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HomeMy WebLinkAboutContract 51456D jam(-,. CiD C1/'J'0"'2018 cr/yS �AFrq�Y rH City of Fort Woth PM2.5 a ! Y SECRETARY �J Ot TRACT NO. 5� TCEQ Contract Number 582-19-90039 Texas Commission on Environmental Quality Cooperative Reimbursement Contract for State Agencies and Local Governments CONTRACT SIGNATURE PAGE Contract Name: Contract Number: Performing Party: Performing Party Identification Number: Maximum Authorized Reimbursement: Effective Date: ® September 1, 2018 City of Fort Worth 582-19-90039 City of Fort worth 17560005286 $ 71,ioi.68 ❑ Date of last signature Expiration Date: ® August 31, 2019 ❑ Last day of Fiscal Year in which the Contract was signed ❑ If checked, this Contract requires matching funds. Match Requirement: ® If checked, this Contract is funded with federal funds. CFDA Number: 66.034 Federal Grant Number: PM-o1F30201 This Contract is entered under: ❑ Gov't Code ch. 7710 Gov't Code ch. 7910 Water Code § 5.124 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 the Texas Uniform Grant Management Standards (UGMS) and this Contract. Texas Commission on Env`- 1 iry�mental testy EQ) Authorized Signature Richard C. Chism Printed Name Director, Monitoring Division Title Date Arthur French, CTCM L j P rA Procure is & Contracts Re ese ative Printed Name Date CITY SECRETARY FT. WORTH, TX City of Fort Worth (Perkorming Party) Authorized Signature Ms. Valerie Washington Printed Name. , Assistant City Manager Y Title Date ($ t P; by t. i 0 Wald P. Gonzales, AsO. City Pagel of 58 M&C: QLl ('9(Zsh 1295: L� Ciera OF Texas Commission on �, Environmental Quality CITY SECRETARY FT. WORTH, TX City of Fort Worth (Perkorming Party) Authorized Signature Ms. Valerie Washington Printed Name. , Assistant City Manager Y Title Date ($ t P; by t. i 0 Wald P. Gonzales, AsO. City Pagel of 58 M&C: QLl ('9(Zsh 1295: L� City of Fort Wolh PIVI2.5 TCEQ Contract Number 582-19-90039 CONTRACT DOCUMENTS LIST Cooperative Reimbursement Contract for State Agencies and Local Governments This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page. Documents on this list include all amendments. In the event of a conflict of terms, the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All Contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules and regulations. • Contract Signature Page • Contract Documents List (this page) • Special Terms and Conditions • Scope of Work • Cost Budget • Federal Section (Including Federal Conditions and Completed Forms) o EPA Certification Regarding Lobby Activities o EPA Disclosure of Lobbying Activities o EPA MBW/WBE Utilization Under Federal Grants and Cooperative Agreements o TCEQ Pass - Through Funding Information and Federal Funding Accountability and Transparency Act Reporting Form • General Terms and Conditions • Notices, Project Representatives and Records Locations • Attachment A - Release of Claims • Attachment B - Budget Revision Request Form Texas Commission on Page 2 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 Special Terms and Conditions Texas Commission on Page 3 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 SPECIAL TERMS AND CONDITIONS City of Fort Worth . 582-19-90039 1. The Term of the Contract shall commence on September 1, 2018, or the date of last Contract Signature, whichever is later, and continue through August 31, 2019. This Contract may be renewed for three, one-year periods upon mutual written agreement between both Parties. The same Contract requirements apply to a renewal period and any extension as apply to the Contract period. 2. Pricing must be firm for the term of the Contract. 3. TCEQ reserves the option to add or subtract like items or services to this Contract at the same price rates, as set forth in the Price Form, during the period of the Contract including any renewals or extensions. Line item quantities listed are the TCEQ's best estimate and actual quantities will be in accordance with requirements during the Contract period and any exercised renewals or extensions. 4. The TCEQ, by unilateral amendment, may extend the Contract for up to 180 days beyond any expiration of the Contract Period. The General Terms and Conditions 4.3 No Interest for Delayed Payment is replaced in its entirety with the following: 4.3 Prompt Payment Act. TCEQ will pay uncontested invoices within 30 days of receipt. All payments shall be made in accordance with Chapter 2251 of the Texas Government Code. Texas Commission on Page 4 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 Scope of Work Texas Commission on Page 5 of 58 Environmental Quality City of Fort Woth PM2.5 SCOPE OF WORK I. FACTS/PURPOSE TCEQ Contract Number 582-19-90039 The Performing Party will operate and maintain air monitoring stations in Arlington, Eagle Mountain Lake, and Fort Worth, Texas, listed below in Table I.A, in accordance with 40 Code of Federal Regulations (CFR) Parts 50 and 58, the effective Texas Commission on Environmental Quality (TCEQ) quality assurance project plans (QAPPs) pertaining to the State or Local Air Monitoring Stations (SLAMS) network and the Particulate Matter of 2.5 Micrometers or Less (PMI.5) network, equipment standard operating procedures (SOPS), and the Preventive Maintenance Instructions (PMI) Manual. Documentation is available upon request. Air monitoring stations are subject to relocation and sampler changes (including changes in sampling frequency). In the event of site relocation, the Performing Party will be notified 30 days prior to relocation. The Performing Party will operate similar additional or relocated ambient air monitoring equipment as needed and as agreed upon by both parties. Table I.A lists all equipment and air monitoring stations operated and maintained under this contract. Table I.A: Equipment Stn"Equipment = : - _ c U1 Operating erIf C Arlington Municipal 5504 South Collins PM,., continuous monitor continuous Airport Street, Arlington, AQS 484393011 Texas 76018 CAMS 0061 Eagle Mountain Lake 14290 Morris Dido NO. monitor continuous AQS 484390075 Newark Road, Eagle CAMS 0075 Mountain, Texas 76179 Fort Worth California 1198 California PM2s FRM monitor 1/3 days Parkway North Parkway North, Fort AQS 484391053 Worth, Texas 76115 CAMS 1053 Haws Athletic Center 600'/ Congress PMZ,SFRM Sampler 1/3 days AQS 484391006 Street, Fort Worth, CAMS 0310 Texas 76107 PM2.S continuous monitor continuous Keller Federal Aviation NO. monitor continuous AQS 484392003 Administration (FAA) CAMS 0017 site off Alta Vista Road, Fort Worth, Texas 76244 AQS - Air Quality System CAMS - continuous air monitoring station FRM - federal reference method NO, - orddes of nitrogen Phf,_5- particulate matter of 2.5 micrometers or less in diameter Texas Commission on Page 9 of 58 Environmental Quality City of Fort Wath PM2.5 TCEQ Contract Number 582-19-90039 I. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF A. Provide all air monitoring equipment, parts, audit equipment, gas standards, sample media as required, communications equipment, and equipment related supplies for the proper operation of the air monitoring stations. B. Provide all electrical and communication accounts necessary for the proper operation of air monitoring stations. C. Provide all site maintenance equipment (i.e., lawnmower, edge trimmer). D. Provide shipping labels upon request for the Performing Party to ship air monitoring equipment, parts, audit equipment, and equipment related supplies to the TCEQ. E. Provide Performing Party staff with individual virtual private network (VPN) access accounts to check the site status remotely and update electronic operator logs through the TCEQ's internal status report webpage during the term of the contract. F. Provide training for equipment operations and other activities designed to increase technical capabilities required to support this agreement upon request by the Performing Party. G. Provide contact information, troubleshooting, and technical support related to TCEQ air monitoring equipment by phone, email, or on-site visits, during regular business days between the hours of 8:00 AM and 5:00 PM Central Standard Time (CST). H. Conduct annual air monitoring station field audits. I. Designation of staff • Neal Penney (817) 588-6865 is the Project Manager and point of contact for this contract. Additional experienced TCEQ staff will be available in his absence. Contact information for technical staff is available upon request. • Julie VandenBerg (512) 239-1958 is the Contract Specialist. II. PERFORMING PARTY RESPONSIBILTTIES A. At a minimum, provide one primary operator with at least six months experience with ambient air monitoring equipment and one backup site operator with similar experience. These site operators must be electrical/mechanical grade technicians capable of operating and performing light maintenance on meteorological hardware and electronic monitoring equipment. Staff must be proficient in the use of digital volt meters and personal computers. B. Designate a project representative who receives communications from the TCEQ, manages the work being performed, and acts on behalf of the Performing Party as an authorized representative. Participate in monthly phone calls with the TCEQ Project Manager. Calls will be scheduled as agreed upon by both parties and documented in writing by the TCEQ Project Manager. C. Possess and utilize the information, practical knowledge, techniques, and skills to comply with federal and state air monitoring rules, including those listed in the effective Code of Federal Regulations. Texas Commission on Page 7 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 D. Communicate effectively and promptly with TCEQ technical staff to troubleshoot malfunctioning equipment. Address all warnings and failures as soon as detected, or no later than the next business day. E. At least one operator must be present during all TCEQ assessments or site visits. At least one assessment per year should be expected. More frequent assessments may occur if significant or persistent data quality issues occur. If the data quality objectives are not met, the Performing Party must produce a corrective action plan in writing, within 30 days of notification or set deadline, including: • an assignable root cause for not meeting this specification; • the programmatic impact; • specific corrective actions taken or planned to address the nonconformance; • specific corrective actions taken or planned to prevent recurrence; • a timeline for completing each action; • the means by which corrective action completion will be documented; • the means by which corrective action will be verified as effective; and • the individual(s) responsible for implementation. F. Operate monitoring equipment according to federal regulations, established applicable SOPs, PMIs, QAPPs, and any other guidance documents. This documentation is available upon request. G. Operate air monitoring equipment according to Table VII.A and ensure the deliverables listed are performed adequately and on time. Document completion and submit deliverables in the manner listed in Table VII.A. H. Monitor the site status remotely through the agency's internal status report webpage using the TCEQ-provided VPN access. Ensure individual VPN access accounts remain active. If VPN access is lost, notify the TCEQ Project Manager upon discovery. VPN access accounts are issued to individuals annually and must not be shared amongst Performing Party's staff. I. Reply in writing to all TCEQ requests by set deadlines. Promptly respond to and comply with verbal and written guidance from the TCEQ Project Manager and technical support staff J. Document all site activities in the electronic operator log, including but not limited to requirements listed in SOPs, before leaving a site where access to electronic log is available or within two business days where site access to electronic logs is not available. K. Ensure the date of certification all equipment and gas cylinders is current. Equipment must be sent to TCEQ for certification prior to expiration. Prior approval is required to use any expired equipment or cylinders. L. Document all equipment and gas cylinder changes in Hardware Tracker within two business days of the change. M. Make travel arrangements and cover expenses for staff to attend all requested trainings, demonstrations of competency, and meetings. N. Maintain and provide as needed: documentation of shipping expenses, insurance costs (required) whether using the TCEQ account or other, and any additional information necessary to track equipment or be reimbursed for the activity. Texas Commission on Page 8 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 O. When visiting the TCEQ headquarters, all staff must enter through the front of the building, check-in with the security guard, and be escorted by TCEQ staff. P. Notify the TCEQ Project Manager immediately of any damages due to accident or vandalism. Provide pictures, police reports, and communications to provide remedy within 48 hours of discovery. The TCEQ is not responsible for damages due to negligence of the Performing Party or its subcontractors. The Performing Party must provide adequate replacement for equipment that is lost, stolen, or damaged due to negligence by the Performing Party or any subcontractor. Q. Provide arrangements to convey equipment to and from the site to TCEQ employees at mutually agreed upon locations for exchange, delivery, or transfer. The Performing Party is responsible for its own fuel, vehicle, and any other expenses associated with the requested conveyance. R. Upon request by the TCEQ, provide guided tours of the monitoring sites to local school districts or governing agencies, not to exceed four hours per quarter. S. Complete the Basic Siting Criteria checklist every six months, and submit a copy to the TCEQ Project Manager, and notify the TCEQ Project Manager of any non-conformance or obstructions to the monitoring path upon discovery. T. Complete the CAMS Operator and Safety Checklists on a monthly basis and submit a copy to the TCEQ Project Manager every month. Notify the TCEQ Project Manager about any non-conformance upon discovery. U. Identify, obtain, and document any necessary safety training annually. Ensure all training is documented and records are maintained for a minimum of five years and provided to the TCEQ Project Manager upon request. V. Provide limited logistical support related to relocating or establishing a new air monitoring site. This may include, but is not limited to, assistance with locating a new site, providing access to contractors and utility companies for site construction, and reviewing and documenting site construction activities. W. Perform transitional services. Given the nature and importance of the services requested under this contract, TCEQ must maintain uninterrupted services. The Performing Party shall provide services as needed to assist in the smooth transition of a replacement contractor. Transitional services include, but are not limited to: • the Performing Party will provide one week of training to the replacement contractor; • the Performing Party will provide reports, maps, property site contact information, keys, equipment, and other TCEQ property to any replacement contractor upon execution of said future contract; the Performing Party will report to any replacement contractor any pending problems being investigated or for which equipment repair is incomplete; • upon request by TCEQ, the Performing Party will provide to any replacement contractor access to site trailers, buildings, utilities, or other locked areas; Texas Commission on Page 9 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 • the Performing Party will notify the TCEQ Project Manager in writing when the transition of services is complete; and • at all times, the Performing Party will provide complete cooperation, courtesy, civility, and professionalism when providing transitional services and communicating with any replacement contractor staff III. DESCRIPTION OF DELIVERABLES The Performing Party must operate and maintain the air monitoring stations listed in Section I according to all applicable federal regulations and all effective TCEQ QAPPs, SOPs, and PMls, as well as any additional guidance provided by the TCEQ Project Manager to meet existing, and future, federal and state air monitoring requirements. If there are discrepancies between the TCEQ SOPS and this contract, the Performing Party must contact the TCEQ Project Manager for clarification and approval. TCEQ documents can be accessed through the TCEQ Rhone page and are also available upon request. IV. ACCEPTANCE CRITERIA The Performing Party is required to provide the TCEQ at least an 85 percent (%) quarterly data return from all monitors and samplers. If the 85% data return is not achieved, assignable cause must be identified within a week after each month end. Assignable causes may include acts of nature (tornadoes, hurricanes, hail, etc.), vandalism, or circumstances beyond the control of the Performing Party. Neglect of the site isnot an assignable cause. The parties agree that the following reduction represents a reasonable calculation for payment in the event that the Performing Party fails to meet the required 85% quarterly data return. TCEQ may reduce Performing Party's payment for the fiscal year by up to 25% if the required data return is not achieved and there is no assignable cause. The possible reduction amount (25% of the fiscal year funds) will be split evenly between each quarter of operation of each monitor. For example, if this Scope of Work calls for four monitors to be operated for four quarters each, the possible reduction amount will be split 16 ways. In that example, for each quarter that a monitor does not achieve the required data return, TCEQ may deduct up to 1/16 of the possible reduction amount. Considerations for the reduction of payment will consist of evaluation of the Performing Party's performance of required operating procedures, quality control procedures, and effective and timely communication of non-compliance issues. Non-compliance issues will also require corrective action. This adjustment is cumulative with all other remedies V. ANNUAL VENDOR PERFORMANCE EVALUATION Failure to meet contract deliverables will be noted and documented in the TCEQ Project Manager's annual performance evaluation of the Performing Party, and may determine the continuation of this contract. Texas Commission on Page 10 of 58 Environmental Quality City of Fort Woth PM2.5 VI. SCHEDULE OF DELNERABLES TCEQ Contract Number 582-19-90039 The Performing Party must provide the deliverables listed in Table VILA to the TCEQ in accordance with the noted timeframes. Table VILA: Contract Deliverables Deliverable Equipment Summa of Tasks and.Timeframes Submit to: Data NO.,, PM,,, • Collect and monitor continuous LEADS via VPN or Collection FRM, PM,., ambient air data and operate non- through the on-site continuous continuous samplers according to data logger applicable Standard Operating Procedures (SOPS) and the U.S. EPA Monitoring Schedule. • Review continuous data in Leading Environmental Analysis and Display System (LEADS) daily to ensure sampler function. Document this review in the electronic operator log on the day it occurs. Sample PM,.: FRM • Package and ship collected PM2., FRM Desert Research Collection and filters following the provided DRI Institute (DRI) Shipping shipping schedule. (Late shipments will not be tolerated). httn://eafs.dri.edu/ and LEADS via VPN • Submit PM2.; FRM electronic sample files to the lab on same day as filter shipment on the DRI shipping schedule. • Document collection and shipping dates in electronic operator log according to the requirements listed in Section III of this contract. . Complete required sample custody documentation with no errors. • Respond within 48 hours to any sample issues provided by the lab. Equipment NOx, PM,., • Respond to equipment warnings, failures or malfunctions by visiting Project Manager, Failure Response FRM, PM2., continuous the site on the same day if feasible, TCEQ Equipment Support Work Group but no later than the next business (ESWG), and LEADS day. via VPN • Notify TCEQ in writing within one business day of problem resolution. Follow the TCEQ's technical advice and instructions without exception when troubleshooting equipment. • Document all equipment actions and subsequent resolution in the electronic operator log and hardware tracker. Texas Commission on Page 11 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 Deliverable E ui ment Summary of Tasks and Timeframes Submit -to.-. Equipment NO.,, PM,., • Report equipment failures or malfunctions in writing the same day TCEQ ESWG, Project Failure and FRM, PM,., as discovered. Include symptoms or Manager, and LEADS Sample Loss continuous cause of failure and contact via VPN Report information for the Performing Party personnel immediately available to troubleshoot. • Report in writing within one business day if any continuous monitor fails to collect data for more than 48 consecutive hours or when two consecutive non -continuous samples are missed or invalid. Include reason for data loss and corrective action tan. Monthly PM,., FRM, • Perform verifications monthly within pm@tceq.texas.gov Verification PM2.5 first five business days of the month. and Report continuous • Perform verification procedures as defined by instrument SOPS. • For each verification, download a new worksheet from the TCEQ Rhone page at httn://rhone4/cgi- bin/worksheet_docs.ol . • Enter all verifications in the electronic operator log according to the requirements listed in Section III of this contract, identifying the sampler, and the date of the verification. The originator must review the worksheet for accuracy. • Verification reports must be independently reviewed by someone other than the originator prior to submission to the TCEQ to ensure accuracy. The independent review must be documented. • Submit verification report within two business days of completion. • If corrections are requested by the TCEQ Project Manager, the Performing Party will correct and return the worksheet within one business day. Texas Commission on Page 12 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 Deliverable Equipment Summary of Tasks and Timeframes Submit to: Quarterly PM2.s FRM, • Perform quarterly PM2.s audits, using unexpired audit equipment, within pm 0a Audit and PM2.5 first five business days of the Report continuous quarter. Quarters are defined in instrument SOPS. . Perform additional audits after instrument repair, modification, or replacement. • For each audit, download a new worksheet from the TCEQ Rhone at htt%//rhone4/cai- bin/worlcsheet_docs.ul page. e Enter all audits in the electronic operator log according to the requirements listed in Section III of this contract, identifying the sampler, and the date of the audit. The originator must review the worksheet for accuracy. • Audit reports must be independently reviewed by someone other than the originator prior to submission to the TCEQ to ensure accuracy. The independent review must be documented. • Submit audit reports within two business days of audit completion. • If corrections are requested by the TCEQ Project Manager, the Performing Party will correct and return the worksheet within one business day. Laboratory NO. • Perform eight LCCs per year, two per lcc@tcea.texas.gov seasonal quarter, approximately 45 Control Check days apart per instrument. (LCC) and • For each LCC, download a new Report worksheet from the TCEQ Rhone page at httu://rhone4/cgi- bin/worksheet_docs.ul. • Enter all LCCs in the electronic operator log according to the requirements listed in Section III of this contract, identifying the analyzer, and the date of the LCC. The originator must review the worksheet for accuracy. • LCC reports must be independently reviewed by someone other than the originator prior to submission to the TCEQ to ensure accuracy. The independent review must be documented. Texas Commission on Page 13 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 Deliverable Equipment Summa of Tasks and Timeframes Submit to: • Submit written notification of any failed LCC to the Project Manager on the date of the failure • Submit LCC reports within two business days of LCC completion. • If corrections are requested by the TCEQ Project Manager, the Performing Party will correct and return the worksheet within one business day. Data PM'•5 • Track and submit data completeness Project Manager and g Completeness FR reports within 30 days after the end LEADS via VPN Reports continuous continuous u of the following intervals: o September - November ■ due December 31 o December - February ■ due March 31 o March - May ■ due June 30 o June - August ■ due September 30 • Include description of how data completeness was determined and provide justification for data loss and corrective actions taken. Preventive NOx, PM,., Execute the following: • 4-014, Analyzer Sample Inlet LEADS via VPN Maintenance FRM, PM,., Particulate Filter Replacement (NOd, a Instruction continuous, minimum of every two weeks; (PMI) site • 4-360, Ambient Sample Line Completion Replacement, a minimum of once per year; • 5-360, Exhaust Scrubber Charcoal Replacement, a minimum of once per year; • 9-180, Zero Air Module Charcoal Scrubber Replacement, a minimum of once every six months; • 40-030, Cleaning the R&P Air Screens, a minimum of every 30 days; • 40-30a, Cleaning the Very Sharp Cut Cyclone, a minimum of every. 30 days; • 40-30b, Cleaning the 1" Stage and Inlet, a minimum of every 30 days; . 40-180, 2025 Battery Replacement, a minimum of every six months and at battery failure; • 41-30, T EOMAir Condition Filter, a minimum of every 30 days; • 41-030a, TEOM PM:.s SCC Adapter Cleaning, a minimum of every 30 Texas Commission on Page 14 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 Deliverable E ui ment . Summary of Tasks and Timeframes Submit to: days or at motor failure; • 41-030b, TEOM Sample Inlet CIeaning, a minimum of every 30 days; • 41-180, TEOM In -Line Auxiliary Filter Change, a minimum of every six months; • 41-180a, TEOMAir Conditioner Cleaning, a minimum of every six months; and • any future PMIs developed for this equipment with TCEQ notification. • Enter the completion of each PMI, and the date of completion, in the electronic operator log according to the requirements listed in Section III of this contract. Site site • Maintain site free of vegetation higher than six inches and trash or LEADS via VPN Maintenance debris. • Ensure site remains locked and secure when staff are not on-site. • Obtain written approval from TCEQ to change the site lock or combination. • Request and maintain vegetation control equipment from TCEQ. • Record all site maintenance in the electronic operator log according to the requirements listed in Section III of this contract. • Ensure compliance with siting criteria in 40 Code of Federal Regulations (CFR) Part 58 Appendix E. • Complete the Siting Criteria Checklist every six months, submit to the TCEQ Project Manager for review, and notify the TCEQ of any threats to siting criteria when threats occur, such as the growth of trees or construction of nearby structures. • Complete the CAMS Operator and Safety Checklists on a.monthly basis, and submit a copy to the TCEQ Project Manager for each site. Checklists must be kept at the site either electronically or as a physical copy. The checklists are located on the TCEQ Rhone page. • Notify the TCEQ Project Manager about any non-conformance or concern on the day of discovery, Texas Commission on Page 15 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 Deliverable Equipment. Summary of Tasks and Timeframes Submit to: Demonstration NO.,, PM,.S • Ensure all site operators demonstrate Project Manager J g of Competency PMx., passing DOCS. . Submit completed DOC forms and (DOC) continuous cont supporting documentation to the TCEQ Project Manager for all equipment and all current operators within 30 days after the effective date of this contract. . If an operator is hired after the effective date of this contract, submit completed DOC form within six months of the operator's hire date. Ensure the operator demonstrates a passing DOC. • Complete using DOC form, available upon request from the TCEQ Project Manager and submit within 10 business days of completion. Maintain copies of the completed forms and any supporting documentation for a minimum of 5 years. Make this documentation available upon request. • After one operator obtains DOC from TCEQ, it is the Performing Party's responsibility to DOC other staff members within their organization according to the timelines above. Inventory NO., PM,,, • Notify the Project Manager in writing within one business day of Project Manager Management FRM, PK., equipment or gas cylinder and Reports continuous replacement or change. • Document any equipment or gas cylinder replacement or change in the electronic operator log and Hardware Tracker according to the requirements listed in Section III of this contract. • Return inoperable equipment, with proper documentation of the problem, to the TCEQ within three business days of replacement. • Upon request, promptly assist the Project Manager with maintaining inventory control and with Inventory Management Database (IMD) data requests. • Track and submit quarterly TCEQ asset inventory reports on the following schedule: o September - November ■ due December 31 Texas Commission on Page 16 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 Deliverable Equipment Summa of Tasks and Timeframes Submit to: o December - February ■ due March 31 o March - May ■ due June 30 o June - August • due September 30 On-site Quality NO,, PM,, • Respond within 24 hours of receiving TCEQ Data Quality Assurance FRM, PM,., audit request to acknowledge that Team, Lead QA (QA) and continuous the request was received. Specialist, and Performance • Submit completed pre -audit Project Manager Evaluation (PE) questionnaires by set deadlines. Audits • Assist TCEQ staff or U.S. EPA auditors on-site during all TCEQ audits and assessments. • When the preliminary audit report is issued, produce a written response within two business days, for any warnings or failures. • Provide a corrective action plan to the Final Audit Report within 30 days, as described in Section III, detailing all actions to correct findings. In addition, provide a written response to address any comments in the report. Quality NO, PM,.,, • Read all QAPP documents applicable Project Manager Assurance FRM, PMS,, to Performing Partys program and Project Plan continuous send TCEQ Project Manager an email (QAPP) "read receipt" agreeing to abide by QAPP. Invoice and NO, PM,., • Submit invoices within 30 days after Project Manager Release of FRM, PM,., the end of the following intervals: Claims continuous o September - November and Submission ■ due December 31 Contract Specialist o December - February ■ due March 31 o March ■ due April 30 o April - May ■ due June 30 o June - August ■ due October 30 • Submit invoices according the requirements provided in the TCEQ Administrative Procedures for Contracted Operators document. This document can be found at http://rhone-4/cei- bin/worksheet_docs.pl. • Submit completed Release of CIaims form with final Contract invoice. Texas Commission on Page 17 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 Deliverable Equipment Summa . of Tasks and Timeframes Submit to: . • Late submittal of invoices will be noted and documented in the end of the year evaluation that may determine the continuation of this contract, • Invoices must include an organized and detailed breakdown of all expenditures. • Invoice submittal extensions must be requested at least one week before due date. • Any inappropriate expenditure, including items not related to the project, will result in the invoice being rejected. • In the event that an invoice is rejected, the Performing Party must submit a revised invoice within 10 business days of rejection date. FIRM - federal reference method met - meteorological equipment with sensors to measure wind speed, wind direction, and temperature NOx - oxides of nitrogen PM„- particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers site - trailer, fence, electrical equipment, and site pad, and any encroaching vegetation TCEQ - Texas Commission on Environmental Quality U.S. EPA - United States Environmental Protection Agency, VPN - virtual private network Texas Commission on Page 18 of 58 Environmental Quality City of Fort Wolh PM2.5 Cost Budget Texas Commission on Page 19 of 58 Environmental Quality TCEQ Contract Number 582-19-90039 City or Fort Wolh PM2,5 TCEQ Contract Number 582-19-90039 City of Fort Worth 582-19-90039 Cost Budget for Fiscal Year 2019 Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: Budget Category Cost for Work to be Performed Salary / Wages $43,111.73 Fringe Benefits $20,000.00 Travel $ 0.00 Supplies $0.00 Equipment $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Costs $7,989.95 Total $ 71,101.68 2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 16.50% of (check one): ® salary and fringe benefits ❑ modified total direct costs ❑ other direct costs base If other direct cost base, identify: This rate is less than or equal to (check one): ❑ Predetermined Rate—an audited rate that is not subject to adjustment. ® Negotiated Predetermined Rate—an experienced -based predetermined rate agreed to by Performing Party and TCEQ. This rate is not subject to adjustment. ❑ Default rate—a standard rate of ten percent of salary/wages may be used in lieu of determining the actual indirect costs of the service. Texas Commission on Page 20 or 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of budget total, identify the main constituents: 4. 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. S. Budget Categories. The Budget Categories above have the definitions, requirements and limitations stated in UGMS. Construction costs are not reimbursable without prior, specific written authorization from TCEQ 6. Budget Control. a. Cumulative transfers equal to or less than 10% of the Total Budget. Performing Party may transfer amounts between the approved direct cost budget categories so long as cumulative transfers from direct 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 approval 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 direct cost budget categories of funds greater than 10% of the Total Budget during the Contract Period. The Performing Party must request to amend the Contract. A contract amendment is required before Performing Party incurs these costs. c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre -approval in writing. 7. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to the individual named in TCEQ Project Representatives and Records Location at monthly intervals. Final invoices shall be submitted within two (2) calendar months after completing the Scope of Work activities. TCEQ may unilaterally extend this deadline by e-mail. a. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met. 8. 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. Texas Commission on Page 21 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-i9-90039 9. 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 UGMS. 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 this Contract, and waives any right it may have to reimbursement of those costs (if this Contract requires matching funds, Performing Party may claim its unreimbursed indirect costs as part or all of its match). Performing Party must fund all unreimbursed indirect costs from other funds. It Is the Performing Party's responsibility to ensure that unreimbursed indirect costs are not charged to other projects which do no benefit from them, and that it uses funding sources that may be properly used to fund its unreimbursed costs. Texas Commission on Page 22 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 Federal Terms and Forms Texas Commission on Page 23 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 Federal Conditions and Forms (GRANTS) ARTICLE 1. FEDERAL REQUIREMENTS This Agreement is funded in whole or in part with federal grant money. All applicable requirements of TCEQ's federal grants; 2 Code of Federal Regulations (CFR) Part 200, including procurement standards; and any additional federal funding conditions that arise during the Agreement period, are incorporated herein by reference. (TCEQ will provide copies of applicable federal grants or regulations upon request). The term "Performing Party" as used in these Federal Conditions means either Performing Party, Grantee, or Contractor, as applicable. ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS A royalty -free, nonexclusive, and irrevocable license to use, copy, publish, and modify any intellectual property to which rights are granted or assigned to TCEQ in this Agreement are also granted to, assigned to, or reserved by the Federal Government. ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT The Performing Party shall acknowledge the financial support of the TCEQ and the U.S. EPA whenever work funded, in whole or part, by this Agreement is publicized or reported in news media or publications. All reports and other documents completed as a part of this Agreement, other than documents prepared exclusively for internal use within the TCEQ, shall carry the following notation on the front cover or title page: PREPARED IN COOPERATION WITH THE TEXAS COMMISSIONON ENVIRONMENTAL QUALITY AND U.S. ENVIRONMENTAL PROTECTION AGENCY This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement (number) to Texas Commission on Environmental Quality. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the EPA endorse trade names or recommend the use of commercial products mentioned in this document. If the funding source is a U.S. agency other than U.S. EPA, the name of the appropriate federal agency should be substituted. ARTICLE 4. RECYCLED MATERIALS 1. When Performing Party procures $10,000 or more of a designated item in a fiscal year for this Contract or did so in the preceding fiscal year, Performing Party will select the item containing the highest percentage of recycled materials practicable as required by 42 U.S.C. 6962 and 2 CFR 200.322. This requirement does not apply to incidental purchases that are not a direct result of this Contract. Designated items are listed by the EPA in the most recent Consolidated Recovered Materials Advisory Notice. If the item with the highest percentage of recycled materials does not meet performance standards or is not available in a reasonable time or at a reasonable price, or the purchase of the item would not allow a reasonable level of competition, Performing Party may Texas Commission on Page 24 of 58 Environmental Quality City of Fort Woth PIVI2.5 TCEQ Contract Number 582-19-90039 select a different item. With its invoice, Performing Party will report any purchases to which this section applies to TCEQ and indicate the percentage of recycled materials in the items purchased. If Performing Party does not select the item containing the highest percentage of recycled materials, it will also state the reason. 2. Paper for Reports to EPA. When directed to provide paper documents, the Performing Party agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA. ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT 1. Performing Party shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with 2 CFR § 200.49. This system shall provide for the identification, accumulation, and segregation of allowable and unallowable project costs among projects. 2. Performing Party shall comply with the property management requirements of 2 CFR §§ 200.310 through 200.316. ARTICLE 6. RECORDS, ACCESS, AND AUDIT 1. The Federal Government and its agencies will have the same rights of access to records as are granted to, assigned to, or reserved by the TCEQ under this Agreement. The Performing Party shall maintain fiscal records and supporting documentation for all expenditures of funds pursuant to 2 CFR Part 200, Subparts D and F, as appropriate. 2. In accordance with 2 CFR 200.S01(a), the Performing Party shall obtain a single audit if it expends $750,000 or more a year in federal awards. ARTICLE 7. SUSPENSIONAND DEBARMENT Performing Party shall fully comply with Subpart C of 2 CFR Part 180, entitled "Responsibilities of Participants Regarding Transactions Doing Business With Other Persons," as implemented and supplemented by 2 CFR Part 1 S32. Performing Party is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Performing Party is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Performing Party acknowledges that failing to disclose the information required under 2 CFR § 180.335 may result in the delay or negation of this agreement or pursuance of legal remedies. Performing Party may access the System for Award Management at: https://www.sam.aov/portal/SAM/#1. ARTICLE 8. PROHIBITION ON USE OF FEDERAL FUNDS FOR LOBBYING AND LITIGATION 1. The Performing Party agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The Performing Party agrees that none of the funds paid under this Contract will be used to. engage in the lobbying of the Federal Government in connection with obtaining any federal contract, grant, or other award, or in litigation against the United States unless authorized under existing law. Texas Commission on Page 25 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 2. The Performing Party shall submit to the TCEQ the EPA Certification Regarding Lobbying form and if applicable, the Disclosure of Lobbying Activities form. The Performing Party must file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. 3. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. ARTICLE 9. CIVIL RIGHTS OBLIGATIONS 1. In carrying out this agreement, the recipient must comply with: a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP), by entities receiving Federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance; and C. The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving Federal financial assistance. 2. If the recipient is conducting an education program under this agreement, it must also comply with: a. Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance. 3. If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with: a. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in CWA-funded programs or activities. 4. Regulatory Requirements a. The recipient agrees to comply with all applicable EPA civil rights regulations, including: L For Title IX obligations, 40 CFR Part 5; and ii. For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 CFR Part 7. iii. As noted on the EPA Form 4700-4 signed by the recipient's authorized representative, these regulations establish specific requirements including maintaining compliance information, establishing grievance procedures, designating a Civil Rights Coordinator and providing notices of non-discrimination. 5. TITLE VI - LEP, Public Participation and Affirmative Compliance Obligation a. As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Texas Commission on Page 26 of 58 Environmental Quality City of Fort Wath PM2.5 TCEQ Contract Number 582-19-90039 Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http://www.epa.gov/civilrights/lepaccess.htm. 6. If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at http://edocket.access.gpo.gov/2006/pdf/06-2 691.pdf. 7. In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. ARTICLE 10. DISADVANTAGED BUSINESS ENTERPRISES (DBEs) 1. The Performing Party shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Performing Party shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the Performing Party to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 2. Performing Party agrees that qualified DBEs shall have the maximum practicable opportunity to participate in the performance of the Work required under this Contract through possible subcontracts to carry out portions of the Work or any goods or services procured to directly support the Work. 3. The Performing Party is required to make a good faith effort to include Historically Underutilized Businesses (HUBs) or DBEs on any procurement for subcontractors or suppliers/vendors for Work under this Contract. 4. The Performing Party must submit EPA Form 5700-52A on or before October 15 of each year of the Contract (http://www.epa.gov/osbp/pdfs/5700_52a.pdf). At minimum, this form shall include the name of the HUB or DBE; a description of the work, services, or materials provided; the amount paid to the HUB or DBE; and the name and telephone number of a contact person for the HUB or DBE. 5. The Performing Party shall retain all records documenting compliance with good faith efforts when performing under the EPA DBE program. 6. Before terminating a DBE for convenience, the Performing Party must notify TCEQ in writing. 7. If a DBE subcontractor fails to complete work for any reason, and the Performing Party plans to procure a replacement subcontractor, the Performing Party must demonstrate the same good faith effort to procure the replacement subcontractor. 8. The Performing Party must pay its subcontractors for satisfactory performance no more than 10 days from the Performing Party's receipt of payment from TCEQ. 9. TCEQ's established fair share goals are as follows: MBE GOAL( %) WBE GOAL % Texas Commission on Page 27 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19.90039 Construction 7.34 10.60 Equipment 19.5 7 19.64 Services 12.98 23.70 Supplies 19.37 14.15 ARTICLE 11. DEMONSTRATION OF COMPETENCY In accordance with EPA directive FEM 2012-02 Rev. 1, "Policy to Assure the Competency of Organizations Generating Environmental Measurement Data Under Agency -Funded Assistance Agreements," if the Work performed by the Performing Party or any of its subcontractors under this Contract includes generating or using environmental data through sample collection, field measurements and/or laboratory analysis, then it must document and maintain certification demonstrating the competency of individuals using or generating environmental data under this Contract. Certification may include training records, certificates, or educational credentials. ARTICLE 12. TRAFFICKING IN PERSONS 1. Prohibition Statement - Performing Party may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time of the award; or use forced labor in the performance of the award or subaward under the award. a. TCEQ may unilaterally terminate this award, without penalty, if a Performing Party that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement above; or (2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement through conduct that is either (a) associated with performance under this award; or (b) imputed to the Performing Party using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)", as implemented at 2 CFR Part 1532. The Performing Party must inform TCEQ immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement above. b. TCEQ`s right to terminate unilaterally: (1) implements section 106(8) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to TCEQ under this award. ARTICLE 13. MISCELLANEOUS PROVISIONS 1. Drug -Free Workplace. The Performing Party must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536. Additionally, in accordance with these regulations, the Performing Party must identify all known workplaces under its federal awards and keep this information on file during the performance of the award. Texas Commission on Page 28 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 2. Hotel and Motel Fire Safety Act. Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the Performing Party agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Performing Party may search the Hotel -Motel National Master list at https://a-pi)s.usfa.fema.gov/hotel/­ to see if a property is in compliance, or to find other information about the Act. ARTICLE 14. FEDERAL FUNDING ACCOUNTABILITYAND TRANSPARENCYACT (FFA TA) REPORTING 1. In accordance with 2 CFR Part 25, entities that receive subawards from TCEQ that are funded wholly or partially with federal funds must (1) be registered in the Central Contractor Registration (CCR) prior to submitting an application or plan or entering into an agreement; (2) maintain an active CCR registration with current information at all times while the application or plan is under consideration by TCEQ or during the term of the agreement; and (3) provide its Data Universal Numbering System (DUNS) number in each application or plan it submits to TCEQ, unless an exemption applies. 2. No funds may be received or awarded until Performing Party has complied with these requirements and provided a valid DUNS number. 3. Additionally, in accordance with 2 CFR Part 170, if certain elements are met, Performing Party must report the total compensation for each of its five most highly compensated executives for the preceding completed fiscal year. 4. These elements are found on the attached, completed TCEQ Pass -Through Funding Information and Federal Funding Accountability and Transparency Act Reporting Form. ARTICLE 15. CONSULTANT SALARY CAP 1. The salary rate (excluding overhead) paid to individual consultants retained by the Performing Party is limited to the maximum daily rate for a Level IV of the Executive Schedule, available at: https://www.oi)m.,qov/policy-data- oversight/pay-leave/salaries-wages/, and adjusted annually. 2. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This salary limit applies unless the consultant was selected through a procurement process that conforms to Subpart D of 2 CFR 200. 3. Under EPA's policy regarding payments to consultants under grants, consultants are typically individuals who are experts with excellent qualifications and are usually regarded as authorities or practitioners of unusual competence and skill by other individuals engaged in the same profession. ARTICLE 16. MANAGEMENT FEES 1. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses; unforeseen liabilities; or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project Texas Commission on Page 29 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. ARTICLE 17. COST AND PRICE OF THIS AGREEMENT The Performing Party must comply with 2 CFR §200.323. The Performing Party may request a form from TCEQ to use when performing a cost or price analysis. ARTICLE 18. CYBERSECUR17Y 1. 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. 2. 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. 3. 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 Page 30 of 58 Environmental Quality City of Fort Wolh PM2.5 Instructions on how to fill out the attached Federal Forms: TCEQ Contract Number 582-19-90039 1. Certification Regarding Lobbying (EPA Form 6600-06)- Complete and return with signed contract. Contains certifications about the use of Federal appropriated funds in connection with lobbying. If at any time during the course of the contract you have any federal lobbying to report, you must provide a Disclosure Regarding Lobbying Form (SF -LLL) to the TCEQ Project Representative, with quarterly updates. Note, this form is not attached, but may be found online. 2. MBE/WBE Utilization Under Federal Grants and Cooperative Agreements (EPA Form 5700-52A)— submitted annually on or before October 15. Detailed instructions are on the EPA Form. 3. TCEQ Pass -Through Funding Information and Federal Funding Accountability and Transparency Act Reporting Form- Completed prior to contract execution and attached below. Texas Commission on Page 31 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 A United States OMB Control No. 2030-0020 `�. EPA ENVIRONMENTAL PROTECTION AGENCY Approval expires 06/30/2017 Washington, DC 20460 EPA Project Control Number CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 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 undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in'the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients 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. Typed Name & Title of Authorized Representative Signature and Date of Authorized Representative The public reporting and recordkeeping burden for this collection of information is estimated to average 15 minutes per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, Including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number In any correspondence. Do not send the completed form to this address. EPA Form 6600-06 (Rev. 06/2014) Previous editions are obsolete. Texas Commission on Page 32 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 �PM�Y.d by OMDDISCLOSURE OF LOBBYING ACTIVITIES o1�s.ao�a Complete this form to discinse lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Types aa. contract b. El a. bld/offer/application El a• Initial filing grant b Initial award b. material change c. d. cooperative agreementa c, post -award For Material Change Only: e. loan guarantee year quarter f, loan insurance date of last report 4. Name and Address of Reporting Entity: S.. If Reporting Entity In No. 4 Is Subawardee, Enter Name ❑ Prime ❑ Subawardee and Address of Prime: Tier , if known: Congressional District. if known: Congressional District, if known: B. Federal Department/Agency; 7. Federal Program Name/Description: CFDA Number, if applicable: a. Federal Action Number, if known: 9. Award Amount, if`knownt f 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, M/1f b. Individuals Performing Services (including address if different from No. i0al (last name, first name, Mp: talftch continvArionIt-M- r 11. Amount of Payment (check all that apply): 17. Type of Payment (check all that apply): $ ❑ actual ❑ planned ❑ a. retainer ❑ b. one-time fee 13 c. commission 12. Form of Payment (check all that apply): 0 a. cash ❑ d. contingent fee 0 b. in-kind, specify: nature 0 e. deferred ❑ f. other) specify: value 14. Orlef Description of Sewices Performed or to be Performed and Dales) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated In Item 11: (attach Continuation r In 15. Continuation Sheds) SF -LLL -A attached% O Yes 0 No 16. Wommion ,-W-M-d tl.syh tht. f.,., 1, —fhoru d by tltl. It U.s.c. Signatures t-euon 1112. TMI dM lute el IObbytnr &UM1W It a MAI*" roi oWnYtion of fut upon wl%4d nNanw wu Olwd by 1M Uer above whon this Print Nanse: awe "'on— et -d. a .rn«d Ina. rtd. dacbrar M wp.,Y.d Pr.. - I m 31 U.S.C_ 13117. This Mdo,wwtlon will be npetld to tit Conp.0 .-..F mnway etd MN b. mvaN.bf- For publk k"pectton. Any p"UM who t.N, to NN tit -pulled lltclotl,to thtN M tublKl b . rMl prrt.hy M net Ittt than Telephone Na: Date: t n� .nd ,-w oa. tMn I wo.® b, .ach turn IaVha.. ' ' • ' f tttllett 'F •f •..i. ?' '+� •. . li .. Standard Form - UL 7 .. . :.. .. ..... .. .• '!J '.... •t : Yi!•. ]� �>y,• _ y:-, Y .Y.'., ... , .. :. WRKIP Texas Commission on Page 33 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 DISCLOSURE OF LOBBYING ACTIVITIES AppraVby OMS" CONTINUATION SHEET Reporting Enikyl Page of AwMdmd ler road Moprodualon funa.ed roan . w. & Texas Commission on Page 34 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOISBYING ACTIVITIES This disclosure form. shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a materia( change ,to a previous filing, pursuant. to title '31 U.S.C. section 13S2. The filing of a form is required for each payment or ment to make payment to any lobbying entity 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 a covered Federal action. Use the S.FALL-A Continuation Sheet for additional information if the spate on the form is inadequate. Complete all Items that apply for both the initial filing and material change report. Refer to the Implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to Influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate ,classification of this report. If this Is a foilowup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, .address, city, state and. zip code of the.reporting .entity. Include Congressional District, Jf known. Check the.appropr(ate classification of the reporting entity, that, designates if .it is, or expects to be, a prime or subaward recipient, Identify the tier of the subawardee, e.g., the first. subawardee of the prime Is the 1st tier. Subawards Include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the. prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans,. and loan mi comtments. 8. Enter the most appropriate Federal identifying number, available for the. Federal action identified in item T (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number; the applicalioniproposal control nurnber'assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90.001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amountnm of the award/loacomitment for the prime entity Identified In item 4 or S. 10. (a) Enter the full name, address;. city, state and zip. code of the. lobbying entity engaged by the reporting entity Identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individuals) performing vervlces, andinclude full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation. paid or reasonably expected to. be paid by the renting entity (item .4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or Mull be made (planned). Check all boxes that apply. It this Iva material change report, enter the cumulative amount of payment madeor planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the:.nature and value of the In-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.. 14. Provide a specific and.detailed description of the services that the lobbyist has performed, or will beexpected to perform, and the dates) of any services rendered. Include, all preparatory and telated activity, not -just time spent in actual contact with Federal officials. Identify the Federal official(s)or emp!oyee(s) contacted or the *offlcer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF -LLL -A Continuation Sheet(s) Is attached. 16. The certifying offidal shall sign and date .the form, print Mather name, flue, and telephone number. Publicreportlng burden for this collection.of Information b.sstlnurted to sot gp.30 Onnres per response, Includbns dffw,lnx rautewir" Irubucfldm, searchirng cxlstint data so m", Powe r g and mini "ng gigs data needed, and cornpteflrrg and sedow ng'dne cogection of Inforrnaden. Send.comnutrta regardlr� do burden asUmate or any'ott� aspect d Ws taMectton of InfomraHon, Irrcludl�.srr�estioiru For reducing 1lrh.Mrrden. to tin Ofte o/ Managarnernt and •uftet, Paperwprk Reduetlon prefect 4034IKo 6), Washingkwr D.C..20503. Texas Commission on Page 35 of 58 Environmental Quality OMB CONTROL NO. 2030-OD20 City of Fort Wolh PM2.5 TCEQ Contract NBRflW082-19-9003WI2014 APPROVAL EXPIRES: 08/d0/2017 U.S. ENVIRONMENTAL PROTECTION AGENCY MBENVBE UTILIZATION UNDER FEDERAL GRANTS AND. COOPERATIVE AGREEMENTS PART I. (Reports are required even if no procurements are made during the reporting period.) 1A. FEDERAL FISCAL YEAR 18. REPORTING PERIOD (Check ALL appropriate boxes) (Oct. 1 -Sep 30) ❑ 111 (Oct -Dec) ❑ 2nd (Jan -Mar) ❑ 3'd (Apr -Jun) In 411 (Jul -Sep) ❑ Semi -Annual (Oct -Mar) ❑ Semi -Annual (Apr -Sep) 20 ❑ Annual ❑ Check if this Is the last report for the project (Project completed). 1C. REVISION OF A PRIOR REPORT? Y BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: or N Year; Quarter. 2A. EPA FINANCIAL ASSISTANCE OFFICE ADDRESS (ATTN: DBE 3A. RECIPIENT NAME AND ADDRESS Coordinator) 2B. EPA DBE COORDINATOR 2C. PHONE: 3B. RECIPIENT REPORTING CONTACT: 3C. PHONE: Name: Name: E-mail: Fax: E-mail: Fax: 4A. FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE or CFDA (SRF State Recipients, refer to Instructions for Completion of blocks NUMBER: 4A, 5A and 5C.) 5A. TOTAL ASSISTANCE AGREEMENT AMOUNT 58. If NO procurement and NO accomplishments were made this reporting period (by the (SRF State Recipients, refer to Instructions for Completion of blocks recipients, sub -recipients, loan recipients, and prime contractors), CHECK and SKIP to Block 4A. 5A and 5C.) No. 7. (Procurements are all expenditures through contract, order, purchase, lease or barter of supplies, equipment, construction, or services needed to complete Federal assistance EPA Share: $ programs. Accomplishments, in this context, are procurements made with MBEs and/or WBEs. Recipient Share: $ 5C. Total Procurements This Reporting Period (Only include amount not reported in any prior reporting period) Total Procurement Amount $ (Include total dollar values awarded by recipient, sub -recipients and SRF loan recipients, Including MBE/WBE expenditures.) 5D. Were sub -awards Issued under this assistance agreement? Yes_ No_ Were contracts issued under this assistance agreement ? Yes_ No_ 5E. MBE/WBE Accomplishments This Reporting Period Actual MBFJWBE Procurement Accomplished: (Include total dollar values awarded by recipient, sub -recipients, SRF loan recipients and Prime Contractors.) Construction Equipment Services Supplies Total $MBE: $WBE: 6, COMMENTS: (If no MBEJWBE procurements were accomplished during the reporting period, please explain what steps you are taking to achieve the MBEANBE Program requirements specified in the terms and conditions of the Assistance Agreement.) 7, NAME OF RECIPIENT'S AUTHORIZED TITLE REPRESENTATIVE 8. SIGNATURE OF RECIPIENT'S AUTHORIZED DATE REPRESENTATIVE Texas Commission on Page 36 of 58 EPrEFOMAS7eo1e 41wi&Ilable electronically at htips://www.epa.gov/sites/production/files/2Oi4-Ograocumenis/epa form 5700 5za.par pC7 CD O O 6 N N d E z' r3 coU a w O r': IT CL C9 z H a w 0) .Q Z E = Z O a W � O E Q � F- Q Z W u � C W UQ CL W coo m C W PD W c� G O W 1] E Z v c O s 0 U c N v` ao E' m cT Z E- 0 co U v O U) a) C) Tom• f-oZ� CD criacnW c o E N N� 0 � o� va`� C m o E j o Gp�a ri c m E Z --------- --------- ------- --------- --------- C ,` Z, = a - M c C: CV W N E m a ------ ------- ar-------------- --------- --------- -------- -------- --------- --------- -------- -0 ca LL ta aQ-M C �'U G O'U E �J� a) -�� -----=-- --------- --------- ------------------ --------- --------- ------- -------- ------- U c o a� of W v O U U a) N O 'D O a O O - m E a 0 c 0 CL d 6 cr d 9 C, d c mJ! av t n cvE$ w rn� av �n m N— T 08 O 0 O 19.'- 2 A .r N 0 LUr � n ani z5 F oa E aci Up E X I- w City of Fort Wolh PM2.5 Instructions: A. General Instructions: MBE/WBE utilization is based on 40 CFR Part 33. EPA Form 5700-52A must be completed by recipients of Federal grants, cooperative agreements, or other Federal financial assistance which involve procurement of supplies, equipment, construction or services to accomplish Federal assistance programs. Recipients are required to report 30 days after the end of each federal fiscal quarter, semiannually, or annually, per the terms and conditions of the financial assistance agreement. MBE/WBE program requirements, including reporting, are material terms and conditions of the financial assistance agreement, B. Definitions: Procurement is the acquisition through contract, order, purchase, lease or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs. A contract is a written agreement between an EPA recipient and another party (also considered "prime contracts") and any lower tier agreement (also considered "subcontracts") for equipment, services, supplies, or construction necessary to complete the project. This definition excludes written agreements with another public agency. This definition includes personal and professional services, agreements with consultants, and purchase orders. A minority business enterprise (MBE) is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. In order to qualify and participate as an MBE prime or subcontractor for EPA TCEQ Contract Number 582-19-90039 recipients under EPA's DBE Program, an entity must be properly certified as required by 40 CFR Part 33, Subpart B. U.S. citizenship is required. Recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Commerce under section 5 of Executive order 11625. The reporting contact at EPA can provide additional information. A woman business enterprise (WBE) is a business concern that is, (1) at least 51 percent owned by one or more women, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women and (2) whose daily business operations are managed and directed by one or more of the women owners. In order to qualify and participate as a WBE prime or subcontractor for EPA recipients under EPA's DBE Program, an entity must be properly certified as required by 40 CFR Part 33, Subpart B. Business firms which are 51 percent owned by minorities or women, but are in fact managed and operated by non - minority individuals do not qualify for meeting MBE/WBE procurement goals, U.S. Citizenship is required. Good Faith Efforts A recipient is required to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under an EPA financial assistance agreement. These good faith efforts for utilizing MBEs and WBEs must be documented., Such documentation is subject to EPA review upon request: 1. Include of MBEs/WBEs on solicitation lists. 2. Assure that MBEs/WBEs are solicited once they are identified. 3. Divide total requirements into smaller tasks to permit maximum MBENVBE participation, where feasible. 4. Establish delivery schedules which will encourage MBENVBE participation, where feasible. 5. Encourage use of the services of the U.S. Department of Commerce's Minority Business Development Agency (MBDA) and the U.S. Small Business Administration to identify MBEsNVBEs. Texas Commission on Page 38 of 58 Environmental Quality Quarterly Reporting Due Date Semiannunl Reporting Due Date Annual Reporting Due Date Agreements January 30, awarded April 30, N/A October prior to May July 30, 30 27, 2008 October 30 Agreements awarded on N/A April 30, October or after May October 30 30 27, 2008 MBE/WBE program requirements, including reporting, are material terms and conditions of the financial assistance agreement, B. Definitions: Procurement is the acquisition through contract, order, purchase, lease or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs. A contract is a written agreement between an EPA recipient and another party (also considered "prime contracts") and any lower tier agreement (also considered "subcontracts") for equipment, services, supplies, or construction necessary to complete the project. This definition excludes written agreements with another public agency. This definition includes personal and professional services, agreements with consultants, and purchase orders. A minority business enterprise (MBE) is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. In order to qualify and participate as an MBE prime or subcontractor for EPA TCEQ Contract Number 582-19-90039 recipients under EPA's DBE Program, an entity must be properly certified as required by 40 CFR Part 33, Subpart B. U.S. citizenship is required. Recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Commerce under section 5 of Executive order 11625. The reporting contact at EPA can provide additional information. A woman business enterprise (WBE) is a business concern that is, (1) at least 51 percent owned by one or more women, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women and (2) whose daily business operations are managed and directed by one or more of the women owners. In order to qualify and participate as a WBE prime or subcontractor for EPA recipients under EPA's DBE Program, an entity must be properly certified as required by 40 CFR Part 33, Subpart B. Business firms which are 51 percent owned by minorities or women, but are in fact managed and operated by non - minority individuals do not qualify for meeting MBE/WBE procurement goals, U.S. Citizenship is required. Good Faith Efforts A recipient is required to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under an EPA financial assistance agreement. These good faith efforts for utilizing MBEs and WBEs must be documented., Such documentation is subject to EPA review upon request: 1. Include of MBEs/WBEs on solicitation lists. 2. Assure that MBEs/WBEs are solicited once they are identified. 3. Divide total requirements into smaller tasks to permit maximum MBENVBE participation, where feasible. 4. Establish delivery schedules which will encourage MBENVBE participation, where feasible. 5. Encourage use of the services of the U.S. Department of Commerce's Minority Business Development Agency (MBDA) and the U.S. Small Business Administration to identify MBEsNVBEs. Texas Commission on Page 38 of 58 Environmental Quality City of Fort Woth PM2.5 6. Require that each party to a subgrant, subagreement, or contract award take the good faith efforts outlined here. C. Instructions for Part I: 1a. Specify Federal fiscal year this report covers. The Federal fiscal year runs from October 1 st through September 30th (e.g. November 29, 2010 falls within Federal fiscal year 2011) 1b. Check applicable reporting box, quarterly, semiannually, or annually. Also indicate if this is the last report for the project. 1c. Indicate if this is a revision to a previous year, half-year, or quarter, and provide a brief description of the revision you are making. 2a -c. Please refer to your financial assistance agreement for the mailing address of the EPA financial assistance office for your agreement. The "EPA DBE Reporting Contact' is the DBE Coordinator for the EPA Region from which your financial assistance agreement was originated. For a list of DBE Coordinators please refer to the EPA OSBP website at www.epa.gov/osbp. Click on `Regional Contacts" for the name of your coordinator. 3a -c. Identify the agency, state authority, university or other organization which is the recipient of the Federal financial assistance and the person to contact concerning this report. 4a. Provide the Assistance Agreement number assigned by EPA. A separate report must be submitted for each Assistance Agreement. "For SRF recipients: In box 4a list numbers for ALL OPEN Assistance Agreements being reported on this form. Please note that although the New DBE Rule (which took effect May 27, 2008) revised the reporting frequency requirements from quarterly to semiannually, that change only applies to agreements awarded AFTER the New DBE Rule took effect. Therefore, SRF recipients may either continue to report activity for all Agreements on one form on a quarterly basis until the last award that was made prior to the New DBE Rule has been closed out; OR, the recipient may split the submission of SRF reports into quarterly reports for Agreements awarded prior the New DBE Rule, and semiannually for the awards made after the New DBE Rule. TCEQ Contract Number 582-19-90039 4b. Refer back to Assistance Agreement document for this information. 5a. Provide the total amount of the Assistance Agreement which includes Federal funds plus recipient matching funds and funds from other sources. *For SRF recipients only: SRF recipients will not enter an amount in 5a. Please leave 5a blank. 5b. Self-explanatory. 5c. Provide the total dollar amount of ALL procurements awarded this reporting period by the recipient, sub -recipients, and SRF loan recipients, Including MBE/WBE expenditures. For example: Actual dollars for procurement from the procuring office; actual contracts let from the contracts office; actual goods, services, supplies, etc., from other sources including the central purchasing/ procurement centers). "NOTE: To prevent double counting on line 5C, if any amount on 5E is for a subcontract and the prime contract has already been included on Line 5C in a prior reporting period, then report the amount going to MBE or WBE subcontractor on line 5E, but exclude the amount from Line 5C. To include the amount on 5C again would result in double counting because the prime contract, which includes the subcontract, would have already been reported. 5d. State whether or not sub -awards and/or subcontracts have been issued under the assistance agreement by indicating "yes" or "no". 5e. Where requested, also provide the total dollar amount of all MBE/WBE procurement awarded during this reporting period by the recipient, sub - recipients, SRF loan recipients, and prime contractors in the categories of construction, equipment, services and supplies. These amounts include Federal funds plus recipient matching funds and funds from other sources. IJ Texas Commission on Page 39 of 58 Environmental Quality "For SRF recipients only: In 5c please enter the total procurement amount for the quarter, or semiannual period, under all of your SRF Assistance Agreements. The figure reported in this section is not directly tied to.an individual Assistance Agreement identification number. (SRF state recipients report state procurements in this section) If there were no MBENVBE accomplishments this reporting period, please briefly explain what City of Fort Woth PM2.5 specific steps you are taking to achieve the MBE/WBE requirements specified in the terms and conditions of the Assistance Agreement. 7. Name and title of official administrator or designated reporting official. Signature, month, day, and year report submitted D. Instructions for Part II: For each MBE/WBE procurement made under this assistance agreement during the reporting period, provide the following information: 1. Check whether this procurement was made by the recipient, sub-recipient/SRF loan recipient, or the prime contractor. 2. Check either the MBE or WBE column. If a firm is both an MBE and WBE, the recipient may choose to count the entire procurement towards EITHER its MBE or WBE accomplishments. The recipient may also divide the total amount of the procurement (using any ratio it so chooses) and count those divided amounts toward its MBE and WBE accomplishments. If the recipient chooses to divide the procurement amount and count portions toward its MBE and WBE accomplishments, please state the appropriate amounts under the MBE and WBE columns on the form. The combined MBE and WBE amounts for that MBE/WBE contractor must not exceed the "Value of the Procurement' reported in column #3 3. Dollar value of procurement. 4. Date of procurement, shown as month, day, year. Date of procurement is defined as the date the contract or procurement was awarded, not the date the contractor received payment under the awarded contract or procurement, unless payment occurred on the date of award. (Where direct purchasing is the procurement method, the date of procurement is the date the purchase was made) 5. Using codes at the bottom of the form, identify type of product or service acquired through this procurement (e.g., enter 1 if construction, 2 if supplies, etc). 6. Name, address, and telephone number of MBE/WBE firm. -This data is requested to comply with provisions mandated by: statute or regulations (40 CFR Part 30, 31, TCEQ Contract Number 582-19-90039 and 33); OMB Circulars; or added by EPA to ensure sound and effective assistance management. Accurate, complete data are required to obtain funding, while no pledge of confidentiality is provided. The public reporting and recording burden for this collection of information is estimated to average I hour per response annually. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclosure or provide information to' or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency (2136), 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include the OMB Control number in any correspondence. Do not send the completed form to this address. Texas Commission on Page 40 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 Texas Commission on Environmental Quality Pass - Through. Funding Information and Federal Funding Accountability and Transparency Act Reporting Form (see attached instructions and return completed form with signed copies of contract) The purpose of the form is to identify this contract as a subaward using federal funds and to report the obligation of federal funds. 1) Recipient Name City of Ft. Worth 2) DBA Name City of Ft. Worth 3) DUNS Number 073170458 _1 4) DUNS Number+ 4 5)Address 200 Texas. Street City Ft. Worth I State Texas Zip Code 76102 Texas County Tarrant Out of State County -� 6) Parent DUNS Number 073170458 7) Primary site where the work will be performed 200 Texas Street City Ft. Worth -� State Texas Zip Code 76102 Texas County Tarrant Out of State County 8) a) In your business or organization's previous fiscal year did your business or organization (including parent El Yes organization, all branches, and all of iliates world wide receive 80 percent or more in annual gross revenues from U.S, federal contracts, subcontracts, loans, grants, sub -grants, and/or cooperative agreements? ® No IfNo, skip to Question No. 9and complete remaining questions. b) In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates world wide) receive $25,000,000 or more in annual gross revenues ❑ Yes from U.S. federal contracts, subcontracts, loans, grants, sub -grants, and/or cooperative agreements? ❑ No If No, skip to Question No. 9 and complete remaining questions. c) If Yes, complete link to SEC: http://www.sec.gov/ d) If not, then provide the following: Names and compensation of top 5 highly compensated officers, If applicable. (fhls will be the same compensation information which appears in recipient's System for Award Management (SAM) profile.) TCEQ-20589- 3Clj%RfRflAV67PSA Page 41 of 58 Page 1 of 4 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 3 >_ Texas Commission on Environmental Quality Pass - Through Funding Information and Federal Funding Accountability and Transparency Act Reporting Form (Continued) TCEC% (See attached instructions and return completed form with signed copies of contract) Name Amount Name Amount Name Amount Name Amount Name Amount 9) Recipient's Contract Number 582-19-90039 12) Preparer's Phone Number +1 (817) 392-5462 10) Form Preparer's Name Anthony Williams 13) Date Form Completed Nov 30, 2017 11) Preparer's Title Environmental Supervisor TCEQ To Complete - fill in all boxes or indicate N/A or TBD Information marked TBD will be subsequently provided by TCEQ. 14) TCEQ Contract Number 582-19-90039 15) TCEQ Amendment Number or Work Order Number (if applicable) N/A 16) Contract Effective Date Sep 1, 2018 1 17).Amendment or Work Order or Notice to Proceed Effective Date N/A 18) USAS Grant Number 225017 19) Federal Award Identification No,PM 01F30201 20) Federal Award Date Apr 24, 20.17 21) Federal Grant Start Date Apr 1, 2017 22) CFDA Program Number 166.034 123) CFDA Program Title IPM2.5 24) Federal Awarding Agency EPA 25) Amount Obligated [20,737.99 (this action) $ 26) Total Amount Obligated from Federal Award $ 20,737.99 27) Project Description Monitoring Division currently contracts with the City of fort Worth will continue to rate and maintain five continuous ambient monitoring stations (CAMS 0017, CAMS 1, CAMS 0075, CAMS 0310, and CAMS 1053) in Arlington, Eagle Mountain Lake, and Worth, Texas. 28) TCEQ Preparer's Name Julle Vandenberg TCEQ-20589- UU dated December 2015 Page 2 of 4 TRxas Commission on Page 42 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-91x!38 Texas Commission on Environmental Quality Pass - Through Funding Information and Federal Funding Accountability and Transparency Act Reporting Form (Continued) The following are EXEMPT from this form: • Vendors providing goods or services (See 2 CFR § 200.330) • Individuals acting as a natural person (i.e., not owning or operating a. business or non-profit organization in his or her name) • Federal Agencies If you believe your entity is qualified for an additional exemption for the following reasons, please notify your TCEQ Project Representative. (See 2 CFR § 25.110) • Disclosing the entity would compromise classified information, national security, or jeopardize the personal safety of the entity's clients. • Foreign entity applying for or receiving an award or subaward for a project or program performed outside the United States and valued at less than $25,000. 1) The name of the recipient organization that corresponds with the recipient's Data Universal Numbering System (DUNS) which appears in the System for Award Management (SAM) profile. 2) The "doing -business -as" name of the recipient's organization which corresponds with the recipient's DUNS which appears in the SAM profile. 3) The recipient's organization's 9 -digit DUNS number. 4) The +4 extension to the DUNS number created by registrants in SAM when there is a need for more than one bank / Electronic Funds Transfer (EFT) account for a location. 5) Address where the recipient's organization is. located which corresponds with a SAM profile. 6) The recipient's parent organization's 9 -digit DUNS number which corresponds with the parent SAM profile. 7) Primary site where the work will be performed. 8) a) In your business or organization's previous fiscal_year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive 8o percent or more in annual gross.revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Check Yes or No. If N0, skip to question #9 and complete remaining questions. b) In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive $25,000,000 or more in annual gross revenues from U.S, federal. contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Check Yes or No. If N0, skip to question #9 and complete remaining questions. c) If YES to both (a) and (b) above, then does the public have access to the information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all. affiliates worldwide) through periodic reports filed under section (13(a) or i5(d) of the Securities Exchange Act of 1.934 X15 U.S.C. 78m(a), 780(d) or section 6104 of the Internal Revenue Code of 1986? Complete the link to Securities and Exchange Commission (SEC). d) If not, then provide the following. Names and compensation of top 5 highly compensated officers; if applicable. (This will be the same compensation information which appears in recipient's SAM profile.) 9) Identifying contract number assigned by the recipient for tracking. io) Identify the form preparer's name. 11) Identify the form preparer's title. 12) Identify the form preparer's phone number. 13) Date form is completed. TCEQ-20589-U da od.Decer�ber2015 Page 3 of 4 NUX s t OmmlSSlon on Page 43 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 Texas Commission on Environmental Quality Pass - Through Funding Information and Federal Funding Accountability and Transparency Act Reporting Form Instructions (Continued) TCEQ to Complete - Each time federal funds are obligated, a form must be completed for each federal grant per contract or contract amendment. 14) Identify TCEQ's contract number. 15) Identify TCEQ's Amendment number or Work Order number (if applicable). 16) The date the contract is effective. 17) The date the Amendment, Work Order, or Notice to Proceed is effective. 18) USAS Grant Number. 19) Federal Award Identification Number (FAIN). 20) Identify date federal award signed by authorized official of federal awarding agency. 21) Identify start date of federal grant. 22) The program number associated with the published description of federal assistance program in the Catalog of Federal Domestic Assistance (CFDA). 23) The CFDA program name. 24) Name of Federal Awarding Agency. 25) Dollar amount of Federal funds obligated by this action. 26) Total dollar amount of Federal funds obligated under this contract - only for the grant indicated above. 27) Project Description (The description should capture the overall purpose of the contract and/or, if this is an umbrella contract describe the Work Order activity.) 28) Identify TCEQ's form preparer's name. WICI-201IMi991WrflSIMAIM15 Page 44 of 58 Page 4 of 4 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 General Terms and Conditions Texas Commission on Page 45 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 GENERAL TERMS AND CONDITIONS Cooperative Reimbursement Contract for State Agencies and Local Governments 1. CONTRACT PERIOD I.I. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page. If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Amendments. This Contract is not subject to competitive selection requirements and may be amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a written amendment and agreement by both parties. 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement as shown on the Contract Signature Page. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is under no obligation to offer deadline extensions which extend to the maximum availability of the contract funding source. 2.4 Grants. If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 3. ALLOWABLE COSTS 3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. Texas Commission on Page 46 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 3.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs for performing the Scope of Work. Performing Party's invoice shall conform to all reimbursement requirements specified by TCEQ. 4.2. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.3. No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. 4.4. Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 4.5. State agencies/Institutions of Higher education. If the Contractor is a State agency or institution of higher education payments must be made via interagency transaction voucher (ITV), please provide a Recurring Transaction Index (RTI) number on the face of the invoice OR if payments are to be deposited into a local bank account, the following statement must be placed on the face of the invoice: "Funds to be deposited into local bank account." For additional information, please refer to the Texas Comptroller's Accounting Policy Statement (APS) 014. 5. FINANCIAL RECORDS, ACCESS AND AUDITS 5.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this contract shall be retained for a period of three (3) years after date of submission of the final reimbursement request. Texas Commission on Page 47 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 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 the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is furnished and performed at Performing Party's sole risk as to the means, methods, design, processes, procedures and performance. 6.2 Independent Contractor. The parties agree that the Performing Party is an independent contractor. Nothing in this Contract shall create an employee - employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. 6.3 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 6.4 No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors, suppliers or other persons or organizations with a contractual relationship with the Performing Party. 7. TIME 7.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. 7.2 Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Contract for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of TCEQ). 8. CONFLICT OF INTEREST Performing Party shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically, for work performed under this Contract by Performing Party or any related entity or individual, Performing Party shall promptly disclose in writing to TCEQ any actual, apparent, or potential conflicts of interest, including but not limited to disclosure of: i. Any consulting fees or other compensation paid to employees, officers, agents of Performing Party, or members of their immediate families, or paid by subcontractor or subrecipients; or u. Any organizational conflicts of interest between Performing Party and its subcontractors or subrecipients under a subaward. No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine Texas Commission on Page 48 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 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, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non -reimbursement of expenses related to the associated activities. 9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code Section 25.6. 10. 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 Texas Commission on Page 49 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 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. 11.2 Indemnification. 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, LIABE ITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12. TERMINATION 12.1 Termination for Cause. TCEQ may, upon providing 10 days' written notice and the opportunity to cure to the Performing Party, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2 Termination for Convenience. TCEQ may, upon providing 10 days' written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. 12.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of TCEQ 13. DISPUTES, CLAIMS AND REMEDIES 13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of Performing, Party from liability under this Contract. 13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to Texas Commission on Page 50 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 this Contract. In the event of Performing Party's nonconformance, TCEQ may do one or more of the following: 13.2.1. Issue notice of nonconforming performance; 13.2.2. Reject nonconforming performance and request corrections without charge to the TCEQ; 13.2.3. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 13.2.4. Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. 15. SURVIVAL OF OBLIGATIONS. Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four (4) years beyond the termination or completion of the Contract, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit -application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 16. CONTRACT INTERPRETATION 16.1 Definitions. The word "include" and all forms such as "including" mean "including but not limited to" in the Contract and in documents issued in Accordance with the Contract, such as Work Orders or Proposals for Grant Activities (PGAs). 16.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 16.3 Delivery of Notice. Notices are deemed to be delivered three (3) working days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made Texas Commission on Page 51 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 by first class mail, facsimile transmission, email, or other commercially accepted means. 16.4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 16.5 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 16.6 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 16.7 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 16.8 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas, because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 16.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to the publication or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 16.10 Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ, no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 16.11 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 16.12 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 16.13 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 206.50 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. Texas Commission on Page 52 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 Notices, Project Representatives, and Records Location Texas Commission on Page 53 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION CONTRACT NO. 582-19-90039 PROJECT TITLE: AIR MONITORING STATIONS IN FORT WORTH 1. Representatives. The individual(s) named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the 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 Representatives. Either party may change its representative by unilateral amendment. 3. TCEQ Representatives TCEQ CONTRACT SPECIALIST (for Contractual Matters) Julie D. VandenBerg Contract Specialist Title Texas Commission on Environmental Quality P.O. Box 13087 MC -165 Austin, Texas 78711-3087 Telephone No. (512) 239-1958 Facsimile No. (512) 239-1605 4. Performing Party Representatives. For Contractual Matters Anthony Williams Project Manager 200 Texas Street Fort Worth, TX 76102 Telephone No. (817) 392-5462 TCEQ PROJECT MANAGER (for Technical Matters) Neal Penney Protect Manager Title Texas Commission on Environmental Quality 2309 Gravel Drive MC -1104 Fort Worth; Texas 76118-6951 Telephone No. (817) 588-6865 Facsimile No. (817) 588-5700 For Technical Matters John Dahlem Senior Environmental Specialist 200 Texas Street Fort Worth, TX 76102 Telephone No. (817) 999-3331 5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is identified below: ® TCEQ Project Manager / ❑ TCEQ Disbursements Section / ❑ Other: 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: 200 Texas Street Fort Worth, TX 76102 Texas Commission on Page 54 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 Attachment A: Release of Claims (Must be returned with last invoice per General Term and Condition Section 4.4) Texas Commission on Page 55 of 58 Environmental Quality City of Fort Woth PM2.5 TCEQ Contract Number 582-19-90039 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Release of Claims ------------------(Contractor) releases the Texas Commission on Environmental Quality (TCEQ), its officers, agents, and employees from all claims arising out of or relating to TCEQ Contract Number 582-19-90039, except for Contractor's final invoice in the amount of $------------ and retainage withheld by TCEQ in the amount of $ -------------- Contractor releases any and all liens related to the Contract, and relinquishes any right it may have to place liens related to the Contract. Contractor warrants that it has completed all Work described in the Contract. Executed on this --------- day of ---------------, 20----. By: -------- (signature) (name) (title) Texas Commission on Page 56 of 58 Environmental Quality City of Fort Wolh PM2.5 TCEQ Contract Number 582-19-90039 Attachment B: Budget Revision Request Form Texas Commission on Page 57 of 58 Environmental Quality City of Fort Wath PM2.5 TCEQ Contract Number 582-19-90039 BUDGET REVISION REQUEST FORM Purpose: To document recipient organization's proposed budget changes to ensure project deliverables are met and fiscal accountability. Prior TCEQ review and approval is required before incurring specific costs resulting in cumulative transfers of more than 10% of the total budget. Instructions: Complete 1. - 8. The spreadsheet will total the amounts in 9., 1., and k. 1. Recipient Organization (Name & Complete Address Including Zip Code): 2. Grant/ Contract Title: 3. Payee Identification No.: 4. TCEQ Contract No.: S. Total Project/ Grant Period: G. Budget Categories: 7. Approved Budget 8. Change Requested (+ or -) 9. New or Revised Budget 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 ( ___ %x$ ----- Salary) k.Total (sum i & J) Justification (Attach additional sheets, if necessary): Budget Revision Request must contain all signatures to be approved/valid Signature of Recipient's Representative Date Type or Printed Name and Title 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 Commisslon on Page 58 of 58 Environmental Quality Contract compliance Manager: By signing.-this,docurneq, I acknowledge that I arrithe person responsible, for, the rponitolring. and administration. 'of this contract, . Including ensuring all performance And reporting re.qu Irements. Williams NAME Environmental Supervisor TITLE 0' This form ls'N/A as No, Cityfunds Are Associated with this Contract Printed Name Signature 10/22/2018 M&C - Council Agenda City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/25/2018 - Ordinance No. 23420-09-2018 DATE: Tuesday, September 25, 2018 REFERENCE NO.: **C-28862 LOG NAME: 23TCEQ PM 2.5 CONTRACT FY19 SUBJECT: Authorize Acceptance and Execution of the Texas Commission on Environmental Quality Grant Agreement in an Amount Not to Exceed $71,101.68 for Ambient Air Monitoring Operations, Apply Indirect Costs at the Approved Percentage Rate and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2, 3, and 5) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance and execution of the Environmental Quality Grant Agreement for ambient air monitoring operations in an amount not to exceed $71,101.68 for a one year period starting September 1, 2018 through August 31, 2019; 2. Apply the indirect cost rate of 12.66 percent in accordance with the terms of the grant agreement; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the grants fund (21001) in an amount not to exceed $71,101.68. DISCUSSION: Since Fiscal Year 1999-2000, the Texas Commission on Environmental Quality (TCEQ) has contracted with the city of Fort Worth for operation and maintenance of the monitoring equipment provided by the TCEQ for five continuous air monitoring stations. The location of each station is as follows: Station Address Equipment Arlington Municipal Airport 5000 South Collins Street 1 PM 2.5 Monitor Eagle Mountain Lake 14290 Morris Dido Newark Road 1 NOx Monitor Fort Worth California Parkway North 1198 California Parkway North 1 PM 2.5 Monitor Haws Athletic Center 600 Congress Street 2 PM 2.5 Monitors Keller Federal Aviation Administration (FAA) site off Alta Vista Road 1 NOx Monitor The above monitors are located in COUNCIL DISTRICTS 2, 3, and 5. The grant contract period will be from September 1, 2018 through August 31, 2019 with a not to exceed amount of $71,101.68 for reimbursement of expenses to the city with the option to renew the initial contract for three 12 -month periods upon written consent of both parties by future amendment. Indirect costs will be charged and collected in accordance with the contractual rate. There is no local match requirement for this grant. This contract will be with a governmental entity, state agency or public institution of higher education: Texas Commission on Environmental Quality. http://apps.cfwnet.org/ecouncil/printmc.asp?id=26145&print=true&DocType=Print 1/2 10/22/2018 FISCAL INFORMATION / CERTIFICATION: MSEC - Council Agenda The Director of Finance certifies that upon approval of the above recommendations, and adoption of the attached appropriations ordinance, funds will be available in the Grants Operating Fund, as appropriated. Funds will be received on a reimbursement basis from the Grantor after payment of expenses from the City as outlined in the executed grant agreement. FUND IDENTIFIERS (FIDs): TO Fund DepartmentlAccounj Departmentccoun�Prograi Project Program ctivity Budget Reference # mount mount ID ID 1A ID Year (Chartfield 2) Year FROM CERTIFICATIONS: Submitted for City Manager's Office by_ Valerie Washington (6199) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Cody Whittenburg (5455) ATTACHMENTS 1.20180409 - PM25 Contract - FY19 -Ordinance. pAf (CFW Internal) 2. Contract Manager Signature Page.pdf (CFW Internal) 3. Final docs -582-19-90039 - Contract - Final 030218 (2),pdf (CFW Internal) http://apps.cfwnet.org/ecounciVprintmc.asp?id=26145&pdnt=true&DocType=Print 2/2 Fund Departmentccoun�Prograi Project ctivit Budget Reference # mount ID 1A ID Year I (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by_ Valerie Washington (6199) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Cody Whittenburg (5455) ATTACHMENTS 1.20180409 - PM25 Contract - FY19 -Ordinance. pAf (CFW Internal) 2. Contract Manager Signature Page.pdf (CFW Internal) 3. Final docs -582-19-90039 - Contract - Final 030218 (2),pdf (CFW Internal) http://apps.cfwnet.org/ecounciVprintmc.asp?id=26145&pdnt=true&DocType=Print 2/2