The URL can be used to link to this page

CM-2026-170 - 6/26/2026 Texas A&M University Sponsored Research Services Subaward Agreement #M2601454 Institution/Organization("AGRILIFE") Institution/Organization("COLLABORATOR") Name: Texas A&M AgriLife Extension Service Name: City of Round Rock Address: 400 Harvey Mitchell Parkway South,Suite 300 Address: 221 E.Main College Station,TX 77845-4375 Round Rock,TX 78664-5271 AgriLife PI:Lucas Gregory Collaborator PI:Michael Thane Prime Sponsor:U.S.Environmental Protection Agency FAIN#C9996146300 CFDA#66.460 I CFDA Title:Nonpoint Source Implementation Grants Is the Federal Award R and D?: 0 Yes ®No 15%de minimis IDC rate?0 Yes 0 No Sponsor:Texas Commission On Environmental Quality Sponsor Award#:582-26-00096 Project Title:Brushy Creek Watershed Protection Plan Development Subaward Period of Performance: Amount Funded this Action:$63,000.00 September 1,2025 to August 31,2029 Estimated Project Period:September 1,2025 to August 31,2029 Total Amount Funded to date:$63,000.00 Reporting Requirements: 0 FFATA + Reports(see Attachment 4) Incrementally Estimated Total:Not applicable Cost Share Requirement:$63,000.00 Terms and Conditions I)AGRILIFE hereby awards a Cost Reimbursable Subaward Agreement,as described above,to COLLABORATOR. The statement of work and budget for this Subaward Agreement are(check one):Das specified in COLLABORATOR's proposal dated ;or El as shown in Attachment 5. In its performance of Subaward work,COLLABORATOR shall be an independent entity and not an employee or agent of AGRILIFE. 2)AGRILIFE shall reimburse COLLABORATOR not more often than monthly for allowable costs. Invoices can be submitted using COLLABORATOR's standard invoice,but at a minimum shall include current and cumulative costs(including cost sharing),Subaward number,and certification,as required in 2 CFR 200.415(a)as indicated in the sample invoice in Attachment 7. Invoices that do not reference AGRILIFE's Subaward number shall be returned to COLLABORATOR. Invoices and questions concerning invoice receipt or payments should be directed to AGRILIFE's Administrative contact,as shown in Attachment 3. Payment of invoices shall be contingent upon approval by Principal Investigator. The final statement of cumulative costs incurred,including cost sharing,shall be marked`FINAL'and shall be received no later than 45 calendar days after the completion date. Invoices shall be sent to the Financial contact,as shown in Attachment 3.All invoices with travel expenses shall include receipts for the travel expenses incurred on the invoice. 3)All payments shall be considered provisional and subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the COLLABORATOR. AGRILIFE reserves the right to reject an invoice,in accordance with 2 CFR 200.305. 4)Matters concerning the technical performance of this Subaward Agreement should be directed to the appropriate party's Principal Investigator,as shown in Attachment 3. Technical reports are required as shown above,"Reporting Requirements." 5)Matters concerning the request or negotiation of any changes in the terms,conditions,or amounts cited in this Subaward Agreement,and any changes requiring prior approval,should be directed to the appropriate party's Administrative contact,as shown in Attachment 3. Any such changes made to this Subaward Agreement require the written approval of each party's Authorized Official,as shown in Attachment 3. 6)Each party shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees,officers,or directors,to the extent allowed by law. 7)Either party may terminate this agreement with thirty days written notice to the appropriate party's Administrative contact,as shown in Attachment 3. AGRILIFE shall pay COLLABORATOR for termination costs as allowable under Uniform Guidance,2 CFR 200. 8)No-cost extensions require the approval of the AGRILIFE.Any requests for a no-cost extension should be addressed to and received by the Administrative contact,as shown in Attachment 3,not less than thirty days prior to the desired effective date of the requested change. 9)The Subaward Agreement is subject to the terms and conditions of the Sponsor Award and other special terms and conditions,as identified in Attachment 2 10)By signing below COLLABORATOR makes the certifications and assurances shown in Attachments I and 2. By an Authorized Official of AGRILIFE: By an Authorized Official of COLLABORATOR: /2,Q.l�l�yosZier 04/20/226 al Travis Young,Ph.D Date Name: Br()0kj rlfe7yam. Date Associate Director of Contract Negotiations Title: C (/lam nc Texas A&M Sponsored Research Services T 1"�l J t�f✓/� 47/ CMMao 17 0 M2601454 Initial Agreement Page 1 of 72 Attachment 1 Subaward Agreement M2601454 By signing the Subaward Agreement,the authorized official of COLLABORATOR certifies,to the best of his/her knowledge and belief,that: Certification Regarding Lobbying 1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the COLLABORATOR,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or intending to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the COLLABORATOR shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"to AGRILIFE. 3)The COLLABORATOR shall require that the language of this certification be included in the award documents for all Subaward agreements at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Debarment,Suspension,and Other Responsibility Matters COLLABORATOR certifies by signing this Subaward Agreement that neither it nor its principals are presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. Audit and Access to Records COLLABORATOR certifies by signing this Subaward Agreement that it complies with the Uniform Guidance,will provide notice of the completion of required audits and any adverse findings which impact this Subaward as required by parts 200.501-200.521,and will provide access to records as required by parts 200.336,200.337,and 200.201 as applicable. M2601454 Initial Agreement Page 2 of 72 Attachment 2 Subaward Agreement M2601454 Sponsor Agreement Terms and Conditions Texas Commission On Environmental Quality By signing the Subaward Agreement,the authorized official of COLLABORATOR hereby adopts the terms of the Texas Commission On Environmental Quality Award#582-26-00096("Sponsor Award")in their entirety,incorporate them as attached and set forth herein,and agree to perform and be bound by all applicable terms. In reference to the Sponsor Award attached:(a)references to"Performing Party"or"Texas A&M AgriLife Extension Service" shall be deemed to mean"COLLABORATOR";(b)references to the"TCEQ"or"Texas Commission On Environmental Quality" shall be deemed to mean"AGRILIFE";and(c)references to"Contract"shall be deemed to mean"Subaward Agreement". In the event of any inconsistency between the provisions of this Subaward Agreement and those of the Sponsor Award,the inconsistency shall be resolved by giving precedence to the provisions of the Sponsor Award. Special Terms and Conditions: DATA RIGHTS: COLLABORATOR grants to AGRILIFE the right to use data created in the performance of this Subaward Agreement solely for the purpose of and only to the extent required to meet AGRILIFE'S obligations under its Sponsor Award. COPYRIGHTED MATERIAL: COLLABORATOR grants to AGRILIFE an irrevocable,royalty-free,non-transferable,non- exclusive right and license to use,reproduce,make derivative works,display,and perform publicly any copyrights or copyrighted material(including any computer software and its documentation and/or databases)first developed and delivered under this Subaward Agreement solely for the purpose of and only to the extent required to meet AGRILIFE'S obligations under its Sponsor Award. INSURANCE:COLLABORATOR will obtain and maintain for the length of the project the insurance coverages as indicated in Attachment 6. M2601454 Initial Agreement Page 3 of 72 M2601454 Attachment 2 Sponsor Award Page 1 of 60 TCEQ Contract No 582-26-00096 Texas Commission on Environmental Quality CONTRACT SIGNATURE PAGE Contract Name:Brushy Creek Watershed Protection Plan Development Contract Number: 582-26-00096 Performing Party:Texas A&M AgriLife Extension Services Performing Party Identification Number: 3555555555 EIN: 74-6000537 Maximum Authorized Reimbursement: S253,750.32 Effective Date: ® 09/01/2025 0 Date of last signature Expiration Date: ® 08/31/2029 ❑ Last day of Fiscal Year in which the Contract was effective ® If checked,this Contract requires matching funds. Match Requirement: 40% ® If checked,this Contract is funded with federal funds. Assistance Listing Number:66.46 Federal Grant Number:C9-99614630-0 This Contract is entered under: Gov't Code Ch. 771 (Interagency) ❑Gov't Code Ch.791 (Interlocal) ❑Water Code§ 5.229(Intergovernmental) ®Water Code§ 5.124(Grant) The Texas Commission on Environmental Quality(TCEQ),an agency of the State of Texas,and the named Performing Party,a state agency or local government of the State of Texas,enter this agreement(Contract)to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The Parties agree as follows: (a)to be effective,the Contract must be signed by an authorized official of the TCEQ and the Performing Party;(b)this Contract consists of all documents specified in the list of Contract Documents following this page;and(c)as authorized by TCEQ Performing Party will conduct contract activities as part of its own authorized governmental functions and TCEQ will reimburse allowable costs subject to 2 Code of Federal Regulations(CFR)Part 200 and the Texas Grant Management Standards(TxGMS),as applicable,and this Contract.TCEQ reimbursements will be from current revenues available to TCEQ. Texas Commission on Texas A&M AgriLife Extension Service Environmental Quality CPW194114411 Zr.2025.11.171&42:15 -woo. Authorized Signature Authorized Signature Cari-Michel La Caine Lesli Kerth Printed Name Printed Name Director,Office of Water Associate Director,Contract Negotiations,SRS Title Title 11/20/2025 _ _ 11/17/2025 Date Date /<crtc¢.dta rt¢4, 1 7 ?Z2I C i2 C" Procure is&Contracts Representative Kiniesha Jones Printed Name 11/19/2025 Date Texas Commission on Environmental Quality 1 of 60 Contract Name.Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 4 of 72 M2601454 Attachment 2 Sponsor Award Page 2 of 60 TCEQ Contract No 582-26-00096 CONTRACT DOCUMENTS LIST This Contract between TCEQ and Performing Party consists of the Contract documents listed on this page and any Contract documents added through amendments.In the event of a conflict of terms,conditions,or requirements the Contract documents as amended control in the descending order of the list,subject to provisions in the Special Terms and Conditions,if any. The Contract documents,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 • Federal Section(Including Federal Conditions and Forms) • Scope of Work • General Terms and Conditions • Cost Budget-Matching Funds • Notices,Project Representatives and Records Locations • Attachment A-Release of Claims • Attachment B-Budget Revision Request(BRR) • Attachment C-Personnel Eligibility List(PEL) • Attachment D-Level-of-Effort Certification • Attachment E-Performance Evaluation • Attachment F-Financial Status Report(FSR) Texas Commission on Environmental Quality 2 of 60 Contract Name.Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 5 of 72 M2601454 Attachment 2 Sponsor Award Page 3 of 60 TCEQ Contract No 582-26-00096 SPECIAL TERMS AND CONDITIONS These Special Terms and Conditions add to, or in the case of conflicts, supersede and take precedence,as set forth in the Contract Documents List. 1. 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 Contracts. 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 E). 2. Sections 2, 7,and 8 in the Cost Budget section of the Contract are replaced with: 2. Matching Funds.This Contract requires matching funds. a. The Performing Party agrees to share the costs of the activities described in this Contract. The Performing Party will pay 40% of all allowable costs incurred. TCEQ payments to Performing Party will not exceed 60%of all allowable costs incurred. b. The U.S. Government has provided funds which are included in this Contract. Therefore, additional requirements apply to this Contract that are contained in the Contract Document titled "Federal Conditions". The Performing Party must comply with all applicable Federal Conditions. c. Performing Party's cost share or matching contribution must not be paid from other Federal funds under another award, except where authorized by Federal statute or rule.Performing Party's cost share or matching contribution must not be included as a cost share or match for any other federally-assisted project or program. d. Invoice Submittal: Each request for reimbursement must demonstrate that the Performing Party is contributing 40%of the allowable costs for the period specified on the invoice.Requests for reimbursement showing a match of an amount other than 40%may be rejected by TCEQ. 7. Budget Control,Subsection b.Cumulative transfers greater than 10%of the Total Budget: b. TCEQ must approve in writing all budget revisions that result in the cumulative transfer from cost budget categories of funds greater than 10%of the Total Budget during the Contract Period.The Performing Party must submit a BRR to address this change,and funds cannot be disbursed until TCEQ approves the BRR. 8. Invoice Submittal. Invoices must be submitted to the individuals named in the Notices, Project Representatives and Records Location section of the Contract at quarterly intervals.The reporting periods will correspond to the State of Texas fiscal year(September- November, December-February, March-May, and June-August). Invoices must include Attachment A(FSR). a. Requests for reimbursement must be submitted within 30 days after the close of each quarter with the exception of the last fiscal quarter of the Contract,when invoices will be due within 45 days after the dose of the Contract. Texas Commission on Environmental Quality 3 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 6 of 72 M2601454 Attachment 2 Sponsor Award Page 4 of 60 TCEQ Contract No 582-26-00096 3. CLEAN WATER ACT SECTION 319 NON-POINT SOURCE ASSISTANCE AGREEMENTS PUBLIC AWARENESS TERMS AND CONDrrlONs a.Outreach Signage Requirements The Performing Party agrees to provide signage that informs the public that the project is funded by EPA.The signage shall contain the EPA logo.The Performing Party will work with the TCEQ Project Manager and EPA to obtain the appropriate EPA logo or seal graphic file.The EPA Logo will be displayed meeting the following specifications: EPA Logo and Seal Specifications for Signage produced by EPA Assistance Agreement Recipients.If the physical design of the sign allows,it should also include the following text: "This project has been funded by the United States Environmental Protection Agency"or "This cooperative project has been funded in part by the United States Environmental Protection Agency" Exceptions to including the EPA logo may be made by the Regional 319 Coordinator on recommendation by TCEQ. b. Announcements The Performing Party agrees that announcements through the web or print materials for workshops,conferences,demonstration days or other events as part of a project funded by a 319-assistance agreement shall contain a statement that the materials or conference has been funded by the TCEQ through a grant from the EPA. c.Public or Media Events The Performing Party agrees to notify the TCEQ Project Manager of public or media events publicizing the accomplishment of significant events related to construction projects as a result of this agreement and provide the opportunity for attendance and participation by state or federal representatives with at least fifteen(15)working days'notice. d. Limited English Proficiency Communities To increase public awareness of projects serving communities where English is not the predominant language, the Performing Party is encouraged to include in their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable,provided the costs are reasonable. 4. General Term and Condition 11.1 Insurance is supplemented with the following: The foregoing insurance coverages required of Performing Party's contractors must also protect Performing Party and TCEQ from all claims and liability for injury to persons and for damage to property arising from Performing Party's conduct in connection with any Project Site Tours performed by Performing Party. S. OPERATION AND MAINTENANCE. The Performing Party must assure the continued proper operation and maintenance of all nonpoint source management practices that are successfully implemented under this Contract.The Performing Party must properly operate and maintain the nonpoint source management practices implemented for the expected lifespan of the specific practice in accordance with commonly accepted standards, or 10 years. If the Performing Party awards funds to any subgrantees to perform these projects, this provision must also be included in any related sub-agreement. Texas Commission on Environmental Quality 4of60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 7 of 72 M2601454 Attachment 2 Sponsor Award Page 5 of 60 TCEQ Contract No 582-26-00096 6. EQUIPMENT. Consistent with 2 Code of Federal Regulations(CFR)200.313,title to equipment vests upon acquisition with the Performing Party,pursuant to the following conditions: a). The Performing Party may keep the equipment and continue to use it on the activities under this Contract, or, if no longer needed for this Contract, must use it on other federally-funded projects. b). Per 2 CFR 200.313(b), the Performing Party may manage and dispose of equipment acquired under this Contract in accordance with state laws and procedures. 7. General Term and Condition 4.3.Level-of-Effort Reporting is replaced with: 4.3 Level-of-Effort(LOE)Reporting.The parties agree that 2 CFR Part 200 will control in connection with the condition in the General Terms and conditions regarding Level-of- Effort Certification. Performing Party will submit Financial Status Reports (FSRs) in accordance with the requirements in the Contract and biannual Time and Effort Certification documents to comply with the documentation requirements set forth in 2 CFR § 200.430(i) for salaried employees performing work under this Contract. In order to satisfy the contractual requirements of the level of effort certification(LEC), Performing Party will provide the following: • Performing Party will continue to provide invoices (FSRs) with task numbers for contracts with this requirement. • Performing Party obtains Time &Effort certifications biannually for the following certification periods:January 1 through June 30(certification documents finalized by August 31)and July 1 through December 31 (certification documents finalized by February 28). Performing Party will provide TCEQ Time and Effort certification documents on a biannual basis following the most recent certification period for all applicable personnel on TCEQ contracts to meet compliance of CFR and TxGMS. • The Performing Party shall timely submit the biannual certification upon completion,even when the certification is completed after the end of the Contract Period.This requirement is a continuing obligation that survives the termination or close out of the Contract.TCEQ agrees to not hold payment on invoices that conform with contractual requirements and are submitted prior to the submission of the Time&Effort certifications according to the certification periods indicated above. In an effort to not delay payment for activities that have been completed under this Contract, the Performing Party will provide "in process/collecting" Time & Effort documents to TCEQ with the final invoice submission and shall submit the biannual certification within 30 days of its finalization(according to the certification periods indicated above). • Performing Party will add the TCEQ contract number to the Account/Project Description contained in the Time and Effort certification documents. • Due to the limited number of character fields available in Performing Party's Time and Effort system,TCEQ is agreeable to Performing Party only providing the last 7 digits of the TCEQ contract number as the Account/Project Description. Texas Commission on Environmental Quality 5 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 8 of 72 M2601454 Attachment 2 Sponsor Award Page 6 of 60 TCEQ Contract No 582-26-00096 8. General Term and Condition 9.1 Quality and Acceptance is replaced with: 9.1 Quality. All work performed under this Contract is performed on a best effort basis meaning that the Performing Party will reasonably comply with the Contract's Scope of Work, including any quality assurance requirements, but guarantees no specific research-based results. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 9. General Term and Condition 10.Intellectual Property is replaced with: 10.1 Third Party Intellectual Property.The Performing Party shall use reasonable efforts to comply with all laws and regulations relating to intellectual property.The Performing Party represents and certifies to TCEQ that in performing activities under this Contract, they will not knowingly infringe on any intellectual property rights of any third party. The Performing Party further represents and certifies to TCEQ that in the course of performing the Contract activities it will not knowingly use or possess any intellectual property owned by a third party without express permission or paying any required royalty or patent fees. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract, subject to any existing or previous license agreement or commitments.Performing Party shall obtain and furnish to TCEQ documentation on the use of such intellectual property, and notify TCEQ regarding any restrictions on the use of the third party intellectual property. 10.2 Grant of License. With respect to any intellectual property that is developed by the Performing Party or its employees and subcontractors during the course of performing the Contract activities,the Performing Party grants TCEQ(1)a nonexclusive,perpetual, irrevocable, enterprise-wide license to reproduce, publish, or otherwise use such intellectual property for any non- commercial purposes and associated use documentation, and(2) a nonexclusive, perpetual, irrevocable, enterprise-wide license to authorize others to reproduce, publish, or otherwise use such intellectual property for TCEQ's non-commercial purposes and TCEQ shall not sublicense any intellectual property developed by the Performing Party without prior approval from the Performing Party's Administration. 10.3 Modification; Derivative Works. TCEQ shall have the right, in its own discretion, to modify any intellectual property developed under this Contract and to which license is granted under this Contract for non-commercial purposes. The rights of Performing Party in any modification or derivative works shall be determined in accordance with applicable law. The Performing Party shall not be responsible for or liable for any modifications by TCEQ or its contractors and authorized agents of such intellectual property. 10. General Term and Condition 12.1 Termination for Cause and 12.2 Termination for Convenience are replaced with: 12.1 Termination for Cause. TCEQ may, upon providing 30 days' written notice and the opportunity to cure to the Performing Party, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. Texas Commission on Environmental Quality 6 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 9 of 72 M2601454 Attachment 2 Sponsor Award Page 7 of 60 TCEQ Contract No 582-26-00096 12.2 Termination for Convenience. TCEQ may,upon providing 30 days'written notice to the Performing Party, terminate this Contract for convenience.Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination and non-cancellable costs. Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination 11.General Term and Condition 18.8 Venue now reads in its entirety: 18.8 Venue.Reserved 12.General Term and Condition 2.3.Abortion Funding Limitation is replaced with: 2.3 Abortion Funding Limitation. Performing Party represents that payments made by TCEQ to Performing Party and Performing Party's receipt of appropriated funds under the Contract are not prohibited by Article IX, Section 6 of the General Appropriations Act,nor by Texas Government Code Chapter 2273 Prohibited Transactions. 13.General Term and Condition 15.Survival of Obligations is replaced with: 15.Survival of Obligations. Except where a different period is specified in this Contract or • applicable law, all representations and indemnifications, required by or given in accordance with the Contract,as well as all continuing obligations indicated in the Contract, survive for four(4)years beyond the termination or completion of the Contract, or until four(4)years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding,permit application,or State Office of Administrative Hearings proceeding,which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract.Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 14.General Term and Condition 6.12 Prohibited Technologies is replaced with: 6.12 Prohibited Technologies. Performing Party certifies that Prohibited Technologies will not be used on any of Performing Party's or its employees',contractors',and subcontractors' devices,including personally-owned devices,if those devices are used to access state owned data or information systems.These devices include cell phones,tablets,desktop and laptop computers,and other internet-capable devices."Prohibited Technologies"refers to software, applications, technologies, hardware, and equipment, and any of the aforementioned items made by the developers or manufacturers on the Prohibited Technologies list located on the Texas Department of Information Resources' website at: https://dir.texas.gov/information- securitv/covered-applications-and-prohibited-technologies. 15.General Term and Condition 4.7 Release of Claims is replaced with: 4.7 Release of Claims.As a condition to final payment or settlement,or both,the Performing Party,shall execute and deliver to the TCEQ a release of claims against the TCEQ for payment under the Contract. The release of claims is subject to approval of the Texas Attorney General's Office. Texas Commission on Environmental Quality 7 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 10 of 72 M2601454 Attachment 2 Sponsor Award Page 8 of 60 TCEQ Contract No 582-26-00096 16.General Term and Condition 4.8 State Agencies/Institutions of Higher Education is replaced with: 4.8 State Agencies/Institutions of Higher Education.If the Performing Party is a state agency or institution of higher education(IHE), payments must be made via interagency transaction voucher(ITV).Please provide a Recurring Transaction Index(RTI)number on the face of the invoice.If a state agency or IHE Performing Party wishes for payment to be made by a method other than ITV, it must make arrangements with TCEQ that are acceptable to the Texas Comptroller of Public Accounts and TCEQ as provided in Tex.Gov.Code sec. 771.008. 17.General Term and Condition 5.1.2 is replaced with: 5.1.2.Upon request by TCEQ or its authorized representative,Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during reasonable business hours to its directly related financial records by TCEQ and other state agencies for the purpose of inspection and audit. 18.General Term and Condition 6.4 Performing Party's Responsibilities for Subcontractors is replaced with: 6.4 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors,suppliers,and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. Performing Party represents and certifies that it will maintain oversight to ensure that subcontractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 19.General Term and Condition 6.5 Performing Party's Responsibilities for Subrecipients is replaced with: 6.5 Performing Party's Responsibilities for Subrecipients.Performing Party represents and certifies that it will monitor the activities of any subrecipients as necessary to ensure that the subaward is used for authorized purposes, in compliance with applicable statutes, regulations,and the terms and conditions of the subaward,and that subaward performance goals are achieved. 20.General Term and Condition 6.8 Excluded Parties is replaced with: 6.8 Excluded Parties. Performing Party represents and certifies that it is not listed in the prohibited vendors lists authorized by Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism," published by the United States Department of the Treasury, Office of Foreign Assets Control.Performing Party will notify TCEQ if it can no longer make this representation. Texas Commission on Environmental Quality 8 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 11 of 72 M2601454 Attachment 2 Sponsor Award Page 9 of 60 TCEQ Contract No 582-26-00096 GRANT FEDERAL TERMS AND CONDITIONS 1. This Contract is funded by a Federal Financial Assistance Award from the [United States Environmental Protection Agency(EPA)].TCEQ's federal grant award is attached/available upon request.Any additional federal funding conditions that arise during the Contract period are incorporated herein by reference. 2. TCEQ as recipient and the Performing Party as subrecipient must follow all of the following requirements,as applicable: • 2 CFR Part 200,found at httns://www.ecfr.gov/current/title-2/subtitle-A/chapter- II/part-200 • EPA's General Terms and Conditions,found at https://www.epa.gov/grants/grant- terms-and-conditions#general • The federal funding award[attached,including the following Administrative and/or Programmatic Conditions from that award:] • Federal non-discrimination laws,Executive Orders,and EPA regulations prohibiting discrimination in the provision of services or benefits,on the basis of race,color, national origin, sex,disability or age,in programs or activities receiving federal financial assistance in accordance with Title VI of the Civil Rights Act of 1964, Section 13 of the Federal Water Pollution Control Act Amendments of 1972,Section 504 of the Rehabilitation Act of 1973,Title IX of the Education Amendments of 1972,and The Age Discrimination Act of 1975.Additionally,programs must be implemented in accordance with federal provisions protecting free speech,religious liberty,public welfare,and the environment. 3. The following EPA General Terms and Conditions or EPA award terms are not applicable to this Contract: a. Any Project Description beyond the Scope of Work of this Contract. b. Any conditions or terms regarding direct communication or submission of data, reports,or financial information to EPA including: i. Correspondence Condition, il. Federal Financial Reporting(FFR), Closeout Requirements, iv. Transfer of Funds, v. Electronic/Digital Signatures on Financial Assistance Agreement Form(s)/Document(s), vi. Extension of Project/Budget Period Expiration Date,or vii. Post-Award Disclosure of Current and Pending Support on Research Grants. c. Reimbursement Limitation regarding EPA's financial obligations to TCEQ. d. Automated Standard Application Payments(ASAP)and Proper Payment Draw Down for Electronic Payments. 4. Acknowledgement.The Performing Party shall acknowledge the financial support of TCEQ and the EPA on any reports,documents,publications,or other materials developed for public distribution.The Performing Party must include the following statement: Texas Commission on Environmental Quality 9 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 12 of 72 M2601454 Attachment 2 Sponsor Award Page 10 of 60 TCEQ Contract No 582-26-00096 "This project has been funded[wholly or in part]by the United States Environmental Protection Agency under assistance agreement(number)to the Texas Commission on Environmental Quality.The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency or TCEQ nor does the Environmental Protection Agency or TCEQ endorse trade names or recommend the use of commercial products mentioned in this document,as well as any images,video,text,or other content created by generative artificial intelligence tools,nor does any such content necessarily reflect the views and policies of the Environmental Protection Agency or TCEQ." 5. Violating Facilities.The Performing Party certifies that is has not been convicted,and is not likely to be convicted,of any offense under section 7413(c)of the Clean Air Act(42 U.S.C. §7413(c))or section 1319(c)of the Clean Water Act(33 U.S.C. §1319(c)).If the Performing Party is convicted of an offense described in those sections,the Performing Party will notify TCEQ and EPA.The Performing Party shall be in compliance with all applicable standards, orders or requirements issued under Executive Order 11738.The Performing Party is disqualified from eligibility to receive any contract, subcontract,assistance, sub-assistance, loan or other nonprocurement benefit or transaction that is prohibited by a Federal department or agency under the Government-wide debarment and suspension system(see 2 CFR part 180),if the Performing Party: (a) Will perform any part of the transaction or award at the facility giving rise to a conviction(called the violating facility);and (b) owns,leases or supervises the violating facility. 6. By signing this Contract,the Performing Party agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401- 7671q),as amended,and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as amended. 7. Prohibition against Lobbying.By signing this Contract,the Performing Party certifies,to the best of its knowledge and belief that: a. No Federal appropriated funds have been paid or will be paid,by or on behalf of the Performing Party to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress in connection with this Federal contract,grant,loan, or cooperative agreement,the Performing Party shall complete and submit Standard Form-La."Disclosure Form to Report Lobbying."in accordance with its instructions. c. The Performing Party shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontractors, subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or Texas Commission on Environmental Quality 10 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 13 of 72 M2601454 Attachment 2 Sponsor Award Page 11 of 60 TCEQ Contract No 582-26-00096 any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal award. d. Any person who makes an expenditure prohibited herein shall be subject to a federal civil penalty of not less than$10,000 and not more than$100,000 for each such expenditure.Any person who fails to file or amend the disclosure form to be filed or amended if required herein,shall be subject to a civil penalty of not less than$10,000 and not more than S100,000 for each such failure. 8. The Performing Party must complete and submit the following attached forms prior to or upon signature of this contract,unless otherwise indicated: • TCEQ Federal Funding Accountability and Transparency Act Reporting Form • TCEQ Disadvantaged Business Enterprise(DBE)Program Minority Business Enterprise and Women's Business Enterprise(WBE)Expenditure Report, submitted with each request for reimbursement or invoice.The Performing Party must follow the six good-faith efforts under 40 CFR Section 33.301(a)-(f).and 40 CFR Section 33.302(a)- (d).(i)whenever procuring construction,equipment, services and supplies to perform this Contract.TCEQ's established fair share objectives apply to this Contract: MBE GOAL(%) WBE GOAL(%) Construction 21.43 6.78 Equipment 22.05 6.27 Services 24.34 25.85 Supplies 31.06 17.66 9. Cybersecurity. a. Any connection between the Grantee's network or information technology system and an EPA network or information technology system used to transfer data under this agreement must be secure.A connection is a dedicated persistent interface between the Grantee's network or information technology system and EPA's network or information technology system for the purpose of transferring information. b. The Grantee will contact the EPA Project Officer(PO)and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements,including entering into Interconnection Service Agreements as appropriate.Contact the TCEQ Grant Manager for the EPA PO's contact information. c. This condition does not apply to(1)transitory user-controlled connections, such as website browsing,(2)manual entry of data by the Grantee into systems operated and used by EPA's regulatory programs for the submission of reporting and/or compliance data,or(3)Grantee's connections that use the Environmental Information Exchange Network or EPA's Central Data Exchange. Texas Commission on Environmental Quality 11 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 14 of 72 M2601454 Attachment 2 Sponsor Award Page 12 of 60 TCEQ Contract No:582-26-00096 Texas Commission on Environmental Quality (TCEQ) i<01011oliss"0 cs"' 2 Disadvantage Business Enterprise (DBE) Program Expenditures Report y Minority Business Enterprise (MBE) and Women-Owned Business Enterprise(WBE) Expenditures 441ENTAL-OJP� Federally Funded Grants Grantee Name: Grantee ID: Grantee Point of Contact(POC) Name: POC Phone Number: TCEQ Contract#: _ POC Email: Invoice#: MBE/WBE Subcontractor Expenditures During this Reporting Period Was this payment for Services, Equipment or Indicate MBE or MBE/WBE Subcontractor/ Business Vendor ID#: Supplies? WBE Amount Paid Total Paid: $0.00 A DBE is a Disadvantaged,Minority,or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certifies by EPA.Subcontractor is defined as a company,firm,joint venture,or individual who provides goods or services pursuant to an EPA award of financial assistance.This does not include a grantee's subrecipients. Affirmation.The information provided on this form is accurate and complete. Signature: Date: End of Worksheet Texas Commission on Environmental Quality 12 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 15of72 M2601454 Attachment 2 Sponsor Award Page 13 of 60 TCEQ Contract No 582-26-00096 Federal Funding Accountability and Transparency Act ® ; This form is required to be completed by the subrecipient for contracts funded wholly or / partially with federal funds by TCEQ.In accordance with 2 Code of Federal Regulation (CFR)Part 170 and the Federal Funding Accountability and Transparency Act,as amended,TCEQ must collect subrecipient information for transactions S30,000 or greater. Information completed by TCEQ Program Area: TCEQ Contract 582-26-00096 No./PCR Information completed by Subrecipient: Legal Name of Entity Texas A&M AgriLife Extension Service Unique Entity Identifier(UEI) DM2CDWR8LAG3 Exemption from reporting compensation information * ❑ Please check box for exemption from reporting if in the preceding fiscal year either of the following bulleted items applied: • Recipient received less than 80%of its annual gross revenues in Federal awards[federal contracts (and subcontracts),loans,grants(and subgrants)and cooperative agreements];and the recipient received less than S25,000,000 in annual gross revenues from Federal awards.OR • the public has access to information about compensation of the senior executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. Total Compensation and Names of Top Five Executives(if applicable) Name Compensation Amount Subrecipient Responsible Party Title Print Name Signature/Date Assoc.Dir.,Contract Lesli Kerth Digitally signed by Lest lh91 Date2@5.11.1716:4139 11/17/2025 Negotiation,TAMU SRS I � y TCEQ 20589(Rev. 5-17-22) Texas Commission on Environmental Quality 13 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 16 of 72 M2601454 Attachment 2 Sponsor Award Page 14 of 60 TCEQ Contract No 582-26-00096 OeM1vs Federal Funding Accountability and Transparency Act }P� 1.\��©moo= This form is required to be completed by the subrecipient for contracts funded wholly %90��, or partially with federal funds by TCEQ.In accordance with 2 Code of Federal N'MEN7LL� Regulation(CFR)Part 170 and the Federal Funding Accountability and Transparency Act,as amended,TCEQ must collect subrecipient information for transactions$30,000 or greater. FFATA Form Instructions Information completed by TCEQ Program Area: This field should be completed by TCEQ program area. • TCEQ Contract No./PCR-Enter the Contract Number and Procurement Control Request (PCR)generated by Budget Accounting and Monitoring System(BAMS)when the original contract is first established. The PCR number does not need to be provided if it is the same as the last five digits of the Contract number. Information completed by Subredpient: Each field requires a response by the subrecipient. • Legal Name of Entity-Enter name of the subrecipient organization that corresponds with subrecipient's Unique Entity Identifier(UEI)as it appears in the System for Award Management(SAM)profile,www.sam.gov. • UEI-Enter subrecipient's organization's 12-digit UEI as it appears in its SAM Profile. Effective April 4,2022,the UEI replaced the DUNS Number for the purpose of completing this form.To find your UEI or request a UEI,visit SAM.gov. • Total Compensation and Names of Top Five Executives(if applicable)-As defined in 2 CFR 170.110,you must report Executive Compensation from your preceding fiscal year unless any of the exemption criteria apply. • Subrecipient Responsible Party-The person completing the form should provide title, printed name,signature,and date the form was signed. Return completed and signed form to TCEQ Contract Manager. TCEQ 20589(Rev. 5-17-22) Texas Commission on Environmental Quality 14 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 17 of 72 M2601454 Attachment 2 Sponsor Award Page 15 of 60 TCEQ Contract No 582-26-00096 BRUSHY CREEK WATERSHED PROTECTION PLAN DEVELOPMENT SCOPE OF WORK The project will enhance ongoing efforts in the Brushy Creek watershed, such as routine water quality monitoring and watershed characterization. In collaboration with local stakeholders, this project will develop a watershed protection plan(WPP)that complies with the United States Environmental Protection Agency's(EPA)'s Nine Key Elements. All Deliverable dates are calendar days unless otherwise specified. Task 1:Project Administration Objective:To effectively administer,coordinate,and monitor any work performed under this project including contractual,technical and financial activities and the submission of Progress Reports. Subtask 1.1:Project Oversight—The Performing Party will provide contractual,technical,and fiscal oversight of work performed by project staff and/or subgrantee(s)/subcontractor(s)to ensure Tasks and Deliverables are acceptable and completed as scheduled and within budget. Project oversight status will be provided to the TCEQ Project Manager with the quarterly Progress Reports. Subtask 1.2:Progress Reports(PRs)—The Performing Party will submit PRs to the TCEQ Project Manager by the 15'°of the month following the end of each quarter.If the 15'is not a business day,the PR is due on the next business day.PRs will include reporting on the status of Deliverables and proposed revisions to due dates,narrative descriptions of progress made on each Task,including Subtasks,and the status of nonconformances/corrective actions.The TCEQ Project Manager will provide a PR template to the Performing Party. Subtask 1.3:Reimbursement Forms(Financial Status Reports)—The Performing Party will submit reimbursement forms in accordance with the Special Terms and Conditions article in the Contract. Subtask 1.4:Contract Communication—The Performing Party will maintain regular telephone and/or email communication with the TCEQ Project Manager regarding the status and progress of the project and any matters that require attention between PRs.The Performing Party will participate in project meetings(in person or virtual)with the TCEQ Project Manager to discuss items such as Tasks,financial status,Quality Assurance Project Plans(QAPPs),and corrective actions.The Performing Party will provide meeting notes and identify action items within seven days of each project meeting. The Performing Party will attend a workshop hosted by TCEQ and a project-specific post award meeting with the TCEQ Project Manager to discuss details of the project and due dates for Deliverables at the beginning of the project.The post award meeting will serve as the first project meeting. Subtask 1.5:Performing Party Evaluation—The Performing Party will participate in an annual Performing Party Evaluation at the end of each state fiscal year.The TCEQ Project Manager will provide a draft annual evaluation to the Performing Party for comment before a final evaluation is completed. Texas Commission on Environmental Quality 15 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 18of72 M2601454 Attachment 2 Sponsor Award Page 16 of 60 TCEQ Contract No 582-26-00096 Subtask 1.6:Coordination Call with EPA—Upon request by TCEQ the Performing Party will participate in a call with EPA to share progress on goals,measures of success,challenges,and draft documents. Subtask 1.7:Project Article—The Performing Party,upon request by TCEQ will provide a project article that will state the project's purpose,describe the activities of the past fiscal year, and include photographs of the project.The Performing Party will address TCEQ comments on the draft version and provide a final article. Subtask 1.8:Contract Budget Updates—The Performing Party will provide updated budget estimates on a quarterly basis.These updates,recorded in PRs,will be revised when fiscal year spending projections change,or upon request by the TCEQ Project Manager.In the second year of the Contract,the Performing Party will provide an Annual Budget Update for the current state fiscal year detailing spending projections associated with planned project activities.The TCEQ Project Manager will provide a template for the Annual Budget Update. Deliverables: 1.2 PRs(quarterly) 1.3 Reimbursement forms(see Special Terms and Conditions section in the Contract) 1.4 Project meeting notes and action items(quarterly,within seven(7)days following the meeting) 1.4 Post-award meeting notes and action items(within seven days(7)following the meeting) 1.5 Documentation of the Performing Party's participation in the performance evaluation (annually,within seven(7)days following request) 1.6 Coordination call with EPA(upon request) 1.7 Project Article and photographs(upon request) 1.8 Annual Budget Update(within 14 days following receipt of written request) Task 2: Quality Assurance Objective:To refine,document,and implement data quality objectives(DQOs)and quality assurance/quality control(QA/QC)activities that ensure data of known and acceptable quality are generated by this project. Subtask 2.1:QAPP Planning Meetings—The Performing Party will schedule a QAPP planning meeting with the TCEQ Project Manager,within 30 days of Contract execution,to discuss project activities and the elements in the applicable QAPP Shell.The information developed during this meeting will be incorporated into a QAPP by the Performing Party.The TCEQ Project Manager will provide the appropriate shell(s)to the Performing Party. Subtask 2.2:QAPP—The Performing Party will develop and submit to TCEQ a QAPP with project-specific DQOs and other components consistent with the following documents: TCEQ QAPP Shell(s)/example(s)-provided by TCEQ Project Manager EPA Quality Assurance Proiect Plan Standard(CIO 2105-S-02.0) The Performing Party will develop the QAPP in consultation with the TCEQ Project Manager,QA staff,and subgrantees/subcontractors(if any).The Performing Party will address comments and submit a final QAPP for review.The QAPP must be signed by TCEQ before the Performing Party and its subcontractors(s)/subgrantees(s)can initiate environmental data operation. Subtask 2.3:QAPP Annual Reviews and Revisions—The Performing Party will submit documentation certifying its annual review or supporting the revision of the QAPP at least 90 days prior to the QAPP anniversary or expiration date.QAPP Amendments approved since the initial QAPP approval or a subsequent certified annual review(if applicable)must be submitted Texas Commission on Environmental Quality 18 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 19 of 72 M2601454 Attachment 2 Sponsor Award Page 17 of 60 TCEQ Contract No 582-26-00096 along with the certification.For multi-year QAPPs,if extensive changes are necessary,a full revision is required.No work described in a QAPP will be conducted outside the effective QAPP period. Subtask 2.4:QAPP Amendments—The Performing Party will submit Draft QAPP Amendments for TCEQ review when changes to the QAPP are necessary.The TCEQ Project Manager will provide a QAPP Amendment Shell.Draft QAPP Amendments should be submitted at least 90 days prior to the scheduled initiation of changes and must be accompanied by a justification,summary of changes,and detail of changes.The Performing Party will submit Final QAPP Amendments within 30 days of receipt of any comments provided by TCEQ.Final QAPP Amendments will be submitted to TCEQ with the Performing Party's signatures and responses to comments and circulated for appropriate TCEQ signatures.QAPP Amendments must be approved by TCEQ before the Performing Party and its subcontractors(s)/subgrantees(s)can implement any changes conveyed within those QAPP Amendments. Subtask 2.5:Corrective Action Plans(CAPs)—The Performing Party will provide CAPs,as needed,to document deviations from the approved QAPP,including,but not limited to deviations from sampling method requirements,sample design,failures associated with chain- of-custody procedures,or failures associated with field and laboratory measurement systems. Draft CAPs will be submitted to TCEQ for review by TCEQ's designated due date.The Performing Party will address TCEQ's comments and will submit final CAPs to TCEQ by the designated due date. Subtask 2.6:Quality Assurance Audits—The Performing Party will participate in quality assurance-related auditing activities conducted by TCEQ as described in the QAPP.The Performing Party will provide responses to any audit finding(s)or deficiencies within a timeframe designated by TCEQ. Deliverables: 2.1 QAPP Planning Meeting and notes(meeting within 30 days following Contract execution, notes due within seven days following meeting) 2.2 Draft QAPP(120 days prior to the scheduled initiation of environmental data operations) 2.2 Final QAPP(60 days prior to the scheduled initiation of environmental data operations) 2.3 QAPP Annual Reviews and Revisions(at least 90 days prior to the QAPP approval anniversary) 2.4 Draft QAPP Amendments(at least 90 days prior to the scheduled initiation of changes or additions to activities listed in the current QAPP) 2.4 Final QAPP Amendments(at least 30 days prior to the scheduled initiation of changes or additions to activities listed in the current QAPP) 2.5 Draft CAPs(as needed,within 14 days after receiving request) 2.5 Final CAPs(within 14 days of receiving TCEQ comments) 2.6 Documentation of participation in Quality Assurance Audits,including dates audits were conducted(as needed,in PRs) Task 3:Watershed Stakeholder Coordination Objective:To develop,coordinate,and facilitate stakeholder involvement in the watershed planning process that will enable local decision making for the project.This Task will also include educational programs and a plan for media outreach.This Task will partially complete Element E of the EPA's nine key elements for a watershed-based plan.The Performing Party will translate public outreach materials into Spanish and provide a translator for public meetings, as needed. Texas Commission on Environmental Quality 17 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 20 of 72 M2601454 Attachment 2 Sponsor Award Page 18 of 60 TCEQ Contract No 582-26-00096 Subtask 3.1:Public Involvement Plan(PPP)—The Performing Party will update an existing PPP detailing the strategy for engaging the public and stakeholders in the watershed planning process for the Brushy Creek watershed.The PPP will,at a minimum,include 1)stakeholder group ground rules,2)stakeholder group structure(i.e., steering committee,work groups)and membership, 3)stakeholder meetings topic/purpose and tentative schedule,and 4)a targeted outreach and education plan. Subtask 3.2:Stakeholder Group Development,Coordination,and Facilitation—The Performing Party will seek to engage stakeholders from throughout the watershed that includes citizens,agricultural interests,local businesses,local and governmental entities and elected officials,state and federal agencies,and environmental and special interest groups.The Performing Party will develop and maintain a contact list of stakeholders and convene and facilitate stakeholder meetings throughout the course of the project,hosting at least eight stakeholder/work group meetings.Specifically,the Performing Party will be responsible for: • Developing and maintaining a stakeholder contact list; • Developing agendas,arranging meeting facilities,and sending email notifications for meetings; • Providing information requested by stakeholders prior to and following meetings; • Updating stakeholders on project progress;and • Arranging presentations by guest speakers as appropriate,offering useful information to stakeholders. Agendas and presentation materials for stakeholder meetings will be submitted to the TCEQ Project Manager for review and approval at least 14 days prior to distribution. Subtask 3.3:Education and Outreach—The Performing Party will implement an outreach campaign(as described in the PPP)by working closely with stakeholders,local river authorities, county extension agents,county Natural Resource Conservation Service agents,applicable state agency staff,local governments,and other interested groups.The Performing Party will conduct two educational events.Agendas and presentation materials for stakeholder meetings will be submitted to the TCEQ Project Manager for review and approval at least 14 days prior to distribution. Subtask 3.4:Media and Public Awareness—The Performing Party will send press releases to local media personnel regarding educational opportunities and project updates.The Performing Party will develop a project website and make updates available for the stakeholders and the general public.The Performing Party will: • Host,create and maintain a project webpage; • Hold public events(provide project information and presentations at events)as appropriate(Subtask 3.3); • Maintain an email list for notifying stakeholders of activities and meetings; • Publish public press releases;and • Develop and distribute email notices and updates. Press releases,email notices and updates,and website updates will be submitted to the TCEQ Project Manager for approval at least 14 days prior to distribution or release. Deliverables: 3.1 Draft Public Participation Plan(quarter 2,month 1) 3.1 Final Public Participation Plan(within 15 business days of receiving comments) 3.2 Stakeholder contact list,updated(quarterly,with PRs) 3.2 Agendas,presentations,and educational materials for stakeholder meetings,minimum of eight(at least 14 days prior to event or distribution) Texas Commission on Environmental Quality 18 of 80 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 21 of 72 M2601454 Attachment 2 Sponsor Award Page 19 of 60 TCEQ Contract No 582-26-00096 3.2 Documentation of stakeholder meetings,including presentations,agendas,attendance lists,and summaries,minimum of eight(with PRs) 3.3 Agendas,presentations,and educational materials for educational events,minimum of two(at least 14 days prior to event or distribution) 3.3 Documentation of educational events,including materials,presentations,agendas, attendance lists,and summaries,minimum of two(with PRs) 3.4 Draft press releases,one per stakeholder meeting and educational event;minimum of 10 (at least 14 days prior to distribution) 3.4 Final press releases,minimum of 10(with PRs) 3.4 Draft email notices and updates,minimum of one per stakeholder meeting and educational event;minimum 10(at least 14 days prior to distribution) 3.4 Final email notices and updates,minimum of one per stakeholder meeting and educational event;minimum 10(with PRs) 3.4 Documentation of website updates,minimum of twice per year(with PRs) Task 4:WPP Development Objective:To develop a stakeholder driven WPP that satisfies the nine key elements of an EPA watershed-based plan and present prioritized strategies for the implementation of best management practices(BMPs)to restore and protect the water quality of the water bodies. Subtask 4.1:Timeline Development and WPP Review Plan—The Performing Party will develop a timeline and document review plan at the beginning of the project.The review plan will include a timeframe for submittal of the draft WPP to stakeholders and TCEQ for review and a timeframe for TCEQ to submit the draft WPP to EPA for review.The Performing Party will notify stakeholders and TCEQ of any changes to the timeline. Subtask 4.2:WPP Development—The Performing Party,in collaboration with project partners, will develop a WPP for the Brushy Creek watershed that is consistent with decisions made by stakeholders through the watershed planning process and incorporates findings from project reports.Drafts will be submitted to stakeholders and TCEQ for review,and the Performing Party will respond to all comments. TCEQ will submit the final draft WPP to EPA for review after the Performing Party has addressed TCEQ's comments.The Performing Party will respond to all EPA comments and produce a final WPP. Subtask 4.3:WPP Distribution—The Performing Party will make the final WPP document available to stakeholders through the project website.The Performing Party will submit an electronic copy of the EPA-accepted WPP to the TCEQ Project Manager.The EPA-accepted WPP will be updated to develop a print-ready version. Deliverables: 4.1 WPP timeline and document review plan(by the end of quarter 2) 4.2 Draft WPP to stakeholders(quarter 9,month 1) 4.2 Address stakeholder comments and finalize draft(s)(30 days after receipt of comments) 4.2 Initial Draft WPP to TCEQ(quarter 9,month 3) 4.2 Address TCEQ comments and finalize draft(s)(30 days after receipt of comments) 4.2 Address EPA comments(15 days after receipt of comments) 4.2 Final WPP to TCEQ(by the end of quarter 12) 4.3 Documentation of EPA-accepted WPP posted to the website(within 30 days following acceptance from EPA) 4.3 Electronic copy of EPA-accepted WPP submitted to TCEQ(within 30 days following acceptance from EPA) Texas Commission on Environmental Quality 19 of 60 Contract Name.Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 22 of 72 M2601454 Attachment 2 Sponsor Award Page 20 of 60 TCEQ Contract No:582-26-00096 4.3 Development of a print-ready EPA-accepted WPP posted to website(within 90 days following acceptance from EPA) Task 5:Final Report Objective:To produce a Final Report that summarizes all completed activities and the amount of funds spent on the project. Subtask 5.1:Final Report—The Performing Party will submit the final approved PR from Subtask 1.2 as the Final Report.This final PR will summarize all project activities and document submittal of all Deliverables. Deliverables: 5.1 Final Report(within 15 days of TCEQ approval of last quarterly PR) Texas Commission on Environmental Quality 20 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 23 of 72 M2601454 Attachment 2 Sponsor Award Page 21 of 60 TCEQ Contract No 582-26-00096 GENERAL TERMS AND CONDITIONS Revised September 5, 2025 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 State of Texas Fiscal Year in which the Contract is signed. 1.2. Written Amendments. This Contract is not subject to competitive selection requirements and may be amended by mutual agreement. Except as specifically allowed by the Contract,all changes to the Contract require a written amendment that is signed by both parties. 1.2.1. Material Changes. Material changes to the Contract require a written amendment signed by both parties.These amendments take effect when signed by the Performing Party and TCEQ unless otherwise designated in the amendment.Material changes include the following: 1.2.1.1. Changes in the total amount of funds in the Budget or the Contract; 1.2.1.2. Changes to the Contract's Expiration Date; 1.2.1.3. Changes to the Scope of Work that affect TCEQ's obligations to the entity providing funding,such as the United States Environmental Protection Agency(EPA),another state or federal agency,or the Texas Legislature;and 1.2.1.4. Changes that affect the material obligations of the Performing Party in this Contract. 1.2.2. Unilateral Amendments. As specifically allowed by the Contract,TCEQ may issue unilateral amendments.Unilateral amendments take effect when issued by TCEQ. 1.2.3. Minor Changes. The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority,without a written amendment,to correct typographical errors;make written Contract interpretations;and make minor,non-material changes to the requirements in the Scope of Work,the Procedures for Work Orders, or the Work Orders(including Proposals for Grant Activities);or as agreed to elsewhere in the Contract.Performing Party must provide TCEQ with a written objection to any Minor Change no later than five(5)business days from the effective date of the Minor Change.A copy of the agreed change shall be retained in the appropriate file by both the Performing Party and TCEQ. 1.2.3.1. Minor,non-material changes include: 1.2.3.1.1. Changes to the schedule in the Scope of Work including an extension of a deliverable due date,not to exceed the expiration date of the Contract; 1.2.3.1.2. Changes to the schedule in the Work Order including an extension of a deliverable due date,not to exceed the expiration date of the Work Order. Texas Commission on Environmental Quality 21 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 24 of 72 M2601454 Attachment 2 Sponsor Award Page 22 of 60 TCEQ Contract No 582-26-00096 1.2.3.1.3. Changes to the individual tasks/activities in the Scope of Work or Work Order,if applicable,that do not substantially change the obligations of the Parties relative to those tasks/activities; 1.2.4. It is the Performing Party's responsibility to request extensions to the deliverable schedule and other changes that are within the authority of TCEQ. 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment,an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1. Grants. If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.2. 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 amended. 2.2.1. 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,including appropriation by the Texas Legislature,for the purposes of this Contract or the respective claim, suit or obligation,as applicable.This Contract is contingent on the continuing appropriation of funds,and funds may be limited by the term of each state biennium. Performing Party agrees that if the funds appropriated to the Agency for this grant program are required to be reallocated to fund other federal or state programs or purposes,TCEQ is not liable to pay any remaining balance on this grant.This Contract shall not be construed to create debt against the State of Texas.Performing Party will ensure that this article is included in any subcontract it awards. 2.2.2. 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 not obligated to extend deadlines to match the maximum period of the funding. 2.3. Abortion Funding Limitation. Performing Party represents and warrants that payments made by TCEQ to Performing Party and Performing Party's receipt of appropriated funds under the Contract are not prohibited by Article IX,Section 6.24 of the General Appropriations Act,nor by Texas Government Code Chapter 2273 Prohibited Transactions. 3. ALLOWABLE COSTS 3.1. Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable allowable costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. 3.2. TxGMS. Allowable costs are restricted to costs that comply with the Texas Grant Management Standards(TxGMS)and applicable state and federal rules and law. The parties agree that all the requirements of TxGMS apply to this Contract, Texas Commission on Environmental Quality 22 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 25 of 72 M2601454 Attachment 2 Sponsor Award Page 23 of 60 TCEQ Contract No 582-26-00096 including the criteria for 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. Performing Party shall invoice TCEQ to request reimbursement for its allowable costs incurred in performing the Scope of Work. Performing Party's invoice shall conform to all reimbursement requirements specified by TCEQ.The invoice must include the Financial Status Report,or if specifically allowed in the Contract, substitute form(s). 4.2. Personnel Eligibility List(PEL). If TCEQ will be reimbursing salary or wages, Performing Party must submit a completed Personnel Eligibility List(PEL)prior to starting activities under this Contract.The Performing Party must submit an updated PEL with any invoice following changes to the information provided in the most recent PEL.If a Contract amendment is necessary due to changes reflected on the PEL,Performing Party must immediately submit an updated PEL with a request to amend the Contract. 4.3. Level-of-Effort Reporting. Performing Party must submit records to support reimbursement requests for exempt employee salaries,where costs are determined based on a percentage of the employee's time performing contract activities.These records must meet the Standards for Documentation of Personnel Expenses in TxGMS or Title 2 Code of Federal Relations(CFR),Section 200.430,as applicable based on whether state or federal money is used by TCEQ to fund the grant activities. If TCEQ determines that the records do not comply with the requirements of TxGMS or 2 CFR§ 200.430,the Performing Party will work with TCEQ to bring the level of record keeping into compliance.TCEQ may require the Performing Party to complete the attached Level-of Effort Certification(LEC)form.If required,the LEC form must be completed and submitted with each invoice. 4.4. Timesheets. The Performing Party must retain records of timesheets supporting reimbursement requests for nonexempt employees,which are maintained as part of Performing Party's timekeeping system.Timesheets are not required to be submitted with each request for reimbursement;however,the Performing Party must make timesheets available upon request by TCEQ as necessary for TCEQ to perform its monitoring requirements and audit purposes. 4.5. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.6. No Interest for Delayed Payment. Since the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable for any late payments. 4.7. Release of Claims. As a condition to final payment or settlement, or both,the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 4.8. State Agencies/Institutions of Higher Education. If the Performing Party is a state agency or institution of higher education(IHE),payments must be made via interagency transaction voucher(ITV).Please provide a Recurring Transaction Index(RTI)number on the face of the invoice.If a state agency or IHE Performing Party wishes for payment to be made by a method other than ITV,it must make Texas Commission on Environmental Quality 23 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 26 of 72 M2601454 Attachment 2 Sponsor Award Page 24 of 60 TCEQ Contract No 582-26-00096 arrangements with TCEQ that are acceptable to the Texas Comptroller of Public Accounts and TCEQ. 5. RECORDS,ACCESS,AND AUDITS 5.1. Records. Performing Party shall maintain and retain all records relating to the performance of this Contract including supporting fiscal documents adequate to ensure that claims for funds are in accordance with acceptable State of Texas requirements.Records include books;documents,including electronic mail and documents;information provided by TCEQ and other evidence reasonably pertinent to Performing Party's performance of the Contract.These records will be maintained and retained by the Performing Party for a period of four(4)years after the Contract Expiration Date or until all audit,claim,and litigation matters are resolved,whichever is later.The Performing Party must include the substance of this clause in all subawards and subcontracts. 5.1.1. The Performing Party must maintain financial records for costs under the Scope of Work in accordance with generally accepted accounting practices. 5.1.2. Upon request by TCEQ or its authorized representative,Performing Party shall submit records in support of reimbursement requests.Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. 5.2. Audit of Funds. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract.The acceptance of funds directly under this Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office,or any successor agency, to conduct an audit or investigation in connection with those funds.Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor during any audit or investigation,including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.3. Financial Audit or Program-specific Audit. If the Performing Party expends more than$1,000,000 in state grant awards,including this Contract,during its fiscal year,the Performing Party must have an annual independent financial audit conducted or have a program-specific audit conducted,as allowed in TxGMS.All audits must be conducted in accordance with generally accepted government accounting standards(GAGAS)for governmental entities and generally accepted accounting standards(GAAS)for non-governmental entities.A federal single audit may be accepted by TCEQ if it is prepared in accordance with the Uniform Grant Guidance and addresses internal controls and other grant requirements applicable to this Contract's administrative requirements and grant activities.The Performing Party's audit reporting package must be provided to TCEQ as specified in TxGMS. 5.4. Audit Findings. Performing Party must immediately notify the TCEQ of any audit findings specifically related to this award and provide the TCEQ a copy of such findings within three(3)business days after issuance.By submitting an invoice, Financial Status Report,or other financial reporting documentation,Performing Party certifies that it did not receive audit findings specifically related to this award during the invoicing/reporting period,except for such audit findings Performing Party already provided notice of in accordance with this Article. Texas Commission on Environmental Quality 24 of 60 Contract Name.Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 27 of 72 M2601454 Attachment 2 Sponsor Award Page 25 of 60 TCEQ Contract No 582-26-00096 6. PERFORMING PARTY'S RESPONSIBILITIES 6.1. Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of TCEQ nor as a TCEQ agent or employee.Performing Party agrees that the Scope of Work is performed at Performing Party's sole risk as to the means,methods,design,processes,procedures,and performance. 6.2. Identification and Flow Down Requirements. Any subaward from this Contract by the Performing Party to a subrecipient must be clearly identified as a subaward. The Performing Party must flow down applicable Contract requirements to subrecipients and subcontractors. 6.3. Independent Contractor. The parties agree that the Performing Party is an independent contractor.Nothing in this Contract shall create an employee- employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. 6.4. Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors,suppliers, and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party.Performing Party represents and warrants that it will maintain oversight to ensure that subcontractors perform in accordance with the terms, conditions,and specifications of their contracts or purchase orders. 6.5. Performing Party's Responsibilities for Subrecipients. Performing Party represents and warrants that it will monitor the activities of any subrecipients as necessary to ensure that the subaward is used for authorized purposes,in compliance with applicable statutes,regulations,and the terms and conditions of the subaward,and that subaward performance goals are achieved. 6.6. No Third-Party Beneficiary. TCEQ does not exercise any of its rights and powers under the Contract for the benefit of third parties.Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors,suppliers,or other persons or organizations with a contractual relationship with the Performing Party. 6.7. Non-discrimination. The Performing Party will comply with all state and federal statutes relating to non-discrimination.If the Performing Party is an employer under the Texas Labor Code,it must not discriminate on the basis of race,color, disability,religion,sex,national origin,age,or genetic information in its employment decisions. 6.8. Excluded Parties. Performing Party represents and warrants that it is not listed in the prohibited vendors lists authorized by Executive Order No. 13224,"Blocking Property and Prohibiting Transactions with Persons Who Commit,Threaten to Commit,or Support Terrorism,"published by the United States Department of the Treasury,Office of Foreign Assets Control.Performing Party will notify TCEQ if it can no longer make this representation. 6.9. COVID-19 Vaccine Passport Prohibition. Under Texas Health and Safety Code Section 161.0085,Performing Party certifies that it is not ineligible to receive the Contract and will maintain this certification throughout the term of the Contract. 6.10. Cybersecurity Training. Performing Party shall ensure that any Performing Party representative(employee,officer,or subcontractor personnel)who has Access to a TCEQ Computer System or Database completes a cybersecurity training program Texas Commission on Environmental Quality 25 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 28 of 72 M2601454 Attachment 2 Sponsor Award Page 26 of 60 TCEQ Contract No 582-26-00096 certified by the Texas Cyber Command under Section 2063.102 of the Texas Government Code,when the Contract is executed and annually as applicable. 6.10.1. "Access to TCEQ Computer System or Database"means having a TCEQ network user account or the authorization to maintain,modify,or allow access control to any TCEQ web page,TCEQ computer system,or TCEQ database. 6.10.2. Within seven(7)days after the execution of the Contract,the Performing Party shall provide a list of persons requiring training to the TCEQ Contract Manager,and thereafter provide an updated list by the first workday of any additional person who becomes subject to the cybersecurity training requirements.For applicable umbrella contracts, Performing Party shall provide a list of any persons requiring training within seven(7)days of issuance of Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database. 6.10.3. If a Performing Party representative has previously completed a Texas Cyber Command-certified cybersecurity training during a State of Texas Fiscal Year in which the Contract is effective,Performing Party shall provide evidence that the Performing Party representative completed the required training to the TCEQ Contract Manager within seven(7)days after the execution of the Contract or as applicable,the issuance of a Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database. 6.10.4. For Contracts that have contract periods that continue beyond August 31°' of the State of Texas Fiscal Year in which they are entered,all persons performing work under the Contract shall take cybersecurity training each fiscal year that the Contract remains effective.By August 1°'each year,the Performing Party must provide to the TCEQ Contract Manager a list of persons that must complete cybersecurity training during the upcoming State of Texas Fiscal Year.By September 30th,the Performing Party representative must complete the required training and the Performing Party must provide evidence that the training was completed.Performing Party shall also retain the evidence that the training was successfully completed. 6.10.5.TCEQ will provide access to the cybersecurity training program. Performing Party is responsible for all other costs associated with their representatives completing the training,including time spent completing the training. 6.10.6. Performing Party shall notify the TCEQ Contract Manager within two(2) business days when a person with Access to a TCEQ Computer System or Database no longer needs Access to such Computer System or Database. 6.10.7. TCEQ may terminate the Contract for cause if Performing Party fails to adhere to any of the above terms,including completing the required certified cybersecurity training or notifying the TCEQ Contract Manager when access is no longer needed. 6.10.8.TCEQ may terminate the Contract for cause if a Performing Party representative misuses a TCEQ Computer System or Database,including allowing multiple individuals to utilize a single individual's TCEQ network user account. 6.11. Prohibition on Limitation of Cybersecurity Incident Notification. Any contract language in a cybersecurity insurance contract or goods and services contract is Texas Commission on Environmental Quality 28 of 80 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 29 of 72 M2601454 Attachment 2 Sponsor Award Page 27 of 60 TCEQ Contract No 582-26-00096 void and unenforceable if it prohibits or restricts TCEQ's compliance with,or otherwise circumvents the requirements of Section 2063.302 of the Texas Government Code,which outlines the requirements for cybersecurity incident notification for state agencies. 6.12. Prohibited Technologies and Covered Applications. Performing Party certifies that Prohibited Technologies and Covered Applications will not be used on any of Performing Party's or its employees',contractors',and subcontractors'devices including personally owned devices,if those devices are used to conduct state business,or access state-owned data or information systems.These devices include cell phones,tablets,desktop and laptop computers,and other internet- capable devices. "Prohibited Technologies"refers to software,applications, technologies,hardware,equipment, and the aforementioned devices made by the developers or manufacturers on the Prohibited Technologies list located on the Texas Department of Information Resources'website at: https://dir.texas.gov/information-securitv/prohibited-technologies.In addition to the DIR list,TCEQ in its sole discretion may designate additional prohibited technologies. "Covered Applications"refers to TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited,or other social media application or service identified by proclamation of the Governor under Texas Government Code Section 620.005. 6.13. Firearm Suppressor Policy. Performing Party certifies that it has not received a final judicial determination finding it adopted a rule,order,ordinance,or policy under which it enforces,or allows the enforcement of, a federal statute,order, rule, or regulation that purports to regulate a firearm suppressor in violation of Texas Government Code Section 2.102(a)in an action brought by the Attorney General under Texas Government Code Section 2.104.If Performing Party is currently being sued under Texas Government Code Section 2.104 or is sued under this section at any point during the duration of this Contract,Performing Party agrees to immediately disclose the lawsuit and its posture to TCEQ. 7. TIME AND FORCE MAJEURE 7.1. Time is of the Essence. Performing Party's timely performance is a material term of this Contract.The Performing Party will submit timely,complete, and accurate deliverables in accordance with the Contract. 7.2. Delays. Where Performing Party's performance is delayed,except by force majeure or act of the TCEQ TCEQ may withhold or suspend reimbursement, terminate the Contract for cause,or enforce any of its other rights.Termination for convenience may be effected even in case of Force Majeure or act of TCEQ. 7.3. Force Majeure. Force majeure is defined as acts of God,war,fires, explosions, hurricanes,floods,or other causes that are beyond the reasonable control of either party,could not reasonably be foreseen,and by the exercise of all reasonable due diligence,is unable to be overcome by either party.Neither party shall be liable to the other for any failure or delay of performance of any requirement included in the contract caused by force majeure.Upon timely notice by the non-performing party,the time for performance shall be extended for a reasonable period after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform.The non-performing party must provide evidence of any failure resulting in impossibility to perform. Texas Commission on Environmental Quality 27 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 30 of 72 M2601454 Attachment 2 Sponsor Award Page 28 of 60 TCEQ Contract No 582-26-00096 8. CONFLICT OF INTEREST 8.1. Performing Party represents and warrants that in the administration of the Contract,it will comply with all conflict-of-interest prohibitions and disclosure requirements required by applicable law,rules,and policies,including Texas Local Government Code Chapter 176.If circumstances change during the course of the contract or grant,Performing Party shall promptly notify TCEQ. Contractor(including Subcontractors)must perform the Work in an unbiased manner.A conflict of interest exists whenever an entity's or person's roles or interests may be in conflict,regardless of whether the conflict results in any actual detriment or deficiency in the entity or person's performance of its duties. Performing Party shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically,for work performed under this Contract by Performing Party or any related entity or individual,Performing Party shall promptly disclose in writing to TCEQ any actual,apparent, or potential conflicts of interest,including but not limited to disclosure of any organizational conflicts of interest between Performing Party and its subcontractors or subrecipients under a subaward. 8.2. No entity or individual with any actual,apparent,or potential conflict of interest will take part in the performance of any portion of the Scope of Work,nor have access to information regarding any portion of the Scope of Work,without TCEQ's written consent in the form of a unilateral amendment.Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists,and that a conflict of interest is grounds for termination of this Contract. 9. DATA AND QUALITY 9.1. Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier,except as otherwise provided in the Contract. 9.2. Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ- approved Quality Assurance Project Plan(QAPP)meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes,location,or conditions,and ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models,and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and,if necessary,the EPA. Without prejudice to any other remedies available to TCEQ TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and,if necessary,the EPA. Also,without prejudice to any other remedies available to TCEQ Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non- reimbursement of expenses related to the associated activities. 9.3. Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to Title 30 Texas Administrative Code(30 TAC)Chapter 25,subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 TAC Section 25.6. Texas Commission on Environmental Quality 28 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 31 of 72 M2601454 Attachment 2 Sponsor Award Page 29 of 60 TCEQ Contract No 582-26-00096 10.INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment,Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work,or incident to the use or possession of any deliverable under the Contract.Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property,and a perpetual,irrevocable,enterprise-wide license to reproduce,publish,otherwise use,or modify such intellectual property and associated user documentation,and to authorize others to reproduce,publish,otherwise use, or modify such intellectual property for TCEQ non-commercial purposes,and other purposes of the State of Texas. 10.2. Grant of license. Performing Party grants to TCEQ a nonexclusive,perpetual, irrevocable,enterprise-wide license to reproduce,publish,modify, or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work,intellectual property created under this Contract, and associated user documentation. 11.INSURANCE AND INDEMNIFICATION 11.1. Insurance. Unless prohibited by law,the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ sufficient coverage shall include Workers Compensation and Employer's Liability Insurance,Commercial Automobile Liability Insurance,and Commercial General Liability Insurance. Before any Performing Party contractor performs any work at a TCEQ facility, Performing Party shall provide TCEQ a Certificate of Insurance for the contractor's Workers Compensation and Employer's Liability Insurance. 11.2. Indemnification. 11.2.1. IF PERFORMING PARTY IS NOT A STATE AGENCY OR LOCAL GOVERNMENT,THEN TO THE EXTENT ALLOWED BY LAW,THE PERFORMING PARTY SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND TCEQ AND/OR THEIR OFFICERS,AGENTS, EMPLOYEES,REPRESENTATIVES,CONTRACTORS,ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,ACTIONS,CLAIMS, DEMANDS,OR SUITS,AND ALL RELATED COSTS,ATTORNEY FEES,AND EXPENSES ARISING OUT OF,OR RESULTING FROM ANY ACTS OR OMISSIONS OF PERFORMING PARTY OR ITS AGENTS,EMPLOYEES, SUBCONTRACTORS,ORDER FULFILLERS,OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT. 11.2.2. TO THE EXTENT AUTHORIZED BY LAW,THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY,DEFEND,AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES,FROM AND AGAINST ALL LOSSES,LIABILITIES, DAMAGES,AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS,SUPPLIERS AND AGENTS,INCLUDING THOSE Texas Commission on Environmental Quality 29 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 32 of 72 M2601454 Attachment 2 Sponsor Award Page 30 of 60 TCEQ Contract No 582-26-00096 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. 11.2.3. ANY INDEMNIFICATION DEFENSE SHALL BE COORDINATED BY PERFORMING PARTY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PERFORMING PARTY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL.PERFORMING PARTY AND TCEQ AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 11.2.4. THIS SECTION IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE PERFORMING PARTY OR ITS CONTRACTORS TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TCEQ FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF TCEQ OR ITS EMPLOYEES. 12.TERMINATION 12.1. Termination for Cause. TCEQ may,upon providing 10 days'written notice and the opportunity to cure to the Performing Party, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2. Termination for Convenience. TCEQ may,upon providing 10 days'written notice to the Performing Party,terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed,loss of anticipated profits or revenue, consequential damages,or other economic loss arising out of or resulting from the termination. 12.3. If, after termination for cause by TCEQ it is determined that the Performing Party had not materially failed to comply with the Contract,the termination shall be deemed to have been for the convenience of TCEQ. 13.DISPUTES,CLAIMS AND REMEDIES 13.1. Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release,in the form of a unilateral amendment, constitutes a release of Performing Party from liability under this Contract. 13.2. Remedies Available to TCEQ. In the event of Performing Party's nonconformance,TCEQ may do one or more of the following: 13.2.1. Issue notice of nonconforming performance; 13.2.2. Reject nonconforming performance and request corrections without charge to the TCEQ; 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; Texas Commission on Environmental Quality 30 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 33 of 72 M2601454 Attachment 2 Sponsor Award Page 31 of 60 TCEQ Contract No 582-26-00096 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3. Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance,if possible,under the circumstances. 13.4. Cumulative Remedies. Remedies are cumulative;the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 13.5. The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under this Contract. 14.SOVEREIGN IMMUNITY 14.1. The parties agree that this Contract does not waive any immunity from suit or from liability to which the Performing Party or the State of Texas is entitled by law. 15.SURVIVAL OF OBLIGATIONS 15.1. Except where a different period is specified in this Contract or applicable law, all representations,indemnifications,and warranties made in,required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four(4)years beyond the termination or completion of the Contract,or until four(4)years after the end of a related proceeding.A related proceeding includes any litigation,legal proceeding,permit application,or State Office of Administrative Hearings proceeding,which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 16.UNIFORM ASSURANCES 16.1. Uniform Assurances. Performing Party assures compliance with the following uniform assurances from TxGMS,as applicable to this Contract.Other assurances from TxGMS may be included elsewhere in this Contract. 16.1.1. Performing Party represents and warrants that it will include the following clause in the award documents for any subaward or subcontract funded by this Contract and will require any subrecipients and contractors to certify accordingly: "Under Section 231.006 of the Texas Family Code,the vendor or applicant certifies that the individual or business entity named in this contract,bid or application is not ineligible to receive the specified grant,loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.A bid or an application for a contract,grant,or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner,shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application." 16.1.2. If Performing Party is a local government,it represents and warrants its compliance with Texas Government Code Section 2063.103 relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. Texas Commission on Environmental Quality 31 of 60 Contract Name.Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 34 of 72 M2601454 Attachment 2 Sponsor Award Page 32 of 60 TCEQ Contract No 582-26-00096 16.1.3. Performing Party certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAM)maintained by the General Services Administration. 16.1.4. Performing Party agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 16.1.5. Performing Party represents and warrants that it will comply with Texas Government Code Section 2252.906 relating to disclosure protections for certain charitable organizations,charitable trusts,and private foundations. 16.1.6. In accordance with Texas Government Code Section 669.003,relating to contracting with the executive head of a state agency,Performing Party certifies that it is not(1)the executive head of the TCEQ(2)a person who at any time during the four years before the date of the Contract was the executive head of the TCEQ or(3)a person who employs a current or former executive head of the TCEQ affected by this section. 16.1.7. Performing Party acknowledges and agrees that appropriated funds may not be expended in the form of a grant to,or contract with,a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: • Parts 2 and 3 of the Texas General Appropriations Act,Art.IX, except there is no requirement for increased salaries for local government employees; • Sections 556.004,556.005,and 556.006 of the Texas Government Code;and • Sections 2113.012 and 2113.101 of the Texas Government Code. 16.1.8. Performing Party represents and warrants that TCEQ's payments to Performing Party and Performing Party's receipt of appropriated or other funds under the Contract are not prohibited by Texas Government Code Section 556.0055 which restricts lobbying expenditures. 16.1.9. If Performing Party is a governmental entity,it represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular,special or called meetings of a governmental body to be open to the public,except as otherwise provided by law. 16.1.10. Performing Party represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to,or expended by,any entity which performs political polling. 16.1.11. If Performing Party is a local entity,Performing Party certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code Section 364.003.If Performing Party is currently being sued under the provisions of Local Government Code Section 364.003,or is sued under this section at any Texas Commission on Environmental Quality 32 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 35 of 72 M2601454 Attachment 2 Sponsor Award Page 33 of 60 TCEQ Contract No 582-26-00096 point during the duration of this grant,Performing Party must immediately disclose the lawsuit and its current posture to the TCEQ. 16.1.12. Performing Party represents and warrants that it will comply with Texas Government Code Section 321.022,which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 17.RELEASE OF RECORDS AND CONFIDENTIAL INFORMATION 17.1. For Records in Possession of TCEQ, Performing Party agrees that TCEQ shall have the discretion to determine whether records in its possession should be released or whether an exception should be pursued from the Office of the Attorney General of Texas(OAG).If TCEQ receives a Public Information Act(PIA) request related to the records that the Performing Party has submitted and marked confidential,TCEQ will inform Performing Party of the request in a timely manner sufficient to permit Performing Party to make an argument of confidentiality to the OAG. 17.2. For Records in the Possession of an Entity to Which the PIA Applies. This provision applies to a request for records that are in the possession of an entity to which the PIA applies.If Performing Party,a subrecipient, a contractor,or subcontractor receives a request for the records,it shall inform the TCEQ(and any awarding agency through whom funds from the TCEQ have passed)of the request in a timely manner with sufficient time to permit TCEQ to instruct the Performing Party to request(or require its subrecipient to request)an opinion from the OAG so that TCEQ may make an argument of confidentiality to the OAG. 17.3. For Records in the Possession of an Entity to Which the PIA Does Not Apply. This provision applies if the Performing Party or Performing Party's contractor or subcontractor or subrecipient receives a request for records in its possession but the entity is not subject to the PIA.The Performing Party shall require the entity in possession of the records to immediately transfer a copy of the request and all records that are responsive to the request up the contractual/grant chain(e.g., nonprofit subrecipient to Performing Party)until the request and records reach an entity that is subject to the PIA.The preceding provision regarding records in the possession of the Performing Party or a subrecipient will then apply. 17.4. Performing Party shall ensure that its subgrants and contracts/subcontracts include language to enforce these requirements. 17.5. Confidential Information. 17.5.1. TCEQ's Confidential Information. If TCEQ provides Performing Party information identified as confidential or proprietary,Performing Party has a duty to maintain its confidentiality and prevent unauthorized release, except as required under the PIA and by the processes set forth in the following provisions:For Records in the Possession of an Entity to Which the PIA Applies and For Records in the Possession of an Entity to Which the PM Does Not Apply(detailed above).Performing Party is permitted to use,copy,and disclose confidential information to Performing Party employees, subrecipients,and contractors only as necessary to fulfill Performing Party's obligations. 17.5.2. Performing Party's Confidential Information. If Performing Party submits information to TCEQ that it believes is subject to a PIA exception and should not be released,it shall mark each page of such information with"CONFIDENTIAL;INFORM PERFORMING PARTY AND SEEK OAG OPINION PRIOR TO RELEASE"or a similar statement.TCEQ will handle requests for information marked confidential by the Performing Party as Texas Commission on Environmental Quality 33 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 36 of 72 M2601454 Attachment 2 Sponsor Award Page 34 of 60 TCEQ Contract No 582-26-00096 set forth in the provision above titled For Records in Possession of TCEQ. The following information is considered public information under Texas Government Code Section 552.1101(b)regardless of whether Performing Party identifies it is as being confidential: • information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body;or • communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body. Information specified in Texas Government Code Section 552.0222 as not being within an exception to disclosure is releasable regardless of whether Performing Party identifies it as being confidential. 17.6. Performing Party must take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information(PII) and sensitive information.Performing Party must be in compliance with applicable federal,state,and local laws regarding privacy and obligations of confidentiality. 18.MISCELLANEOUS 18.1. 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). 18.2. Headings. Any headings or subheadings contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 18.3. Delivery of Notice. Notices are deemed to be delivered three(3)working days after postmarked if sent by U.S.Postal Service certified or registered mail,return receipt requested.Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail,email,or other commercially accepted means. 18.4. 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,the period ends on the following day. 18.5. State,Federal Law. This Contract is governed by and interpreted under the laws of the State of Texas,as well as applicable federal law. 18.6. Severability. If any provision of this Contract is found by any court, tribunal,or administrative body of competent jurisdiction to be wholly or partly illegal, invalid,void,or unenforceable,it shall be deemed severable(to the extent of such illegality,invalidity,or unenforceability)and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible,the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 18.7. Assignment. No delegation of the obligations,rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent,except as restricted by law. No assignment will Texas Commission on Environmental Quality 34 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 37 of 72 M2601454 Attachment 2 Sponsor Award Page 35 of 60 TCEQ Contract No:582-26-00096 release or discharge the Performing Party from any duty or responsibility under the Contract. 18.8. Venue. Performing Party agrees that the Contract is being performed in Travis County,Texas,because this Contract has been performed or administered, or both,in Travis County,Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County,Texas. 18.9. Publication. Performing Party agrees to notify TCEQ five(5)days prior to the publication or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic or the likenesses of TCEQ employees as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority.Except as otherwise specified in the Contract,the Performing Party shall acknowledge the financial support of the TCEQ in publications,websites,reports,media,and other documents developed for public distribution as a part of this Contract.For these materials,other than documents prepared exclusively for internal use within the TCEQ the Performing Party shall use the following statement: PREPARED IN COOPERATION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY The preparation of this[report/website]was financed[in part,if appropriate] through funding from the Texas Commission on Environmental Quality. The content,findings, opinions,and conclusions are the work of the author(s)and do not necessarily represent findings,opinions,or conclusions of the TCEQ. 18.10. Waiver. With the exception of an express,written waiver in the form of a unilateral amendment signed by TCEQ no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming contract activities. No waiver on one occasion,whether expressed or implied, shall be construed as a waiver on any other occasion. 18.11. Compliance with Laws. TCEQ relies on Performing Party to perform all contract activities in conformity with all applicable laws,regulations,and rules and obtain all necessary permits and licenses. 18.12. 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. 18.13. Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in Title 1 Texas Administrative Code Section 206.50 and Chapter 213 for state agency web pages, web content,software,and hardware,unless TCEQ agrees that exceptions or exemptions apply. Texas Commission on Environmental Quality 35 of 60 Contract Name Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 38 of 72 M2601454 Attachment 2 Sponsor Award Page 36 of 60 TCEQ Contract No 582-26-00096 COST BUDGET - MATCHING FUNDS 1. Budget. Authorized budgeted expenditures for work performed are as follows: a. Direct Costs Budget Category Cost for Work to be Performed Salary/Wages $144,361.00 Fringe Benefits $50,273.45 Travel $2,850.00 Supplies $598.58 Equipment $0.00 Contractual $0.00 Construction $0.00 Other $84,230.00 Total Direct Costs $282,313.03 b. Indirect Costs Distribution Base Amount (identify Base type below) $242,513.03 Indirect Cost Rate for 32% Reimbursement Total Indirect Costs $77,604.17 c. In-kind Contributions In-kind Contributions $63,000.00 d. Total Project Cost Total Project Cost(Direct and Indirect Costs and In-kind $422,917.20 Contributions) e. Cost Share and TCEQ Maximum Authorized Reimbursement Performing Party Cost Share% 40% Performing Party Cost Share $169,166.88 TCEQ Maximum Authorized Reimbursement(Direct and $253,750.32 Indirect Costs) Texas Commission on Environmental Quality 36 of 60 Contract Name.Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 39 of 72 M2601454 Attachment 2 Sponsor Award Page 37 of 60 TCEQ Contract No 582-26-00096 2. Matching Funds. This Contract requires matching funds. Performing Party must match TCEQ expenditures by contributing 40%of the total project costs as shown above. Each invoice must demonstrate that the Performing Party is contributing the required match for the period specified on the invoice. 3. Indirect Cost Distribution Base. The Distribution Base above is(check one): ❑direct salary/wages and fringe benefits ®modified total direct costs ❑other direct cost Base If other direct cost Base,identify: The indirect cost rate is(check one): ►Zi Predetermined Rate—an indirect rate that is negotiated between the Performing Party and its federal cognizant agency and supported by a current Negotiated Indirect Cost Rate Agreement (NICRA)letter.A Predetermined Rate is not subject to adjustment except as provided by 2 Code of Federal Regulations(CFR)§200.411. ❑De Minimis Rate—if Performing Party does not have a current negotiated indirect rate, Performing Party may use a standard rate of 15 percent of Modified Total Direct Costs(MTDC) in lieu of determining the actual indirect costs of the service. Costs must be consistently charged as either indirect or direct costs. ❑Partial Reimbursement Rate—a reimbursement rate agreed to between TCEQ and Performing Party that is less than the rate authorized under TxGMS or,where applicable, 2 CFR Part 200. Performing Party contributes all of its unreimbursed indirect costs to the successful performance of the project or projects funded under this Contract,in accordance with Article 9 of this section. [If this is a Partial Provisional Rate,include the following language: "This is a Partial Provisional Rate.Any adjustment is subject to the requirements of Article 9 of this section;however,no adjustment will be made unless the finally determined actual indirect costs are lower than the Partial Indirect Cost reimbursement made under the Contract."] ❑Other: [Examples:De Minimis Rate with a base of direct salary and wages(less than or equal to actual indirect costs)or Provisional Rate.If this is a Provisional Rate,include the following language:Provisional Rate:The subsequent adjustment of the indirect cost rate is subject to the requirements of Article 9 of this section.] 4. Other. If Budget Category"Other"is greater than$25,000 or more than 10%of budget total, identify the main constituents: • Communication Services(press release,graphic design,etc.) • Website Service • Computer/Laptop • Facility Rental(IDC Exempt) • WPP Editing • Education Materials(translation services) • Subrecipient:City of Round Rock 5. Travel. In order to be reimbursable,travel costs must be specifically authorized in advance of the travel.Travel costs will be reimbursed only in the amount of actual costs,up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. Texas Commission on Environmental Quality 37 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 40 of 72 M2601454 Attachment 2 Sponsor Award Page 38 of 60 TCEQ Contract No 582-26-00096 6. Budget Categories. The Budget Categories above are representative of the items of cost found in TxGMS and 2 CFR Part 200,and have the definitions,requirements,and limitations found therein. Construction costs are not reimbursable without prior,specific written authorization from TCEQ 7. Budget Control. a. Cumulative transfers equal to or less than 10%of the Total Budget.Performing Party may transfer amounts between the approved cost budget categories so long as cumulative transfers from cost budget categories during the Contract Period do not exceed ten percent(10%)of the total budget amount.Performing Party must timely submit a Budget Revision Request(BRR) Form reflecting the revised budget. Upon acknowledgement by TCEQ the BRR will be incorporated into this Contract as though it is a document revised under General Term and Condition Section 1.2.The 10%limit does not reset with the approval of each BRR.It resets when an amendment is signed by the parties reflecting changes to the budget. b. Cumulative transfers greater than 10%of the Total Budget. TCEQ must pre-approve in writing all budget revisions that result in the cumulative transfer from cost budget categories of funds greater than 10%of the total budget during the Contract Period. c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre-approval in writing. d. If a transfer between approved cost budget categories results in a change in the total reimbursable indirect cost amount,the change in the reimbursable indirect cost amount is subject to the requirements of this Budget Control clause and must be documented in the BRR or an amendment,as applicable.The Performing Party may elect to reduce the reimbursable indirect cost amount below its total indirect costs to meet the requirements of this Budget Control clause. 8. Invoice Submittal. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met.Unless otherwise stipulated in the Contract,invoices,including the Financial Status Report(or if allowed specifically in the Contract,substitute form(s)),must be submitted to the individual named in the Notices,Project Representatives and Records Location document at the following intervals. ❑Monthly ®Quarterly Invoices shall be submitted within®30 days D 45 days of the end of the interval checked above. Final invoices shall be submitted within forty-five(45)calendar days after completing the Scope of Work activities.TCEQ may unilaterally extend this deadline by e-mail. 9. Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs.TCEQ may reject invoices without appropriate supporting documentation.TCEQ has the right to request additional documentation such as expenses for the invoice period,year-to-date expenses,projected totals for the year(or applicable contract period),percent of budget spent to date,and percentage of budget projected to be spent.Performing Party shall maintain records subject to the terms of this Contract. 10.Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate entered above.If no reimbursable rate is shown above,indirect costs are not reimbursable under this Contract.The reimbursable rate must be less than or equal to the rate authorized under TxGMS or,where applicable,2 CFR Part 200.To the extent that the reimbursable rate is lower than Performing Party's actual indirect costs,Performing Party is contributing its unreimbursed indirect costs to the successful performance of the project(s)funded under this Contract,and waives any right it may have to reimbursement of those costs.Performing Party must fund all unreimbursed indirect costs from sources that may be properly used to fund such unreimbursed costs(e.g., unrestricted funds).Performing Party must not charge unreimbursed indirect costs to a different state or federal grant without each grantor's written permission. Texas Commission on Environmental Quality 38 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 41 of 72 M2601454 Attachment 2 Sponsor Award Page 39 of 60 TCEQ Contract No:582-26-00096 a. If this Contract requires matching funds,Performing Party may, with written TCEQ approval (and federal awarding agency approval if the match is required by a federal grant),claim its unreimbursed indirect costs as part or all of its match. Texas Commission on Environmental Quality 39 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 42 of 72 M2601454 Attachment 2 Sponsor Award Page 40 of 60 TCEQ Contract No 582-26-00096 NOTICES, PROJECT REPRESENTATIVES, AND RECORDS LOCATION CONTRACT NO. 582-26-00096 PROJECT TITLE: BRUSHY CREEK WATERSHED PROTECTION PLAN DEVELOPMENT 1. Representatives.The individual(s)named below are the representatives of TCEQ and the Performing Party.They are authorized to give and receive communications and directions on behalf of TCEQ and the Performing Party as indicated below.All communications including official Contract notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Information.Either the Performing Party or TCEQ may change its information in this Notices,Project Representatives,and Records Location document by providing written notice to the other party's representative for contractual matters. 3. TCEQ Contract Manager TCEQ Project Manager (for Contractual Matters) (for Technical Matters) Felicia Clay Jaymes Howard Contract Specialist Project Manager P.O.Box 13087,MC-141 P.O.Box 13087,MC-203 Austin,Texas 78711-3087 Austin,Texas 78711-3087 Phone:(512)239-3636 Phone:(512)239-1727 Email:felicia.clay@tceq.texas.gov Email:jaymes.howard@tceq.texas.gov 4. Performing Party Representatives Contract Manager Project Manager (for Contractual Matters) (for Technical Matters) Chrissy Jones Lucas Gregory Contract Specialist Project Manager Texas A&M University Texas A&M AgriLife Extension Service/ Sponsored Research Services Texas Water Resources Institute(TWRI) 4000 Harvey Mitchell Parkway S 1001 Holleman Dr.E College Sation,Texas 77845 College Station,Texas 77840-4117 Phone:(979)862-6105 Phone:(979)314-2361 Email:awards@tamu.edu Email:Lucas.Gregory@ag.tamu.edu 5. Invoice Submittal.Invoices must be submitted electronically to the TCEQ Contract Manager at WQPDInv@tceq.texas.gov and must cc the TCEQ Project Manager.Invoices submitted by mail must be addressed to the TCEQ Contract Manager. 6. 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: Texas A&M AgriLife Extension Service 1001 Holleman Dr.E College Station,Texas 77840-4117 Texas Commission on Environmental Quality 40 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 43 of 72 M2601454 Attachment 2 Sponsor Award Page 41 of 60 TCEQ Contract No:582-26-00096 Attachment A: Release of Claims (Must be returned with last invoice per the General Term and Condition titled Release of Claims) Updated May 2021 Texas Commission on Environmental Quality 41 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 44 of 72 M2601454 Attachment 2 Sponsor Award Page 42 of 60 TCEQ Contract No.582-26-00096 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Conditional Final Waiver and Release of Claims Upon receipt and clearance of payment from the Texas Commission on Environmental Quality(TCEQ) in the sum of $ , which constitutes final payment to Texas A&M AgriLife Extension Services (hereinafter referred to as "Performing Party"), Performing Party and its successors and assigns, release, discharge and relinquish the TCEQ its officers, agents, and employees from all claims, known or unknown, arising out of or relating to TCEQ Contract Number 582-26-00096. It is expressly agreed and understood that this conditional FINAL waiver and release of all claims is effective, without any further action of any party, only upon clearance of final payment to Performing Party in the above- mentioned amount. Performing Party warrants that it has completed all activities described in the Contract. Executed on this day of , 20____. By: (signature) (name) (title) Updated May 2021 Texas Commission on Environmental Quality 42 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 45 of 72 M2601454 Attachment 2 Sponsor Award Page 43 of 60 TCEQ Contract No:582-26-00096 Attachment B: Budget Revision Request (Must be returned as specified in the Cost Budget) Updated August 2024 Texas Commission on Environmental Quality 43 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 46 of 72 M2601454 Attachment 2 Sponsor Award Page 44 of 60 TCEQ Contract No 582-26-00096 BUDGET REVISION REQUEST Purpose:To document Performing Party's proposed budget changes where the budget total does not change.Any budget transfers that cumulatively exceed 1096 of the total budget(from original contract or most recent amendment)require TCEQ's prior approval. Instructions:Complete 1.-8. Total the amounts. 1.Performing Party Name&Complete Address Including Zip Code: 2.Grant/Contract Title: 3.Performing Party ID No.: 4.TCEQ Contract No.or PGA/Work Order No.: 5.Total Contract or PGA/WO Period: 7.Most Recently 8,Cumulative(+or-)Change 6.Budget Categories: Approved Budget(from including 9.New or Revised Budget g g original contract or most ding this BRR since most after this BRR recent amendment) recent budget in column 7) a.Personnel/Salaries 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 for reimbursement (_ _%x$ [Base] ❑_ Check here if the dollar amount for indirect costs for reimbursement is changed in this BRR. ❑ Check here if the amount requested for reimbursement is lower than the total allowable indirect costs. ❑ Check here if the indirect cost rate for reimbursement is changed in this BRR. Reason for indirect cost rate change: ❑ Change in NICRA(attach NICRA) ❑ Other(explain): Note:Performing Party agrees it will cover any unreimbursed indirect costs using funds allowed to be used for that purpose(e.g., unrestricted funds;note that federal funds for other projects are generally not available for this purpose). 1.Number of BRRs for this k.Total(sum i&j) project(including this one) Justification(Attach additional sheets,if necessary.If change is due to an updated indirect cost rate,attach NICRA letter): ***Budget Revision Request must contain all signatures to be valid*** Signature of Performing Party's Representative Date Type or Printed Name and Title Acknowledged: Signature of TCEQ Project Manager Date Type or Printed Name and Title Signature of TCEQ Contract Manager Date Type or Printed Name and Title Texas Commission on Environmental Quality 44 of 60 Contract Name:Brushy Creek Watershed Updated August 2024 Protection Plan Development M2601454 Initial Agreement Page 47 of 72 M2601454 Attachment 2 Sponsor Award Page 45 of 60 TCEQ Contract No:582-26-00096 Attachment C: Personnel Eligibility List (Must be returned per the General Term and Condition titled Personnel Eligibility List(PEL)) Texas Commission on Environmental Quality 45 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 48 of 72 M2601454 Attachment 2 Sponsor Award Page 46 of 60 TCEQ Contract No:582-26-00096 Personnel Eligibility List (PEL) Performing Party: Date: Initial Staff Name or Date Added Date Estimated "Vacant" Position or Title to PEL Removed Time to from PEL Contract (%or hrs)* • *Only provided for estimation purposes and may be different from actual hours worked. Texas Commission on Environmental Quality 46 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 49 of 72 M2601454 Attachment 2 Sponsor Award Page 47 of 60 TCEQ Contract No:582-26-00096 Attachment D: Level-of-Effort Certification (Certification(s) must be returned with each invoice per the General Term and Condition titled Level-of-Effort Certification (LEC)) Texas Commission on Environmental Quality 47 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 50 of 72 M2601454 Attachment 2 Sponsor Award Page 48 of 60 TCEQ Contract No:582-26-00096 Level-of-Effort Certification [Month] 20[XX] Employee Name: [Name] Project Actual Activities Performed Activity for Which Employee was Compensated (%of Total Hours Worked) TCEQ Contract Nos. 582-XX-XXXXX • X% 582-XX-XXXXX • X% 582-XX-XXXXX • X% 582-XX-XXXXX • X% 582-XX-XXXXX • X% 582-XX-XXXXX • X% Other Projects X% (Not Related to TCEQ Contracts/Grants) The information listed above is true and correct. TCEQ may request additional information. Employee Name Supervisor Name Employee Signature Supervisor Signature Date Date Texas Commission on Environmental Quality 48 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 51 of 72 M2601454 Attachment 2 Sponsor Award Page 49 of 60 TCEQ Contract No:582-26-00096 Attachment E: Performance Evaluation Report Texas Commission on Environmental Quality 49 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 52 of 72 TCEQ Contract No:582-26-00096 PERFORMING PARTY PERFORMANCE EVALUATION REPORT ❑ Final Report(Check only if the Agreement has ended and this is the last Performance Report) Today's Date: Report No: Evaluation Period:From: to: Performing Party: Contract No./Purchase Order No.: Project Name(if applicable): Phase(if applicable): Date of Last Report: Date of Program's Last Site Visit(if applicable): Brief Description of Work/Services(optional): Performance Category Ratings Comments Exceeds Satisfactory Marginal Unsatisfactory Please provide a narrative description for ratings of one or Expectations Performance Performance Performance below(attachments are acceptable.) Score=3 Score=2 Score=t Score=o Quality&Accuracy Timeliness Reports HUB(for Quarterly Reporting,complete this portion only and return) Communication Cost Control Technology Other(describe)* Q7 Evaluator's Name: Signature(Printed or Typed): cn °' A � Division: Section: vd tna *Requires an attachment describing category and rating description which corresponds. o D 0 Go a) y N w m Note:Please see reverse side for specific definitionsfor each performance category and an v' sp fi p f g y explanation for each score. o 03 0 m m N �+ O a N Texas Commission on Environmental Quality 50 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development TCEQ Contract No 582-26-00096 PERFORMING PARTY'S PERFORMANCE EVALUATION REPORT- Category Descriptions PERFORMANCE EXCEEDS SATISFACTORY MARGINAL UNSATISFACTORY CATEGORY EXPECTATIONS PERFORMANCE PERFORMANCE PERFORMANCE (Score=3) (Score=2) (Score=i) (Score=o) 1. Oyanty and Accuracy Quality, Work product always, Work product of satisfactory Work product is acceptable, Work product not acceptable sufficiency,and accuracy of contract-required with rare exceptions,of quality with only typical although many errors and/or or of very low quality,with work,including work or tasks performed ht by excellent qua . errors and omissions,which omissions had to be corrected many errors and omissions subcontractors Revisions rarely or never were corrected upon request. prior to product being noted. Not all errors and required. acceptable. omissions corrected. 2. Timeliness Timeliness with respect to All tasks and Contract Some intermediate task Some major work Required work product not completing Contract-required work and/or deliverables on time or delays,not expected to cause performance delays caused completed on time,due to work-related tasks,including work performed ahead of schedule. major deadlines to be missed (or expected to cause) factors that should have been by subcontractors Quality of work did not or to require Contract delivery schedules to be under the Performing Party's suffer as a result of the extension. Prior approval missed. control. time line. granted for any other delays. 3. Reports Accuracy,adequacy,and All reports accurate and Reports satisfactory with Numerous errors and/or Reports consistently of poor timeliness of Contract-required complete,as well as on respect to both quality and omissions corrected prior to quality and/or late. Contents activity/progress reports,notifications, time. No rewrites or timeliness.The Performing reports being acceptable(or inadequate to permit financial reports,invoices,pay requests and additional information Party responded quickly and reminders of reports due were interpretation or analysis. other required documents,excluding HUB required. appropriately to questions or required to be sent). Reports Reports more than 5 working reports comments raised. not later than 5 working days. days late. FOR HUB PROGRAM USE ONLY: 4.HUB and/or DBE/MBE/WRF,* The Performing Party The Performing Party The Performing Party's The Performing Party did not Performing Party s achievement of(or consistently meets or satisfactorily meets the HSP marginally meets the HSP adequately meet the HSP continued responsiveness toward) exceeds the HSP and/or and/or GFE requirements. and/or GFE requirements. and/or GFE requirements. Contract contained HUB GFE requirements.All Reports satisfactory with Numerous errors and/or Reports consistently of poor Subcontracting Plan(HSP)and/or Good Faith reports accurate and respect to both quality and omissions corrected prior to quality and/or late. Contents Effort(GFE)requirements,including timely complete,as well as on timeliness.Contractor reports being acceptable(or inadequate to permit and accurate submittal of Contract-required time. No rewrites or responded quickly and reminders of reports due were interpretation or analysis. HUB related reports.*When the term HUB is additional information appropriately to questions or required to be sent). Reports Reports habitually late. used,include evaluation of Performing Party's required. comments raised. frequently late. performance of DBE/MBE/WBE requirements. • 5. Communication The Performing Party's The Performing Party The Performing Party is The Performing Party is only Not flexible to changes in accessibility,responsiveness,and consistently maintains usually flexible and intermittently responsive to scope or other circumstances. cooperativeness with respect to any Contract- excellent standing with responsive to changes in changes in Contract scope or Not cooperative or accessible. M related concerns communicated by the subcontractors,including circumstances or scope of other circumstances. Failed to maintain good o Contract Manager,plus the Performing Party's timely payments. Works work. Generally maintains Marginal team player. Failed standing with subs and failed a demonstrated relationship with subcontractors as a team member and is good standing with subs,and to make timely payments to to make payments on more rn W flexible and responsive to ensures that they are paid subs on one or two occasions. than two occasions. O changes in circumstances promptly. A E. or scope of work. co a mto — -o-a co D CDCCc, m cc CD m 5 0 o D N-+ O a.N Texas Commission on Environmental Quality 51 of 60 Contract Name Brushy Creek Watershed Protection Plan Development TCEQ Contract No_582-26-00096 6. Cost Control* The Performing Party's The Performing Party The Performing Party The Performing Party The Performing Party failed ability to observe current cost levels;compare took strong initiative to observed current cost levels; sometimes failed to observe to observe current cost levels; them with Contract or Work Order budget,as observe current cost compared them with Contract current cost levels;compare compare them with Contract applicable; and institute corrective action to levels;compare them or Work Order budget,as them with Contract or Work or Work Order budget,as keep cost within budget. with Contract or Work applicable;and instituted Order budget,as applicable; applicable;and institute *Do not include consideration of Contract or Order budget,as corrective action to keep cost and institute corrective action corrective action to keep cost Work Order budget amount changes requested applicable;and institute within budget. to keep cost within budget. within budget. or caused by TCEQ. corrective action to keep cost within budget. 7. Technology The Performing Party's The Performing is The Performing Party is The Performing Party usually The Performing Party can demonstrated technical competence and/or comfortable with and capable of applying current uses more basic technology to only apply basic technology to expertise(including competence and expertise applies current proven proven technology. Is aware solve Contract problems. Is tasks. Requires direction of subcontractors);plus the Performing Party's technology. Is familiar of,but not experienced in the aware of,but has little or no concerning appropriate innovativeness and willingness to apply,within with,and willing to use, use of latest techniques and experience in the use of more technology and solutions. the limitations of the Contract,new techniques latest techniques and solutions. current proven techniques or technologies solutions where such are and solutions. appropriate. 8. Other DESCRIBE DESCRIBE DESCRIBE DESCRIBE DESCRIBE TCEQ-20979 (Rev. 12/15/2023) N O NJ 0) U1 O_ A A 7 U1 p -o-p A o o D CD (o CD N n N T ? m ^ y 3 � , rnv N ^ O O_ N Texas Commission on Environmental Quality 52 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Attachment 2 Sponsor Award Page 53 of 60 TCEQ Contract No:582-26-00096 Attachment F: Financial Status Report (FSR) Texas Commission on Environmental Quality 53 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 56 of 72 M2601454 Attachment 2 Sponsor Award Page 54 of 60 TCEQ Contract No:582-26-00096 Texas Commission on Environmental Quality Financial Status Report Grant/Contract Title Contract Number 582- 26-00096 Work Order or PGA tt,if 582- applicable Performing Party Name and Address Performing Party ID Number Report Type ❑ Quarterly ❑ Monthly ❑ Final Period Covered by This From To Report Total Contract Period From To Budget Categories* Approved This Report Cumulative Remaining Budget Period Contract Dollars Balance Expended a. Salary/Wages** b. Fringe Benefits c. Travel** d. Supplies** e. Equipment** f. Contractual** g. Construction** h. Other** i. Total Direct Costs (sum a.—h.) j. Indirect Cost(_% x$ (Base) k. Other In-Kind Cost I. Total Project Cost (i.+j.+k.) m. Recipient Share of Expenditures(if req'd.) % n. TCEQ Reimbursement Amount(I.—m.) *Budget categories may not contain negative amounts. **Itemize all component expenditures comprising the total for each of these categories on the attached supplemental forms.Attach substantiating documentation,as required. Texas Commission on Environmental Quality 54 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 57 of 72 M2601454 Attachment 2 Sponsor Award Page 55 of 60 TCEQ Contract No:582-26-00096 Texas Commission on Environmental Quality Financial Status Report CERTIFICATION:By signing this report, I certify that I am authorized to legally bind the Performing Party named above. I certify to the best of my knowledge and belief that the report is true,complete,and accurate, and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Contract award. I am aware that any false,fictitious, or fraudulent information,or the omission of any material fact, may subject me to criminal, civil,or administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812,and state law). *If using an electronic signature instead of a typed signature, please complete the entire application before signing electronically.The ability to edit,add,or remove information will not be available after the application is electronically signed. Signature of Authorized Certifying Official Typed or Printed Name Title of Authorized Certifying Official Telephone(area code,number,ext.) ext. Date Submitted Texas Commission on Environmental Quality 55 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 58 of 72 M2601454 Attachment 2 Sponsor Award Page 56 of 60 TCEQ Contract No:582-26-00096 Supplemental Forms Substantiating Documentation(travel receipts,invoices,etc.)must be attached to this form;see Preparation Instructions.All documentation must be legible.Add more rows as necessary. Salary/Wage and Fringe Expenditures during this report period All employees must be listed on a PEL associated with the invoicing period.An updated PEL is required when employment status changes. A. Salary/Wages Employee Name Title/Position Salary(this period) Task Number(s)(If none specified, Description of Task) Total Salary/Wage Expenditures(must agree with line a.) B. Fringe ( %,if specified in contract) Total Fringe Benefits for the reporting period (must agree with line b.) Total Salary/Wage Expenditures&Fringe Benefits Travel Expenditures during this report period Employee Date(s) Destination Meals Lodging Transportation Other Task of and Purpose (provide Number(s) Travel description) (If none specified, Description of Task) Total Travel Expenditures(must agree with line c.) Texas Commission on Environmental Quality 56 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 59 of 72 M2601454 Attachment 2 Sponsor Award Page 57 of 60 TCEQ Contract No:582-26-00096 Supplemental Forms Substantiating Documentation(travel receipts,invoices,etc.)must be attached to this form;see Preparation Instructions.All documentation must be legible.Add more rows as necessary. Supplies Purchased during this report period Item Description Unit Cost Number Total Cost Task Purchased Number(s) (If none specified, Description of Task) Total Supply Expenditures(must agree with line d.) Equipment Purchased during this report period Item Description(must match Serial Unit Cost Number Total Cost Task description provided for approval) Number or Purchased Number(s) other ID (If none Number specified, Description of Task) Total Equipment Expenditures(must agree with line e.) Contractual Expenditures during this report period Subcontractor(s) Activity/Purpose Date(s) Cost(this Task Performed period) Number(s)(If none specified, Description of Task) Total Contractual Expenditures (must agree with line f.) Texas Commission on Environmental Quality 57 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 60 of 72 M2601454 Attachment 2 Sponsor Award Page 58 of 60 TCEQ Contract No:582-26-00096 Supplemental Forms Substantiating Documentation(travel receipts,invoices,etc.)must be attached to this form;see Preparation Instructions.All documentation must be legible.Add more rows as necessary. Construction Expenditures during this report period Description Activity/Purpose Cost(this Task period) Number(s)(If none specified, Description of Task) Total Construction Expenditures(must agree with line g.) Other Expenditures during this report period including Expenditures by Subgrantees Description and/or Subgrantee(s) Activity/Purpose/Quantity Cost(this Task period) Number(s)(If none specified, Description of Task) Total Other Expenditures(must agree with line h.) Other In-Kind Contributions during this report period Description and/or Subgrantee(s) Activity/Purpose/Quantity Cost(this Task period) Number(s)(If none specified, Description of Task) Total Other Expenditures(must agree with line h.) Texas Commission on Environmental Quality 58 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 61 of 72 M2601454 Attachment 2 Sponsor Award Page 59 of 60 TCEQ Contract No.582-26-00096 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("FSR",TCEQ Form 20248)and provide any required receipts or documentation. 2. The FSR must be submitted as directed under the Contract(monthly,quarterly,etc.)and meet any contractual time periods and deadlines. 3. An FSR is required even if no expenses were incurred during the report period. 4. Salary/Wage Expenditures:Unless otherwise specified in the Contract,the Performing Party does not need to attach timesheets to the FSR.The Performing Party is,however,expected to maintain such documentation that can serve to verify the total,overall hours of staff time being directly billed to this Contract.The Performing Party must provide a Level-of-Effort Certification for each salaried employee performing work under this Contract,where costs are determined based on percentage of the employee's time performing activities;unless,in accordance with the Contract and its General Terms and Conditions,TCEQ has approved another method of documentation. 5. Travel Expenditures:Unless otherwise specified in the Contract,the Performing Party must attach documentation that substantiates travel-related costs such as legible copies of Performing Party-approved travel vouchers signed by the employee who traveled;receipts showing the traveler's name,travel location, and travel dates;and itemized receipts for meals,lodging,and transportation. 6. Supplies:Unless otherwise specified in the Contract,for any single item costing more than$500,the Performing Party must attach documentation that identifies the good,the vendor or subcontractor who provided the good,and reflects the reimbursable amount listed on this form.Preferred documentation includes receipts,purchase orders,and/or invoices showing"received/paid".The Performing Party may not intentionally break up orders for the purpose of avoiding a requirement to provide confirming documentation. 7. Equipment Expenditures:TCEQ may disallow the cost of equipment purchased without prior approval. Performing Party must attach documentation that identifies the specific piece of equipment received,the serial or other identification number,the vendor who provided the equipment,and reflects the reimbursable amount listed on this form.The documentation must be either a purchase order marked"received/paid"or a vendor-provided invoice or receipt similarly showing that the expense was both paid by the Performing Party and is now in the Performing Party's possession. 8. Contractual Expenditures:Performing Party must attach documentation reflecting the contractual expenditure that identifies the services received,the subcontractor who provided the services,and reflects the reimbursable amount listed on this form.Documentation reflecting the contractual expenditure must include a dated invoice,purchase order,or receipt that shows the amount billed to and paid by the Performing Party and any"past due"amount from previous invoices. 9. Construction:Performing Party must attach documentation that demonstrates its expenditures toward completion of the Task associated,including any schedule of values or other estimates related to the work completed. 10. Other Expenditures:Unless otherwise specified in the Contract,for any subaward,single item,or service costing more than$500,the Performing Party must attach documentation that identifies the good or service, any subgrantee that performed work,and reflects the reimbursable amount listed on this form.Preferred documentation includes receipts,purchase orders and/or invoices showing"received/paid,"documentation demonstrating expenditures towards completion of the Task associated,and for expenditures by subgrantees, documentation sufficient for verifying completion of the Task or objective associated with an expenditure including documentation otherwise required under a deliverable.The Performing Party and any subgrantee may not intentionally break up orders for the purpose of avoiding a requirement to provide confirming documentation. Texas Commission on Environmental Quality 59 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 62 of 72 M2601454 Attachment 2 Sponsor Award Page 60 of 60 TCEQ Contract No:582-26-00096 11. Other In-Kind Contributions:In-kind,donated goods/equipment,or volunteer services may be recorded as contributing towards the cost-share or matching share only.These costs may not be reimbursed by TCEQ.The Performing Party must follow 2 CFR 200.306 for valuing and documenting these amounts. 12. A single expenditure may support more than one task or objective.The Performing Party may list multiple tasks or objectives supported. Texas Commission on Environmental Quality 60 of 60 Contract Name:Brushy Creek Watershed Protection Plan Development M2601454 Initial Agreement Page 63 of 72 Attachment 3A Subaward Number: Research Subaward Agreement M2601454 Pass-Through Entity (PTE) Contacts PTE Information Entity Name: 'Texas A&M AgriLife Research Legal Address: 400 Harvey Mitchell Parkway South, Suite 300 College Station, TX 77845 4375 Website: https://srs.tamu.edu/ PTE Contacts Central Email: srssubawards@tamu.edu Principal Investigator Name: Lucas Gregory Email: lucas.gregory@ag.tamu.edu Telephone Number: 1979 314 2361 Administrative Contact Name: Hunter Hooks Email: hhooks@tamu.edu Telephone Number: 1979 862 2414 COI Contact email (if different to above): Financial Contact Name: Texas A&M University Subaward Monitoring Group Email: srssubawards@tamu.edu Telephone Number: Email invoices?®Yes O No Invoice email (if different): Authorized Official Name: Lesli Kerth Email: Ikerth@tamu.edu Telephone Number: 979 845 4782 PI Address: Texas A&M AgriLife Research 2118 TAMU College Station, TX 77843 2118 Administrative Address: Texas A&M University Sponsored Research Services 400 Harvey Mitchell Parkway South, Suite 300 College Station, TX 77845 4375 Invoice Address: Texas A&M University Sponsored Research Services 400 Harvey Mitchell Parkway South, Suite 300 College Station, TX 77845 4375 M2601454 Initial Agreement Attachment 3B Subaward Number: Research Subaward Agreement M2601454 Subrecipient Contacts Subrecipient Place of Performancefor FFATA reporting Name: City of Round Rock Address: 221 E Main St City: Round Rock State: TX Zip Code+4: 78664-5271 Zip Code Look-up EIN No.: 74-6017485 DUNS: L6TJFVAE4DM5 Parent DUNS: Institution Type: Other Congressional District: 17 Is Subrecipient currently registered in SAM.gov?O Yes O No Is Subrecipient exempt from reporting executive compensation?®Yes 0 No If no, complete 3B, page 2 Subrecipient Administrative Contact Name: Cam Chapman Address: 3400 Sunrise Rd City: Round Rock State: TX Zip Code: 78665 Telephone: (737)349-2653 Email: cchapman@roundrocktexas.gov Subrecipient Principal Investigator Name: Michael Thane Address: 3400 Sunrise Rd City: Round Rock State: TX Zip Code: 78665 Telephone: (512)218-3236 Email: mthane@roundrocktexas.gov Subrecipient Financial Contact Name: Becca Thibodaux Address: 221 E Main St City: Round Rock State: TX Zip Code: 178664 Telephone: l(512)218-6646 Email:lbthibodaux@roundrocktexas.gov Central email:lbthibodaux@roundrocktexas.gov Is this the remittance address? O Yes O No Remittance Address (if different): Subrecipient Authorized Official Name: Michael Thane Address: 3400 Sunrise Rd City: Round Rock State: TX Zip Code: 78665 Telephone: (512)218-3236 Email:l mthane@roundrocktexas.gov Central email:l mthane@roundrocktexas.gov M2601454 Initial Agreement Pogo 66 of 72 Attachment 3B Page 2 Subaward Number: Research Subaward Agreement M2601454 Highest Compensated Officers Subrecipient: Institution Name: City of Round Rock PI Name: Michael Thane Highest Compensated Officers The names and total compensation of the five most highly compensated officers of the entity(ies) must be listed if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA§ 2(b)(1) Internal Revenue Code of 1986. Officer 1 Name: Officer 1 Compensation: Officer 2 Name: Officer 2 Compensation: Officer 3 Name: Officer 3 Compensation: Officer 4 Name: Officer 4 Compensation: Officer 5 Name: Officer 5 Compensation: M2601454 Initial Agreement Page 66 of 72 Attachment 4 Subaward Agreement M2601454 Reporting Requirements Report Due Date Submit to: Quarterly Technical Reports No later than 20 days of the end of Danielle Kalisek each federal quarter Draft Final Technical Report No later than 30 days prior to the Danielle Kalisek project end date Final Technical Report No later than 20 days prior to the Danielle Kalisek project end date M2601454 Initial Agreement Page 67 of 72 M2601454 Attachment 5 SOW&Budget Page 1 of 2 Sub-Recipient Scope of Work The City of Round Rock will be working with the U.S. Geological Survey(USGS) on the installation and maintenance of a water quality monitoring gage on Brushy Creek downstream of the Brushy Creek Regional Wastewater Treatment Plant to continuously monitor five water quality parameters, including turbidity, pH, DO, specific conductivity, and water temperature. Collected data will be made available to all parties involved in the project, as well as the general public on the USGS National Water Information System. Amok Category I otal Justification Amount Personnel SO N/A Fringe $0 N/A Benefits Travel $0 N/A Equipment $0 N/A Supplies $0 N/A Contractual* $0 N/A Construction $0 N/A Other $63,000 U.S. Geological Survey water quality monitoring gage installation and maintenance: $19,000 for year 1, $22,000 for year 2, and $22,000 for year 3 Indirect Sii 0%of MTDC on (Non-Federal): City of ' Category Total Amount Justification Personnel $0 N/A Fringe $0 N/A Benefits Travel $0 N/A Equipment $0 N/A Supplies $0 N/A Contractual* $0 N/A Construction $0 N/A Other $63,000 U.S. Geological Survey water quality monitoring gage installation and maintenance: $19,000 for year 1, $22,000 for year 2, and $22,000 for year 3 Indirect $0 0%of MTDC M2601454 Initial Agreement Page 68 of 72 M2601454 Attachment 5 Subrecipient/Third Party/In-Kind Cost Share SOW&Budget Page 2 of 2 SRS Proposal#: 2409731 Project Dates: Sponsor: TCEQ CWA 319 FY25 PI: Lucas Gregory Mandatory Amount Voluntary Type of Cost Sharing Amount $ - $ - Subreciplent Category DIRECT COSTS Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL SubRecipient Costs Select One City of Round Rock $ 19,000 $ 22,000 $ 22,000 $ - $ - $ 63,000 Select One Sub2 $ - $ - $ - $ - $ - $ - Select One Sub3 $ - $ - $ - $ - $ - $ - Select One Sub4 $ - $ - $ - $ - $ - $ - TotalSubReciplentCosts $ 19,000 $ 22,000 $ 22,000 $ - $ - $ 63,000 Third Party Cost Share Select One Source 1 $ - $ - $ - $ - $ - $ - Select One Source 2 $ - $ - $ - $ - $ - $ - Select One Source 3 $ - $ - $ - $ - $ - $ - Total Third Party Cost Share $ - $ - $ - $ - $ - $ - In-Kind Support Select One Source 1 $ - $ - $ - $ - $ - $ - Select One Source 2 $ - $ - $ - $ - $ - $ - Select One Source 3 $ - $ - $ - $ - $ - $ - Select One Source 4 $ - $ - $ - $ - $ - $ - Total In-Kind Support $ - $ - $ - $ - $ - $ - Modified Total Direct Costs(MTDC) $ - $ - $ - $ - $ - $ - Total Direct Costs(TDC) $ 19,000 $ 22,000 $ 22,000 $ - $ - $ 63,000 INDIRECT COSTS Rate Base Total Cost Share IDC 0.0% MTDC $ - $ - $ - $ - $ - $ - Total Indirect Costs(IDC) $ - $ - $ - $ - $ - $ - TOTAL SUBRECIPIENT/THIRD PARTY/IN-KIND COST SHARE $ 19,000 $ 22,000 $ 22,000 $ - $ - $ 63,000 M2601454 Initial Agreement Page 69 of 72 M2601454 Attachment 6 Insurance Page 1 of 2 TMLCertificate of Coverage RISK POOL TMLIRP Contract Number: 13127 Member: Company Affording Coverage: Round Rock Texas Municipal League Intergovernmental Risk Pool(TMLIRP) Mr.Kevin Vaughn PO Box 149194 Safety Program Coord Austin,TX 78714-9194 221 E Main Ave Ste 100, (512)491-2300 or(800)537-6655 Round Rock,TX 78664 Fax:(512)491-2404 Certificate Holder: Mr.Kevin Phillips Contract Negotiator II Sponsored Research Services/Texas A&M University 3578 TAMU College Stastion,Texas 77843-3578 This is to certify that the coverages listed below have been provided to the member and arc in effect at this time. Notwithstanding any requirements,terms,or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain, the coverage afforded by TMLIRP described herein is subject only to the terms,exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled. Workers'Compensation Effective Date: 10/1/2025 Anniversary Date: 10/1/2026 Limits of Liability: Statutory DESCRIPTION: Evidence of coverage as requested for the Brushy Creek Watershed Protection Plan Subaward. Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof,TMLIRP will endeavor to mail 30 days written notice to the above named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon TMLIRP. Authorized Representative:Corby Bittner Date Issued: g7-7 2/23/2026 X109 M2601454 Initial AgreeD/ 2015 Page 70 of 7 M2601454 Attachment 6 Insurance Page 2 of 2 TMLCertificate of Coverage RISK POOL TMLIRP Contract Number: 13127 Member: Company Affording Coverage: Round Rock Texas Municipal League Intergovernmental Risk Pool(TMLIRP) Mr.Michael Bennett PO Box 149194 Risk Manager Austin,TX 78714-9194 221 E Main Ave Ste 100, (512)491-2300 or(800)537-6655 Round Rock,TX 78664 Fax:(512)491-2404 Certificate Holder: Mr.Kevin Phillips Contract Negotiator II Sponsored Research Services/Texas A&M University 3578 TAMU College Stastion,Texas 77843-3578 This is to certify that the coverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements,terms,or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain,the coverage afforded by TMLIRP described herein is subject only to the terms,exclusions and additions of TMLIRP's coverage contracts between TMLIRP and its member(s). Coverage is continuous until canceled. General Liability Effective Date: 10/1/2025 Real&Personal Property Effective Date: Anniversary Date: 10/1/2026 Anniversary Date: Limits of Liability(Each Occurrence): $1,000,000 Limits of Coverage: Sudden Events Involving Pollution (Each Occurrence): $1,000,000 Deductible per Occurrence: Annual Aggregate: $2,000,000 Mobile Equipment Effective Date: Deductible per Occurrence: $2,500 Anniversary Date: Law Enforcement Liability Effective Date: Limits of Coverage: Anniversary Date: Deductible per Occurrence: Limits of Liability(Each Occurrence): Boiler&Machinery-Broad Form Effective Date: Annual Aggregate: Anniversary Date: Deductible per Occurrence: Per Accident Limit: Errors and Omissions Liability Effective Date: Deductible per Occurrence: Anniversary Date: Yes No Limits of Liability(Each Wrongful Act): Mortgagee Annual Aggregate: Loss Payee Deductible per Occurrence: Loan Number: Auto Liability Effective Date: 10/1/2025 Year/Make/Model VIN Value Anniversary Date: 10/1/2026 Limits of Liability(Each Occurrence): $1,000,000 Deductible per Occurrence: $250,000 Auto Physical Damage Effective Date: 10/1/2025 Anniversary Date: 10/1/2026 Limits of Liability: ACV or Agreed Value as scheduled Collision Deductible: Comprehensive Deductible: Yes No Loss Payee:I I Loan Number: DESCRIPTION: Evidence of coverage as requested for the Brushy Creek Watershed Protection Plan Subaward. Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof,TMLIRP will endeavor to mail 30 days written notice to the above named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon TMLIRP. Authorized Representative:Corby Bittner Date Issued: 2/23/2026 X109 M2601454 Initial Agreerzir ,2015 Page 71 0 7 M2601454 Attachment 7 Sample Invoice Page 1 of 1 SAMPLE INVOICE Remit To: Subawardee Name Invoice Date: xx/xx/xx Address Invoice No.: Address Subaward City, State Zip Agreement No.: M2601454 Current Billing Period: xx/xx/xx—xx/xx/xx TAMUS Account No.: 07-586957-01001 Subawardee Tax ID No.: 74-6017485 Final Billing(Including Final Indirect Cost Rate): Yes/No Cumulative Expenditures for Expenditures Major Cost Elements Approved Budget Current Billing Period from Inception Salaries and Wages $0 0.00 0.00 Fringe Benefits $0 0.00 0.00 Supplies $0 0.00 0.00 Travel $0 0.00 0.00 Total Direct Costs $0 0.00 0.00 Indirect Cost @ %MTDC V0 0.00 0.00 Total Costs $0 0.00 0.00 COST SHARE $0 0.00 0.00 CERTIFICATION: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award.I am aware that any false,fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,civil or administrative penalties for fraud,false statements,false claims or otherwise.(U.S.Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812). Name/Title Date Please call at(xxx)xxx-xxxx or email if you have any questions. FOR SRS USE ONLY: APPROVALS: I certify these costs were incurred to conduct research the above referenced Subaward Agreement and are properly chargeable to the account. All deliverables or reports required to date have been received and are acceptable. The work is currently on schedule and I am not aware of any delays or potential delays. Principal Investigator Date M2601454 Initial Agreement Page 72 of 72