to breathe, an adequate supply of clean water for the benefit of Texas citizens and businesses, and proper safe disposal of various forms of pollutants,
consistent with sustainable economic development. The TNRCC also is committed to providing prompt and efficient service to all citizens of Texas.
The TNRCC is committed to providing prompt and efficient service to all citizens of Texas.
®*A good faith effort is required on your contract. A suggested practice is to attempt to achieve your HUB goal on each invoice. If you did not meet your HUB goal,
attach documentation of your "Good Faith Effort" with your invoice and the TNRCC PAR form.
CERTIFICATION REGARDING DEBARMENT -- LOWER TIER
EPA
EPA Project Control Number
United States Environmental Protection Agency
Washington, DC 20460
Certification Regarding
Debarment, Suspension, and Other Responsibility Matters
The Prospective participant certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three -year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d) Have not within a three -year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this proposal or
termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of
up to $10,000 or imprisonment for up to 5 years, or both.
Typed Name & Title of Authorized Representative
Signature of Authorized Representative Date
❑ I am unable to certify to the above statements. My explanation is attached.
EPA Form 5700 -49 111-111