HomeMy WebLinkAboutContract 38799 CITY SEC %J
CONTRACT NOR
Texas Commission on Environmental Quality
Intergovernmental Cooperative Reimbursement Agreement
with
Federal, State and Local Governments and Agencies
CONTRACT SIGNATURE PAGE
Contract Name Whole Air Monitoring
Contract Number 582-10-86405
erforming Party City of Fort Worth
erforming Party Identification Number 17560005286001
maximum TCEQ Obligation:3 410,500.00 Effective Date: 9/1/09 or Date of last Expiration Date: 8/31/2010
signature,whichever is later.
The Texas Commission on Environmental Quality(TCEQ),an agency of the State of Texas,and the named Performin Party,a
body, agency, or political subdivision of: the United States, the State of Texas, or another State, enter this agree ent (Conti ct) tcl
cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas,including,without limitation,the
Interagency Cooperation Act,the Interlocal Cooperative Act,and Texas Water Code§§5.124 and 5.229. The Parties agree:to be effective,the
Contract must be signed by an authorized official of the TCEQ and the Performing Party;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 and this Contract;the Performing Party is not a vendor of goods and services under Texas Government Code
Chapter 2251,therefore,no interest is applicable;and the Contract may be terminated by TCEQ for its own convenience with 30 days written
notice.
Parties to the Contract: Texas Commission on Environmental (Performing Party)
Quali EQ) City of Fort Worth
By(Authorized Signature)
Printed Name: ���
Carlos Rubin tein Fernando Costa
Title: Deputy Exec tive Di ector
Assistant City Mana er
Date of Signature:
Contract Manager: Daniel McClellan T.C. Michael
Contact Phone: 512/239-6306 817/392-5455
Procurement and Contracts Paula astille' CT
Representative:
� o
OFF104L RECORD i
Version:01/16/2008 '�INSECRETARY f 1 of 63
1 FT WORTH, TX
Texas Commission on Environmental Quality
Contract 582-10-86405
APPROVED AS TO FORM & LEGALITY:
By G/ �-. /,l
Title: Assistant City Attorney
ATTEST:
By fj �\ ^
Printed Name: Marty Hendrix
Title: Cit Secreta
Date:
M & C:
CiFFid RECORD I
;W?Y SECRETARY
FT WORTH, TX
Contract Name: Whole Air Monitoring
TCEQ Contract Number:582-10-86405
Intergovernmental Cooperative Reimbursement Agreement
CONTRACT DOCUMENTS
The entire Contract between TCEQ and Performing Party is composed of the Contract Documents listed on this Page
and marked by an "X." A listed document includes all amendments. The terms "Contract" and "Grant Agreement"
include all the Contract Documents. 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.
X Contract Signature Page
X Special Terms and Conditions
X Documents Created During the Contract(including any Work Plan, or Work Plan amendment approved by
TCEQ in accordance with Contract procedures)
X Contract Activities (`Scope of Work")
TCEQ -Approved Work Plan/ Performing Party Proposal
Work Order Section
X Contract Budget
X General Terms and Conditions
Schedule of Fixed Cost for Reimbursement
X Federal Section (Including Conditions and Completed Forms)
X Project Representatives and Records Location
X Exhibit F—Operations Security Procedures for the Bio-Watch Program
X Exhibit G—Department of Homeland Security Management Directive 11042.1
X Exhibit H— Department of Homeland Security Non-Disclosure Agreement(Form 11000-6)
X Exhibit I —TCEQ Financial Status Report Form (FSR)
X Exhibit J - HUB Progress Assessment Report Form
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Inter-Governmental Cooperative Reimbursement Agreement
with
Federal, State and Local Governments and Agencies
CONTRACT ACTIVITIES
Scope of Work
A. Facts/Purpose
1. The Texas Commission on Environmental Quality(TCEQ)has a need to contract for the service to operate and
maintain sixteen (16)whole-air samplers in the Fort Worth, Texas area.
2. In general, information about the BioWatch program operations, including locations of sites, cities,etc, is considered
to be"For Official Use Only'(FOUO), or Sensitive but Unclassified(SBU)information. The PERFORMING
PARTY will protect such information in accordance with the U.S. Department of Homeland Security(DHS)
Management Directive 11042.1 and the DHS BioWatch Program Security Classification Guide(copies of both
documents are attached). As such, the PERFORMING PARTY cannot publish reports or disseminate data on this
program for general public consumption, unless otherwise approved in writing by the TCEQ Program Manager or
the DHS BioWatch Program Manager.
All PERFORMING PARTY personnel who may have access to SBU or FOUO information will be required to sign
the DHS Non-Disclosure Agreement Form(DHS Form 1 1000-6(08-04)copy attached).
3. The proposed work must be performed in compliance with all applicable federal and state statutes, regulations,
executive orders, Office of Management and Budget(OMB)circulars,and the terms and conditions presented
herein.
4. The proposed work must also be performed in accordance with currently applicable Standard Operating Procedures
(SOP)developed by the U.S. Department of Homeland Security(DHS)(reference follows),the TCEQ, and the
respective instrument manufacturers. (Ref BioWatch Field SOP-Version I-lb-FINAL; Date Issued.-December 19,
2007). In the event of conflict in procedural instructions, instructions approved by the Department of Homeland
Security shall prevail.
5. Funds provided under this Contract may only be used for the purposes set forth and relating to the BioWatch
Program as described below.
B. TCEQ Responsibilities
TCEQ staff"ill be responsible for proN iding:
1. Specific equipment and supplies necessarN to perform this service, unless otherwise noted under
Section C(PERFORMING PARTY Responsibilities)below.
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
C. PERFORMING PARTY Responsibilities
The PERFORMING PARTY shall provide:
1. The transfer of sensitive information through a secure means such as the BioWatch Portal or password-protected
email.
2. Competent personnel who, if a new hire or have not previously held a position in the BioWatch Program, must meet
the following requirements:
a. Have U.S. citizenship;
b. Have successfully passed a background or suitability investigation consistent with specific guidance from
DHS or the local Federal Bureau of Investigation (FBI);
C. Have no criminal record of felonies; and
d. Have passed an "Initial Display of Analytical Capability(IDAC)"if involved in the operation of a collector
(form provided by TCEQ).
Failure to comply with these personnel requirements may be considered a material failure to comply with the Contract
Terms.
3. Cell phones assigned to all appropriate BioWatch personnel at all times during assigned working hours.
4. Vehicles necessary to provide for all on-site services and the maintenance of an accurate mileage record reflecting
BioWatch-related activities.
5. All minor equipment or supply components considered either durable(e.g.,hinges, locks)or consumable/disposable
(e.g., fuses,wiring, wipes,gloves)and that are considered normally available at a local hardware or electronics store.
6. Purchases of equipment having a unit cost exceeding$1,000 are subject to review and prior approval of TCEQ.
D. Qualifications and Experience
Site operators shall have sufficient hands-on experience with the operation and maintenance of ambient-air particulate
samplers/collectors to pass the IDAC as required in Article C.2.d. listed above.
E. Description and Schedule of Deliverables
All deliverables must be in accordance with currenth applicable guidelines including the DHS Compendium of Standard
Operating Procedures(SOP)referenced in Article A.3.. listed above. and am other guidance mutual l -agreed upon with
the TCEQ. DHS, the Center for Disease Control and Prevention (CDC). and the DHS designated national laboratories, as
applicable.
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
The PERFORMING PARTY shall provide:
I. The collection of air monitoring samples from each active collector, seven (7)days a week. includin . but not
limited to, operations, maintenance, Quality Assurance/Quality Control (QA/ g
QC). data review. and reporting on
these activities in accordance with currently applicable SOP's.
2. Delivery of the collected daily samples to the designated analytical laboratory by the laboratory's requested deadline
and no later than three(3)hours following sample-filter collection.
3. Routine filter-holder cleaning, assembly, and maintenance as assigned.
4. Assurance that each sample is collected in accordance with the guidelines specified in the referenced DHS SOP.
5. Exclusive utilization of the Sample Management System(SMS)as provided by DHS or the DHS designated national
laboratory.
6. Completion and storage of all required documentation in accordance with the guidelines specified in the referenced
DHS SOP, including:
a. The required Filter Holder Log Form and chain-of-custody;
b. The creation of biweekly electronic backup files on securely-stored removable media;and,
C. The maintenance of each full year's data records in a secure location for one(1)full year following
December 31"of the year in which the data was generated and, after which, will be destroyed in accordance
with the currently applicable DHS SOP.
7. A record and concatenation(linking)of the Unique Identification(ID)Numbers of each collector with site location
information and provide this information as well as any updating or revisions of such information to the TCEQ
within three(3)business days of such changes(not to be confused with the twenty four(24)hour reporting deadlines
applying to Item 9., listed below).
8. The arrangement for new collector-site setup(s)or the relocation of existing collector(s)including, but not limited to,
property agreements, building contractor negotiations, electrical power, security(fencing), and site-access
requirements.
9. Performing Party shall notify TCEQ by telephone, as soon as Possible and no later than twenty our
following any significant exceptions to the normal sample-collection routine. TCEQ shall provide a list of ours
telephone numbers. These exceptions include, but are not limited to:
a. Collector failures or downtimes;
b. Site start-up or closure(whether seasonal or permanent. planned or sudden):
c. Collector relocations(note that consensus approval must be received from the TCEQ and DHS EPA LANL.
as applicable. for am relocation of permanent Bio"Watch-network collectors):
d. Special-event monitoring(i.e.. activation of spare collectors)(note that costs associated ti ith special-event
monitoring are not reimbursable under this Contract without approval by TCEQ):
e. Details regarding any breach of security including tampering
suspicious activity: or. , break-in. theft. defacement. or other
t 1n� de iation tn,m normal oPerauOn' or the IPPnned an.l rurrenik tPP11cah1c s( )p
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
10. Participation in the annual National BioWatch Workshop.
11. Appropriate training of personnel assigned to BioWatch operations and the maintenance of pool of appropriately
trained personnel.
12. The assignment of persons experienced with BioWatch operations to be available via telephone on a 24-hour, 7-day
per week,365-day per year basis.
13. Written quarterly reports submitted to TCEQ electronically within Fifteen(15)days following the end of each
calendar quarter and in accordance with established securit},procedures that include the following:
a. Identification of the primary Point of Contact(POC)and all staff conducting operations with notation of
any changes from previous reports(e.g., new hires or turnover);
b. QA information as specified in the currently applicable SOP;
C. Collector inventory details including number of operable and non-operable collectors in reserve(i.e.,
spares);and,
d. Summary of exceptions that occurred within the referenced quarter.
14. Invoicing on a quarterly basis accompanied by a detailed breakdown of expenditures including, but not limited to:
a. Personnel time specifying persons billing under this Contract by name, position, and cost;
b. Fringe benefits;
C. Travel outside of the normal work routine. including mileage/transportation(including pre-approved costs
for training);
d. Equipment(including pre-approved vehicle purchases);
e. Supplies; and
f. Other relevant expenses(including vehicular fuel and maintenance costs).
Note that the use of BioWatch funds for construction activities is not allowable. Costs associated with the setup of new or
relocated collector sites or improvements to existing collector sites, subject to prior written approval of TCEQ, are not
generally considered construction activities. All expenses for which reimbursement will be sought under this contract
must be 100%-related to BioWatch or otherwise apportioned according to the percent of the expense that is BioWatch-
related.
15. Annual inkentory of am equipment purchased having a cost of 55.000 or more per unit. due on September 30
folio"ina each year of the Contract. The inventory shall include a description of the item. serial number. and purchase
amount. See Article No ofthe Special Terms and Conditions.
16. Maintain a level of inter-governmental exchan-e and situational awareness through substantial participation in local
Bio\Vatch planning and trainine activities including' not limited to. attendance at local BioWatch Advisory
Committee (BAC)meetings:participation in local and regional exercises: maintaining routine communications with
TCEQ(including monthly conference calls)and DHS as requested or necessitated by unforeseen events.
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
F. Acceptance Criteria
If during any quarter, a 90%efficiency in filter delivery to the laboratory is not met(excluding missed deliveries due to acts of
God). TCEQ may take actions consistent with Section 15 of the General Terms and Conditions.
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
SPECIAL TERMS AND CONDITIONS
These conditions add to, or in the case of conflicts. supersede and take precedence over the general conditions set fort h in this
Contract.
1. The contract period shall be in effect from Contract execution through August 31,2010. TCEQ reserves the option to renew,
by written agreement of the parties, the Contract for two(2)additional one(1)year periods.
2. Any information provided to. gathered or produced by the PERFORMING PARTY in connection with providing services
under this Contract constitutes confidential information under Texas Government Code§§418.176-77 and 418.181,and the
PERFORMING PARTY shall not release such information without prior written authorization of the TCEQ. Confidential
information includes, but is not limited to, the areas covered, the number of areas covered,the total number of monitors, the
numbers of monitors in any given area, the specific location of monitors, the types of monitors,the identity of employees involved
in the project, and the nature of the parameters monitored.
3. Force Maieure If either party is delayed in carrying out its obligations due to acts of God, labor stoppages,or other similar
irresistible forces,the Party shall give notice and full particulars of such delay supported by sufficient evidence, in writing, to the
other Party within a reasonable time after occurrence of the delay. The time of performance by the Party shall be extended for such
a period of time as is reasonably necessary to remedy the effects thereof. Force majeure does not include ordinary delays that are
common to the industry or location. Force majeure does not include an event of the sort that this network is designed to detect.
4. PERFORMING PARTY agrees that the contract award is subject to the following requirements in addition to other
requirements listed in this Contract. The PERFORMING PARTY will ensure that these requirements are included in any
subcontract it awards.
a. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.As amended,provides that no person in the United States
shall,on the grounds of race, color, or national origin, be excluded from participation in, or be denied the
benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI
also extends protection to persons with limited English proficiency. (42 U.S.C.2000d et seq.)
b. TITLE IX OF THE EDUCATION AMENDMENTS OF 1972. Provides that no person in the United States
shall, on the basis ofsex,be excluded from participation in, or be denied benefits of, or be subject to discrimination
under any education program or activity receiving federal financial assistance. (20 U.S.C. 1681 et seq.)
C. THE AGE DISCRIMINATION ACT OF 1975. Provides that no person in the United States shall, on the basis
of age, be excluded from participation in, or be denied benefits of, or be subject to discrimination under any program or
activity receiving federal financial assistance. (42 U.S.C. 6101 et seq.)
d. SECTION 504 OF THE REHABIITATION ACT OF 1973. Provides that no other qualified individual with a
disability in the United States, shall,soleh•bi•reason of his/her disability.be excluded from participation in. or be denied
benefits of or be subject to discrimination under any program or activity receiving federal financial assistance. (29
U.S.C. 794)
e. THE AMERICANS WITH DISABILITIES ACT OF 1990(-ADA"). Prohibits discrimination on the hasis of
divabilin-in employment(Title 1). state and local government services (Title 11). places ofpublic accommodation and
commercial facilities(Title 111). (42 U.S.C. 12101-12213)
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
5. PERFORMING PARTY agrees to comply with the following requirements in addition to other requirements listed in this
Contract. The PERFORMING PARTY will ensure that these requirements are included in any subcontract it awards.
a• DRUG-FREE WORKPLACE ACT. Requires the recipient to publish a statement about its drug-free workplace
program and give a copy of the statement to each employee(including consultants and temporary personnel)who will be
involved in federally,funded activities at any,site where these activities will be carried out. Also' where work is
being performed (i.e., street address,city,state, and zip code)must be maintained on file. The PERFORMING PARTY
must notify the TCEQ Project Manager of any,employee convicted of a violation of a criminal drug statute that occurs in
the workplace. (41 U.S.C. 701 et seq.)
b. FEDERAL DEBT STATUS. The PERFORMING PARTY may not be delinquent in the repayment of any
federal debt. Examples of relevant debt include delinquent payroll or other taxes, audit disallowances, and benefit
overpayments. (OMB Circular A-129)
C. HOTEL AND MOTEL SAFETY ACT. The PERFORMING PARTY agrees to ensure that all conference,
meeting,convention or training space funded in whole or in part with federal funds, complies with the Hotel and Motel
Fire Safety Act of 1990.
6. Equipment.
a• Subject to the obligations and conditions set forth in this Contract,title to all equipment acquired under this
Contract shall vest, upon acquisition or construction, in the PERFORMING PARTY.
b. The PERFORMING PARTY agrees to conduct physical property inventories,to maintain property,records and
necessary control procedures, and to provide adequate maintenance with respect to all equipment acquired under this
Contract.
C. The PERFORMING PARTY may develop and use its own property management system which must conform to
all applicable state and local laws,rules and regulations. If an adequate system for accounting for personal property
owned by the PERFORMING PARTY or its subcontractor is not in place or currently in use,the Property Accounting
System Manual issued by the State of Texas Comptroller of Public Accounts shall be used as a guide for establishing
such a system.
d. Property records must be maintained that include a description of the property, a serial number or other
identification number,the source of property,who holds title,the acquisition date, and the cost of the property,
percentage of federal participation in the cost of the property,the location, use and condition of the
ro er
ultimate disposition data including the date of disposal and sale price of the pro P e rty� p p rh. and any
e• A physical inventory of all equipment acquired or replaced under this Contract having an initial purchase price
of Five Thousand Dollars ($5,000)or more shall be conducted annually and the results of such inventories reconciled
with the appropriate property records. Property control procedures utilized by the PERFORMING PARTY shall include
adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss. damage or theft shall be
investigated. The PERFORMING PARTY agrees to develop and cam out a program of propem maintenance as
necessar\ to keep both originalh acquired and am replaced property in good condition, and to utilize proper sales
procedures to ensure the highest possible return. in the event such equipment is sold.
f All equipment acquired or replaced under this Contract shall be used for the duration of its normally expected
useful life to support the purposes of this Contract whether or not the original projects or programs continue to be
supported by federal or state funds. `
Subject to the provisions of this .Article, if no longer needed for the support of the authorized projects or
programs referred to in the Scope of N orh. equipment acquired under thi, Contract, �khether on,,inal ��r replacement.
nr<r� he u,ed m ,rapport of other acts itie, currentl. or pre%iou,l� ,upported h% the 1 C i 11 or the f rderal Government_ or
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
alternatively,may be made available for use on other projects or programs. providing such other use will not interfere
with the work on those projects or programs for which such equipment was originally acquired.
h. The PERFORMING PARTY may. for the purpose of replacing various equipment utilized under this Contract,
either trade or sell the equipment or properties referred to in Paragraph 7(a)and use the proceeds of such trade or sale to
offset the cost of acquiring needed replacement property.
i. Items of equipment with a current per unit fair market value of less than One Thousand Dollars($1,000)may be
retained, sold or otherwise disposed of with no further obligation to the awarding agency. Methods used to determine per
unit fair market value must be documented, kept on file and made available to the awarding agency upon request.
Items of equipment with a current per unit market value of Five Thousand Dollars($5,000)or more may be retained or
sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or
proceeds from sale by the awarding agency's share of the equipment. Methods used to determine per unit fair market
value must be documented,retained on file and made available to the awarding agency upon request.
j. If prior to the termination date of this Contract,the PERFORMING PARTY or its subcontractors or subgrantees
determine that any equipment acquired with funds provided as a result of this Contract is no longer needed for support of
the programs or projects referred to in the Scope of Work,the TCEQ may require the PERFORMING PARTY to transfer
title and possession to such equipment to the TCEQ or a third party named by the TCEQ.
k. The PERFORMING PARTY agrees that if a determination is made within six(6)years of the initiation date of
this Contract that any equipment acquired with funds provided as a result of this Contract is no longer needed for support
of the programs or projects referred to in the Scope of Work,the TCEQ has a right to require the transfer of any
equipment having a fair market,per unit value of more than Five Thousand Dollars($5,000)to the TCEQ or a third party
named by the TCEQ.
7. Administrative and Cost Principles. Performing Party agrees that the following Administrative and Cost Principles, as
applicable, apply to this Contract:
a. The Uniform Grant and Contract Management Act(UGCMA), Texas Government Code, Section 783.001 et
seq.,and the Uniform Grant Management Standards(UGMS) for State Agencies
b. OMB Circular A-87"Cost Principals for State,Local, and Indian Tribal Governments"
C. OMB Circular A-102"Grants and Cooperative Agreements with State and Local Governments"
d• OMB Circular A-133 "Audits of States, Local Governments, and Non-Profit Organizations"
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Contract Name: Biowatch Monitoring Activities
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GENERAL CONDITIONS
ARTICLE 1 WORK
PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the term "Work`
means the entire completed undertaking,or the various separately identifiable parts thereof. Work includes all goods, labor,services,
materials and equipment provided in fulfillment of this Contract by any person or entity including PERFORMING PARTY's
employees, agents, assigns, suppliers, and subcontractors.
ARTICLE 2. AMENDMENT
This Contract may be amended only by written agreement signed by both parties.
ARTICLE 3. INSURANCE
PERFORMING PARTY will require its contractors and their subcontractors to maintain insurance coverage sufficient to protect TCEQ
against any and all claims that may arise out of or resulting from their performance of the Work and the other obligations undertaken in
this Contract,and to maintain Workers Compensation Insurance which complies with Texas statutory requirements.
ARTICLE 4. ACCEPTANCE CORRECTIONS WAIVER WARRANTY QUALITY
1. Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the TCEQ.
2. Corrections. PERFORMING PARTY will correct errors,omissions,and deficiencies at no charge to the TCEQ.
3. Waiver. No waiver,whether expressed or implied,shall be construed as a continuing waiver unless it is specifically described in
writing as a continuing waiver.
4. Warranty. All warranties implied by law are applicable to the Work. Nothing in this Contract nor any action of the TCEQ will act
as a disclaimer of any warranty. All warranties are for a period of ONE YEAR from the date of acceptance unless a different period is
stated in this Contract or in a written warranty. PERFORMING PARTY expressly warrants that the TCEQ will receive the benefits of
third-party warranties(whether manufacturer or supplier)applicable to the Work.
5. Quality. All materials and equipment shall be of good quality and new,except as otherwise provided in the Contract. Ifrequired by
TCEQ, PERFORMING PARTY will furnish satisfactory evidence(which may include reports of required tests)as to the kind and
quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract.
ARTICLE 5. PAYMENT
1. Payment Methods. TCEQ will reimburse PERFORMING PARTY's allowable costs of providing Work which is satisfactory,
accepted by TCEQ,and in conformity with all requirements of this Contract and applicable law.
2. Reimbursement of Actual Cost as Incurred. This Contract contains a Contract Costs Budget indicating expected contract-related
costs for the required Work. PERFORMING PARTY will be paid on the basis of reimbursement of actual costs. At the intervals
specified in the Contract Costs Budget. PERFORMING PARTY may submit a request for reimbursement of the actual costs it has
incurred. All such requests must be accompanied b} supporting documentation as required b\ this Contract. PERFORMING PARTY
agrees that the TCFQ's obligation to reimburse the PERFORMING PARTY's costs will remain N ithin the Contract Costs Budget and
that cumulative transfers among the bud,,eted direct cost categories will not exceed ten percent ( 10°o)of the total reflected therein.
a. If PERFORMING PARTY is a state a-encv as defined in Go v'rCo»F.Chapter 791,then all reimbursement requests must
be submitted to the TCEQ Project Representative on a State of Texas Interagency Transaction Voucher. All requests must be
accompanied by a summary report or invoice showing the budgeted cost categ
the amount remaining in ories for the reported expenditures and indicatin g
each caindicating
h If PFRI()R%I1 PAR I N is not a Mate acenc� then all reirnhursernent requests must hr suhnlnted to the 1( E r,t Project
Rerresrntatnc \+rtha ,ompletcd I( 1t,r/ ol,m, 1I,Jin� RC/),,�y t1(_I (,r1orm 'hUatandlasa Pr)hcahlet [IFQ.1rr pt'lOm0nt,1/
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Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
Financial Status Report Forms 269a-1,269a-3.and 269a-4. A final Financial Status Report must be submitted no later than
90 days following the termination date of this Contract.
3. Timely Payment Requests Required. TCEQ may refuse to pay any request submitted more than 90 days after the termination of this
Contract.
ARTICLE 6. SUBCONTRACTORS. OTHERS
1. Qualified Personnel. All employees and subcontractors employed by PERFORMING PARTY on or for the Work must have
sufficient qualifications to perform the Work.
2. Objections. PERFORMING PARTY will not employ any particular subcontractor,supplier or other person or organization on or
for the Work if TCEQ makes a reasonable written objection against such subcontractor, supplier, person, or organization.
PERFORMING PARTY will not be required to employ any particular subcontractor, supplier or other person or organization if
PERFORMING PARTY makes a reasonable objection.
3. Subcontracts. PERFORMING PARTY will include all provisions which may be necessary to accomplish all requirements of this
Contract in its employment policies and contracts and its subcontracts, and shall require its subcontractors to do the same.
ARTICLE 7. INTELLECTUAL PROPERTY
1. License of Future Rights. With respect to any intellectual property which is conceived,developed,written,invented,first actually
reduced to practice or otherwise produced by PERFORMING PARTY,its employees,subcontractors,or subcontractor's employees
during the performance of the Work, PERFORMING PARTY hereby assigns to TCEQ a nonexclusive, perpetual, irrevocable,
enterprise-wide license to use,copy,publish and modify such intellectual property and authorize others to do so for TCEQ purposes.
Upon termination of this Contract, all data and information by PERFORMING PARTY will be furnished to TCEQ.
2. License of Existing Rights. PERFORMING PARTY grants to TCEQ a nonexclusive,perpetual,irrevocable,enterprise-wide license
to use, copy, publish, and modify any intellectual property in the Work and to authorize others to do so for TCEQ purposes.
PERFORMING PARTY shall secure all necessary intellectual property licenses from third parties and warrants that the Work and the
intended use of the Work will not infringe any property rights of any third-party. PERFORMING PARTY agrees to require its
contractors to indemnify and hold harmless TCEQ from damages arising from or related to any infringement of rights in intellectual
property. To the extent permitted by law,PERFORMING PARTY agrees to indemnify and hold harmless TCEQ from damages arising
from or related to any infringement of rights in intellectual property.
ARTICLE 8. SEVERABILITY
The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other
provisions and the contract will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be
replaced with language that is as close as possible to the intent of the original provision.
ARTICLE 9. SUSPENSION: TERMINATION
1. For Cause. In the event of PERFORMING PARTY's failure to perform the Work as required by the Contract. violation of
applicable law. substantial or material default,or other cause. TCEQ may suspend the Work or terminate this Contract for cause.
2. Forcc:1 fajeure. In the event of delay or failure of performance caused by force majeure.TCEQ may terminate this Agreement in
whole or part upon seven (7)days NA ritten notice.
3. For Convenience. TCEQ may terminate this Contract for convenience and ti ithout cause upon seven (7)days notice.
4. Payment Adjustment. If the TCEQ terminates for convenience or because of/orce maieure.PERFORMING PARTY shall be paid
only for goods and services provided and necessary expenses incurred prior to termination.
ARTICLE 10. SURVIVAL. OF OBLIGATIONS
All represenrttions. indemnifications.x%arrantie,,and guarantees madr in, rcyuired h% or,_,k en in accordance cv ith thi,,( ontract.a,,ckcll
a. all 1 nununnL Ohl iL!atnn' rndicated in the ( 0111r,ict chill .urn nc final p,nmcnt. .onnplctlon anJ acccptancc (0 the U of and
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
termination or completion of the Contract.
ARTICLE 11. LAWS AND REGULATIONS
PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except where otherwise
expressly required by applicable law. TCEQ shall not be responsible for monitoring PERFORMING PARTY compliance with any
applicable law.
ARTICLE 12. AUDIT ACCESS TO RECORDS
The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract(including that performed by
subcontractors),and shall retain them for at least three(3)years from the date of termination of this Contract. The TCEQ,the Texas
State Auditor's Office,or any of their duly authorized representatives may review,audit,copy,or disclose the contents of such books or
records at any time.
ARTICLE 13. MISCELLANEOUS
1. Except as otherwise provided in this Contract,PERFORMING PARTY will direct all communications with the TCEQ to the Project
Representative designated by the TCEQ. The PERFORMING PARTY will designate a Project Representative to receive all
communications from the TCEQ. Both Project Representatives will be designated in writing(see Project Representatives;'Records
Location).
2. "Time is of the Essence"will apply to all time limits stated in the Contract.
3. The PERFORMING PARTY will adhere to all applicable standards,principles and guidelines detailed in the Uniform Grant and
Contract Management Standards(UGCMS),including those related to financial monitoring, auditing and record keeping.
ARTICLE 14 DELINQUENT STATE TAXES
The PERFORMING PARTY agrees that any payments due under this Contract will be applied towards any debt owed to the State of
Texas. This requirement is not applicable to PERFORMING PARTIES who are state agencies as defined in Gov't Code,Chapter 791.
ARTICLE 15. REMEDIES AND SANCTIONS
1. In accordance with Chapter 2261 Texas Government Code,the following Schedule of Remedies applies to this Contract in the event
of substandard performance or other failure to conform to the requirements of the Contract or applicable law.
a Reject the substandard performance and request corrections without charge to the TCEQ.
b. Issue a notice of substandard performance or other non-conforming act or omission.
C. Request and receive the return of any over payments or inappropriate payments.
d. Reject associated reimbursement requests and suspend payments,pending accepted revision of substandard
performance or non-conformity. Note: Funds maybe retained by TCEQ for recovery of administrative costs or returned
to funding source as authorized by agreements with the funding source and by state or federal law.
e. Suspend all or part of the Work,pending accepted revision of substandard performance or non-conformity.
f Terminate the contract, demand and receive: return of all equipment purchased of contract funds, return of all
unexpended funds, and repayment of expended funds.
2. If the TCEQ finds the PERFORMING PARTY's performance to be substandard.TCEQ max provide its wTitten evaluation report to
other governmental entities at am time TCEQ ma\ also provide its \written evaluation report to the public as authorized h\ lam.
3. TCEQ may avail itself of am remedy or sanction provided in this Contract or in law to recover am losses rising from or caused b,,
the PERFORMING PARTY's substandard performance or any non-conformity with the Contract or the law. The remedies and
sanctions available to TCEQ in this contract shall not limit the remedies available to the TCEQ under law.
ARTICLE 16. DISPUTES. CLAIMS REMEDIES
Continuing the Contract Activities. Performing Pam shall cam on the Contract Activities and adhere to the progress schedule
durin��all disputes or di ii_�reernents vv ith fCFO Wile-,ordered to stop the Contract 1ctiv itie, No Contract \ctiv itie.,hill he d laved
or postPoncd Pendlni' resoiutlon of an\ dl"P[JtCs or J11,1--R'eriwok
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Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
Payment not a Release.Neither payment by TCEQ nor any other act or omission other than an explicit written release constitutes a
release of Performing Pam' from liability for losses under this Contract.
Cumulative Remedies. The rights and remedies provided to the TCEQ in this Contract.are in addition to.and are not to be construed
in any way as a limitation of,any rights and remedies available under state and federal rules,regulations,and laws and at common law.
ARTICLE 17. INSURANCE AND INDEMNIFICATION
Insurance. Unless prohibited by law,the Performing Party shall require its contractors and suppliers to obtain and maintain during the
Contract Term adequate insurance coverages 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,whether caused by the Performing Party or by the contractor(s)
or by anyone directly or indirectly employed by either. The Performing Party shall insure the activity of its contractor in Performing
Party's own policies. Unless specifically waived by the TCEQ sufficient coverages shall include but are not limited to Workers
Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability
Insurance.
Indemnification. To the extent authorized by law,the Performing Party shall require all contractors performing the Contract Activities
on behalf of Performing Party to indemnify,defend,and hold harmless the TCEQ and Performing Party and their officers,employees
and representatives from and against all losses,liabilities,damages,and other claims of any type arising from the performance of the
Contract Activities by the Performing Party or its contractors, suppliers and agents, including those arising from a defect in design,
workmanship,materials,or from infringement of any U.S. or foreign patent,trademark or copyright;or from a breach of applicable
laws,regulations,safety standards or directives regardless of whether such acts or omissions are negligently or recklessly performed.
The defense of the TCEQ shall be subject to the authority of the Office of the Attorney General of Texas to represent the TCEQ This
covenant survives the termination of the Contract.
ARTICLE 18. RELEASE OF CLAIMS
Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work,or prior
to settlement upon termination of this Agreement and as a condition to final payment/settlement, the PERFORMING PARTY shall
execute and deliver to the TCEQ a release of all claims against the TCEQ arising under or by virtue of this Agreement.
ARTICLE l9. BANKRUPTCY CLAUSE
If the Contractor files for bankruptcy,immediately notify TCEQ in writing according to the Notice provisions AND send notification
directly to TCEQ Bankruptcy Program. The Contractor's notice to the bankruptcy program must include the appropriate contract
number(s).
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
PROJECT REPRESENTATIVES/ RECORDS LOCATION
ARTICLE 21.1 TCEQ PROJECT REPRESENTATIVE
The individual named below is the TCEQ Project Representative, who is authorized to give and receive communications and
directions on behalf of the TCEQ. All communications including all payment requests must be addressed to the TCEQ Project
Representative or his or her designee.
Daniel McClellan
(Name) Telephone No.:_(512)239-6306
Air Monitoring Coordinator for Homeland Security 165 Facsimile No.: (512)239-1605
(Title) (Mail Code)
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
ARTICLE 21.2 PERFORMING PARTY PROJECT REPRESENTATIVE
The individual named below is the PERFORMING PARTY Project Representative, who is authorized to give and receive
communications and directions on behalf of the PERFORMING PARTY. All communications to the PERFORMING PARTY will
be addressed to the PERFORMING PARTY Project Representative or his or her designee.
For Technical Matters:
T.C. Michael
(Name) Telephone No.: (817) 543-3646
Manager
(Title) Facsimile No.: 915 543-3655
1000 Throckmorton Street
(Mailing Address)
Fort Worth Texas 76102
(City) (State) (Zip Code)
ARTICLE 21.3 SUBMITTAL OF PAYMENT REQUESTS
Payment requests must be submitted to (whichever is checked):
X the TCEQ Project Representative.
❑ the TCEQ Disbursements Section.
(If neither box is checked, payment requests must be submitted to the TCEQ Project Representative).
ARTICLE 21.4 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:
(Name) Telephone No
(Tale) Facsimile No.: ( )
(Mailing Address)
(C'M (State) (Zip Code)
S �
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
CONTRACT BUDGET
FOR ACTUAL COST REIMBURSEMENT
ARTICLE 1. AUTHORIZED EXPENSE BUDGET
1.1. The authorized expenses, acquisitions, or expenditures under this Contract are as follows:
Budget Category FY 10 Budget
Personnel/Salary $226,000.00
Fringe Benefits] $56,000.00
Travel $7,000.00
Supplies $33,000.00
Equipment 0.00
Contractual 0.00
Other $28,000.00
Other- Third Party In-kind $ 0.00
Total Direct Costs $350,000.00
Authorized Indirect Costs2 $60,500.00
TCEQ Share $410,500.00
Grantee Cost Share 0.00
TOTAL COSTS $410,500.00
Fringe Rate 24.78%
Indirect Rate' 21.46%
1. Fringe benefits shall be reimbursed at actual costs and shall not exceed the above stated percentage of total direct
personnel/salary costs for the applicable period of the term of the Contract. Prior to the termination date of this Contract,
an audited fringe rate which is different from the above stated percentage of total direct personnel/salary costs for the
applicable period of the term of the Contract may be accepted by Commission. If cumulative transfers among the budgeted
cost categories caused by this approved change in fringe rate exceed ten percent(I 01//o)of the total costs,the Commission
and PERFORMING PARTY must negotiate a new contract budget and incorporate such into this Contract by way of a
contract amendment.
The PERFORMING PARTY agrees to reimburse the Commission any overpayments received as a result of the above
stated rate being higher than the approved final audited fringe rate for the period under consideration. Nothing in this
Section, or the results of any fringe rate audit or final fringe rate approval, shall cause the Commission to owe the
PERFORMING PARTY more than the"Total Costs"or result in a reduction in the deliverables as set forth in the Scope
of Work. If the final fringe rate is higher than the provisional rate. an adjustment may be made in a future year contract.
2. The indirect rate currently authorized (for the purpose of calculating amounts to be reimbursed b\ the TCEQ)
shall not exceed the above stated percentage for the applicable period of the term of the Contract, subject to the pro\isions
outlined in the Indirect Cost Rate section of this Article.
TCEQ and Performing Pam agree that costs shall not be categorized as both indirect costs and as "other"direct costs. To
facilitate this end, Performing Pam'shall provide to TCEQ a quarterly narrative of expenditures under the indirect cost
categorv. If a particular cost has been categorized as both indirect and direct(other), then Performing Pam_ shall return the
overpaid costs to TCEQ, or TCEQ%+ill count the overpaid cost as an offset against future im„ices_
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
1.2. The PERFORMING PARTY is responsible,throughout the term of this Contract, for tracking and ensuring that expenditure
amounts under this Contract remain within the various budgeted cost categories as set forth in this Article. If, after taking into consideration
the requirements set forth in this Article, the PERFORMING PARTY determines that changes or adiustments to any of the current cost
category amounts are likely to be necessary,the PERFORMING PARTY shall submit a Budget Revision Form to the TCEQ for reviex and
approval.
1.3. Indirect Cost Rate: The Commission and the PERFORMING PARTY must choose one of the following options relating to
indirect rate, and identify that option clearly in the contract budget. If no option is selected, indirect rate will NOT be reimbursed.
Option One: X
1.3.1. The PERFORMING PARTY shall comply with OMB Circular A-87 and the Uniform Grant Management Standards
(UGMS)relating to Indirect Cost Rates.
13.2. The PERFORMING PARTY shall maintain all indirect rate records for the Commission's inspection or submit records as
per the agency's request.
1.3.3. The PERFORMING PARTY agrees to utilize the provisional rate as established below and agrees to conduct an indirect rate
audit.A final indirect rate will be established based on the actual allowable costs,as provided in UGMS, for the period as
established by an audit conducted by a currently licensed independent certified public accountant and submitted to the
PERFORMING PARTY and the Commission. This indirect rate audit may be conducted at the same time as any other audit
required of the PERFORMING PARTY. The cost of the indirect rate audit will be accounted for within the indirect rate, and not
directly charged to the Commission. If the indirect rate audit is not provided to the Commission within the earlier of thirty(30)
days after receipt of the auditor's report or nine(9)months after the end of the audit period, Option Two(below)will apply.
(i) In accordance with OMB Circular A-87 and the UGMS,when the PERFORMING PARTY has a federal cognizant
agency or a state coordinating agency,the PERFORMING PARTY must submit the indirect rate approved by the federal cognizant
agency or state coordinating agency within the past twenty four(24)months as the provisional indirect rate.
(ii)Alternatively, if the PERFORMING PARTY does not have an assigned federal cognizant agency or a designated state
coordinating agency or if no rate is approved by the designated oversight agency, the Commission and the PERFORMING PARTY
may negotiate a provisional indirect rate in accordance with UGMS.
(iii)In the event,prior to the termination date of this Contract,an audited indirect rate which is different from the initial
provisional indirect rate set forth in this Section is accepted by Commission, the Commission and PERFORMING PARTY may
negotiate a new contract budget and incorporate such into this Contract by way of a contract change.
(iv)The provisional rate will be included in the Authorized Expense Budget and shall remain in effect subject to
determination of a final indirect rate which is based on an audit of the contract period, performed by a currently licensed
independent certified public accountant, which specifically examines and reports the indirect rate for the PERFORMING PARTY's
accounting period(s)covered under this Contract.
(v)The PERFORMING PARTY agrees to reimburse the Commission any overpayments received as a result of this
provisional rate being higher than the approved final audited indirect rate for the period under consideration. Nothing in this
Section, or the results of any indirect cost audit or final indirect rate approval, shall cause the Commission to owe the
PERFORMING PARTY more than the "Total Obligation Amount'or result in a reduction in the deliverables set forth in the Scope
of Fork. if the final indirect rate is higher than the provisional rate. an adjustment may be made in a future year contract.
Option Tiro:
1.3.4. Indirect Cost Rates. The PERFORMING PARTY shall comply with OMB Circular A-87 and the Uniform Grant
Management Standards (UGMS)relating to Indirect Cost Rates.
I ? � 1-he N RFt)RMIti(i PAR I ,hall maintain all indirect rate records tor the ( onunissum s mspectum or suhnut records as
Per the a_enc� revues[
PAGE 17 OF 63
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
1.3.6. PERFORMING PARTY agrees to an indirect rate of ten percent(10%)or less of the direct salary and wage costs of
providing the service, in accordance with UGMS Part 11.Attachment E. Paragraph E 2.d. No audit of this rate will be required by
the Commission. `
Option Three:
1.3.7. PERFORMING PARTY agrees to direct bill all costs and not require indirect cost for the Contract.
1.3.8 When the PERFORMING PARTY applies for final payment. the PERFORMING PARTY will certif-v on a written form
provided by TCEQ that the PERFORMING PARTY has not engaged in the lobbying of the Federal Government or in litigation
against the United States unless authorized under existing law.
ARTICLE 2. SUBMITTAL OF PAYMENT REQUESTS
Payment requests must be submitted at the interval specified below(whichever is checked, if none are checked, payment requests must be
submitted monthly; if more than one(1) is checked, invoices must be submitted when both requirements are met):
•monthly
• upon completion of deliverables specified herein (see
• upon completion of all Work
X Other(specify) Quarterly to be received within thirty(30)days after the end of the fiscal quarter. Included with the invoice
which shall be provided in a format acceptable to the TCEQ,will be the FSR Financial Status Report)and the PAR form.
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Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
FEDERAL CONDITIONS FEDERAL FORMS
ARTICLE 1. FEDERAL REQUIREMENTS
This Contract is funded in part with federal grant money. The following conditions apply to this Contract in addition to all other
contract terms. All applicable requirements of TCEQ's federal grants and 40 CFR Parts 30 through 35 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 or CONTRACTOR, as applicable.
ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS
A nonexclusive, perpetual, irrevocable license to use, copy, publish, and modify any intellectual property to which rights are granted
or assigned to TCEQ in this Contract are hereby also granted to, assigned to,or reserved by the Federal Government. To the extent
consistent with the rights of third parties, the Federal Government shall also have the right to sell any intellectual property right it
reserves or acquires through this Contract.
ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT
The PERFORMING PARTY shall acknowledge the financial support of the TCEQ and the U.S. EPA whenever work funded, in
whole or part, by this Contract is publicized or reported in news media or publications. All reports and other documents completed
as a part of this Contract, other than documents prepared exclusively for internal use within the TCEQ, shall carry the following
notation on the front cover or title page:
PREPARED IN COOPERATION WITH THE
Texas Commission on Environmental Quality AND
U.S. ENVIRONMENTAL PROTECTION AGENCY
The preparation of this report was financed through grants from the U.S. Environmental Protection Agency through the Texas
Commission on Environmental Quality.
If the funding source is a U.S. agency other than U.S. EPA, the name of the appropriate federal agency should be substituted.
ARTICLE 4. COST AND PRICE OF THIS CONTRACT
If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then PERFORMING
PARTY shall submit cost information sufficient for a cost analysis as required by 40 CFR §31.36. This information must be
submitted on forms provided by the TCEQ.
ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS
1. PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally accepted
accounting standards or principles and complies with 40 CFR§31.20. This system shall provide for the identification,accumulation,
and segregation of allowable and unallowable project costs among projects.
2. PERFORMING PARTY shall have a property management system that complies with the standard of and requirements in 40
CFR §§ 31.32 through 31.33.
ARTICLE 6. RECORD DOCUMENTS DATA RECORDS ACCESS AND AUDIT
The Federal Government and its agencies will have the same rights of access to records as are granted to,assigned to,or reserved
by the TCEQ under this Contract.
ARTICLE 7. DEBARMENT
On or prior to the effective date of this Contract, PERFORMING PARTY must submit a Certification Regarding Debarment,
Suspension, and Other Responsibility Matters. PERFORMING PARTY must also submit a Certification Regarding Debarment,
Suspension, and Other Responsibility Matters / Lower Tier for each subcontractor it employs to conduct the Work. These
certifications must be submitted on forms provided by the TCEQ.
ARTICLE 8. DISADVANTAGED BUSINESS ENTERPRISES: MINORITY BUSINESS ENTERPRISES /WOMEN'S BUSINESS
ENTERPRISES (DBE's)
1. In order to qualify and participate as an MBE or WBE prime or subcontractor for EPA recipients under EPA's DBE Program, an
entity must be properly certified as required by 40 C.F.R. 33 Subpart B. DBE's must be certified by the following entities: EPA; the
U.S. Small Business Administration, under its 8(a) Business Development Program or its Small Disadvantaged Business Program;
the U.S. Department of Transportation, under its regulations for Participation by DBE's in DOT Programs; an Indian Tribal
Government, State Government, Local Government, or independent private organization in accordance with EPA's 8% or 10%
statute as applicable State of Texas certified Historically Underutilized Businesses (HUB's) are certified DBEs
2 If the General Conditions of this Contract contain a requirement that PERFORMING PARTY submit information regarding its
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Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
subcontracts with HUBs as defined by Texas law, then PERFORMING PARTY shall comply with the Hub requirements as well as
the DBE requirements imposed on TCEQ in the federal grant or grants funding this Contract, and submit information regarding its
subcontracts with Certified DBE's and Hub's on forms provided by the TCEQ.
3. PERFORMING PARTY agrees that qualified DBE's 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 and by way of
goods and/or services procurement contracts that directly support the required Work.
4. PERFORMING PARTY will submit a completed HUB PROGRESS ASSESSMENT REPORT with each reimbursement request
submitted. At a minimum this report shall include the name of the DBE, a description of the work, services or materials provided,
the amount paid to the DBE, and the name and telephone number of a contact person within the DBE.
5. The PERFORMING PARTY shall conduct the following actions in connection with solicitations for subcontractors and for suppliers
(vendors) of contract-required goods and/or services:
5.1. Place qualified DBE's on solicitation lists for subcontractors and vendors;
5.2.Assure that at least three(3) DBE's are solicited whenever they are potential sources for subcontractor-performed work
or vendor-provided goods and/or services;
5.3. Each solicitation shall include a copy of the specifications, adequate information about the plans, Scope of Service, and
requirements of the work to be subcontracted or the goods and/or services to be procured, and shall provide sufficient time to
allow all interested parties the opportunity to participate effectively;
5.4. Records of solicitations for subcontractor and/or vendor services, including the responses received from potential DBE's
subcontractors and vendors, shall be maintained and reported to TCEQ;
5.5. Submit explanatory information in cases where bids were not solicited prior to obtaining the services of subcontractors or
vendors, or where a DBE's was low bidder but the subcontract or procurement contract was awarded to a non DBE;
5.6 Divide total subcontractor or vendor requirements,when economically feasible, into smaller tasks or quantities to permit
maximum participation by such business enterprises; if sufficient subcontracting or goods and/or service provider
opportunities are not available, PERFORMING PARTY shall submit explanatory information to TCEQ;
5.7. Establish delivery schedules, where requirements permit, which encourage participation by DBE's;
5.8. Utilize the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL) and Historically
Underutilized Business(HUB)Directory(<http://www.cpa.state.tx.us>)and the services and assistance of the Small Business
Administration and the Minority Business Development Agency of the U.S. Department of Commerce(<http://www.doc.gov>)
when searching for DBE's.
6. The PERFORMING PARTY must pay its subcontractors for satisfactory performance no more than 30 days from the Performing
Party's receipt of payment from TCEQ.
7. Before terminating a DBE for convenience, the PERFORMING PARTY must notify TCEQ in writing.
8. 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 undertake the actions listed in 5.1 - 5.8 of this Article.
9. The PERFORMING PARTY shall provide the attached DBE Subcontractor Participation Form, EPA Form 6100-2,to all its DBE
subcontractors with instructions that each DBE may complete the form and submit it directly to the appropriate EPA DBE
Coordinator, Deborah Bradford, EPA Region 6, Small and Disadvantaged Business Coordinator. EPA Form 6100-2 gives a
DBE subcontractor the opportunity to describe the work the DBE subcontractor received from the prime contractor, how much
the DBE subcontractor was paid and any other concerns the DBE subcontractor might have,for example reasons why the DBE
subcontractor believes it was terminated by the PERFORMING PARTY.
10. The PERFORMING PARTY must have its DBE subcontractors complete EPA Form 6100-3, DBE Program Subcontractor
Performance Form The Performing Party must include all completed forms as part of the Performing Party's proposal*
package.
11 The PERFORMING PARTY must complete and submit EPA Form 6100-4, DBE Program Subcontractor Utilization Form, as
part of its proposal* package.
ARTICLE 9. PROHIBITION USE OF FEDERAL FUNDS FOR LOBBYING AND LITIGATION
Contractor agrees that none of the funds paid under this Contract will be used to engage in the lobbying of the Federal Government
or in litigation against the United States unless authorized under existing law. When Contractor applies for final payment.
Contractor will certify on a written form provided by the TCEQ that Contractor has complied with this provision
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
Proposal in this context refers to a response to a solicitation for goods or services being paid for, at least in part, with EPA grant
funds submitted to TCEQ, a TCEQ grantee, or lower tier recipient. Proposal in this context does not refer to an EPA grant
application package TCEQ submits to EPA, nor to a grant application submitted to TCEQ, a TCEQ grantee, or lower tier recipient
requesting financial assistance that is at least partially funded with an EPA grant. After TCEQ, a TCEQ grantee, or lower tier
recipient receives the grant and attempts to procure goods and services with the grant funds, the responses submitted to such
solicitations must include EPA Forms 6100-3 and 6100-4.
PAGE 21 OF 63
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
EPA Project Control Number
EPA
United States Environmental Protection Agency
Washington,DC 20460
Certification Regarding
Debarment,Suspension,and Other Responsibility Matters
The Prospective participant certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) Have not within a three-year period preceding this Offer been convicted of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State,or local)transaction or contract under a
public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of
records,making false statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(b)of this certification;and
(d) Have not within a three-year period preceding this application/Offer had one or more public transactions(Federal,State,or local)terminated for cause
or default.
I understand that a false statement on this certification may be grounds for rejection of this Offer or termination of the award. In addition, under 18 USC Sec.
1001,a false statement may result in a fine of up to$10,000 or imprisonment for up to 5 years,or both.
Typed Name&Title of Authorized Representative
Signature of Authorized Representative Date
C I am unable to certify to the above statements. My explanation is attached.
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Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
LOWER TIER
EPA Project Control Number
EPA
United States Environmental Protection Agency
Washington, DC 20460
Certification Regarding
Debarment,Suspension,and Other Responsibility Matters
The Prospective participant certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) Have not within a three-year period preceding this Offer been convicted of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State,or local)transaction or contract under a
public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of
records,making false statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal,State,or local)with commission of any of the
offenses enumerated in paragraph(b)of this certification;and
(d) Have not within a three-year period preceding this application/Offer had one or more public transactions(Federal,State,or local)terminated for cause
or default.
I understand that a false statement on this certification may be grounds for rejection of this Offer or termination of the award. In addition,under 18 USC Sec.
1001, a false statement may result in a fine of up to$10,000 or imprisonment for up to 5 years,or both.
Typed Name&Title of Authorized Representative
Signature of Authorized Representative Date
❑ 1 am unable to certify to the above statements. My explanation is attached.
EPA Form 5700-09(11-88)
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Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants, Loan,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 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,an officer or employee of Congress,or any employee of 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 subawards at all tiers (including
Subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made orentered 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 the civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states,to the best of his or her knowledge and belief,that:
If any 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,an
officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee
a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions.
Submission of this statement 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 statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
ORGANIZATION NAME AWARD NUMBER
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
Please check appropriate box below:
[ ) Disclosure Form attached
[ ] Disclosure Form Forthcoming
[ ) Disclosure Form Not Applicable
PAGE 24 OF 63
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
Page 1 of 3
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 USC 1352
1 1. Type of Federal Action: [ ] 72. s of Federal Action: [ 1 3. Report Type:a. contract bid/offer/application b. rant a. initial filing
g initial award b. material change
c. cooperative agreement post-award
d. loan
e. loan guarantee
For Material change only:
f. loan insurance year Quarter
date of last report
4. Name and Address of Report Entity 5, If Reporting Entity in No.4 is Subawardee,enter name and
[ ] prime [ ) subawardee
address of Prime:
tier if known: Congressional District,if known
Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program name/Description:
CFDA Number,if applicable:
8. Federal Action Number, if known: 9. Award Amount if known:
10. a. Name and address of Lobbying Entity(if individual, last name, b. Individuals Performing Services(including address if different from
first name, MI): (attach Continuation Sheet(s)( ) No. 10a) (last name,first name,MI):SF--LLL-A if necessary)
r:12. Amountof yment(check all that apply): 13. Type of Payment check all that apply):
YP Y ( PP Y)
[ ] actual [ ] planned
[ ] a. retainer
[ ] b. one-time fee
yment(check all that apply): [ l c. commission
[ ] d. contingent fee
e. deferred
f. other,specify:
;specify nature
LEContinuation f services performed or to be performed and date(s)of service. including officer(s).employee(s) or Member(s)
indicated in Item 11
(attach Continuation sheet(s)SF-LLL-A if necessary)
t(s)SF-LLL-A attached: [ ] Yes [ ] No
PAGE 25 OF 63
1
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
I
F mation requested through this form is authorized by Title 31 Signature
ection 1352. This disclosure of lobb in activities is a material
tion of fact upon which reliance was Placed by the tier above
transaction was made or entered into. This disclosure is re uired Print Name
to 31 U S C 1352 This information will be reported to the
semi-annually and will be available for public inspection Ano fails to file the required disclosure shall be subject to a civil Title
penalty of not less than$10,000 and not more than L100,000 for each such
failure.
Telephone No.
Date
Standard Form-LL
PAGE 26 OF 63
J
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
Page 2 of 3
DISCLOSURE OF LOBBYING
CONTINUATION SHEET
Reporting Entity: Page of
Authorized for Local Reproduction Standard Form - LLL-A
PAGE 27 OF 63
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
INSTRUCTIONS FOR COMPLETION OF SF-LL DISCLOSURE OF LOBBYING ACTIVITIES Page 3 of 3
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 material change to a previous filing,pursuant to Title 31 U.S.C.Section 1352. The filing of a form is required for each payment or agreement 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 SF-LLL-A Continuation Sheet for additional information if the space 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 follow-up 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 if known. Check the appropriate 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 first 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 commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in Item 1 (e.g.,Request for Offer(RFP)number,invitation
for Bid(IFB)number,grant announcement number,the contract,grant,or loan award number,the application/Offer control number 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 amount of the award/loan
commitment for the prime entity identified in Item 4 or 5.
10. (a) Enter the full name,address,city,state and zip code for 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 individual(s)performing services,and include 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 reporting entity(Item 4)to the lobbying entity(Item 10). Indicate whether
the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount
of payment made or 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(ex). 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 be expected to perform,and the date(s)of any services
rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or
employee(s)contacted or the officer(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 official shall sign and date the form print his/her name title and telephone number
Public:or g burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction.searching existing
data sgathering and maintaining the data needed. and completing and reviewing the collection of information. Send comments regarding the burden
estimy other aspect of this collection of information,including suggestions for reducing this burden to the Office of Management and Budget Paperwork
Reduect(0348-0046).Washington,D.0 29503.
PAGE 28 OF 63
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
PURPOSE AND APPLICABILITY OF THE COST OR PRICE SUMMARY
(COST OR PRICE SUMMARY IS ATTACHED BELOW)
The purpose of this form is to provide a simple form for the display of cost and price data. 40 CFR 33.290 requires tl
recipient to perform cost or price analysis for every procurement action, including subagreement modifications. This form
not required by EPA, but may be used at the recipient's option. If the recipient currently uses a cost and price analysis for
which accomplishes the same objectives as this form, the recipient may use its own form.
INSTRUCTIONS
f this form is used, CAREFULLY READ AND FOLLOW ALL Incurrence of unanticipated overtime costs requires the approval
INSTRUCTIONS. Many items are not self-explanatory. Attach recipient at the time of incurrence. If significant overtime is k ownototI
additional sheets if necessary. needed at the time of completion of the cost review form,the reasor
Use only the applicable portion of this form: therefore,labor categories, rates and hours should be identified on tt
Part I is applicable to all subagreements. attachment. Also included is the cost of partners' or principals' tin-
Part II is applicable to all subagreements requiring a cost analysis ubagreement.dlIncca entthe full time of any employee is not to tb
pursuant to EPA procurement regulations. devoted to work to be performed under the subagreement,only the co;
Part III is applicable to all subagreements where review is based on of actual time to be applied should be included. The compensation of
price comparison (i.e., price analysis). partner or principal shall be included as direct cost only for the time th,
Part IV certification will be executed as required by the instructions for she/he is expected to be engaged directly in the performance of wor
each block. under the subagreement and only if it is the firm's normal practice b
PART I-GENERAL charge such time directly to all jobs. The rate of compensation of;
partner or principal Item 1 - Enter the name of the of the recipient as shown on the another qualified persoln be
o do such work, but he salary of employing
assistance agreement. ry portion shat
not exceed the actual salary rate of the individual concerned
Item 2 - Enter the assistance identification number shown on the Distribution of profits shall not be included in the rate of compensation
assistance agreement (or assigned to the project, if no assistance Enter in block 7 the categories of professional or technical personne
agreement has yet been executed).
necessary to perform each major element of work under the
Item 3-Enter the name of the contractor or Subcontractor with whom subagreement scope of services. Estimate hours worked for each
the subagreement is proposed to be executed. category and extend them by the wage rates to be paid during the
Item 4-Enter the date of the contractor's or Subcontractor's Offer to the actual performance of the work. Current rates, adjusted for projected
recipient. increases, if any should be useful for the actual categories of labor
Item 5 - Enter the full mailing address of the contractor or contemplated. All projected increases should be supported by recent
Subcontractor. experience or established personnel policy.Enter in the far right column
Item 6-Give a brief description of the work to be performed under the the total estimated direct labor cost.
proposed subagreement. Supporting records to be maintained by the contractor and which must
be submitted or made available to the recipient or EPA upon request
Part II-COST SUMMARY include:
This portion of the form is to be completed by the contractor(or his/her a. The method of estimating proposed hours worked.
Subcontractor) with whom a subagreement is a formally advertised, b.The computation techniques used in arriving at proposed labor rates.
competitively bid, fixed price subagreement.
Nothing in the following discussion should be interpreted as c. The specific documents, books or other records used as factual
recommending the inclusion as direct costs any items normally treated source material to develop proposed hours worked and labor rates.
as overhead costs in the firm's accounting or estimating system. 40 in Detailed rate computations which were used in computing the
CFR Part 30 identifies general cost principles applicable to in Detailed
submitted on the form.
subagreements under EPA assistance. Pursuant to that Part, all If in block 14a, the contractor has checked "No," a brief narrative
subagreements awarded to profit-making organizations are subject to description of the methods used in arriving at items a though d above
cost principles of 48 CFR 31.2. Architect engineer and construction shall be included on an attached sheet.ltem 8- Indirect Costs
contracts are also subject to 48 CFR 31.105. Indirect cost may consist of one or more pools of expenses which are
Item 7- Direct Labor grouped on the basis of the benefits accruing to the cost objectives
represented by the distribution base or bases to which they are
Direct labor costs normally include salaries at a regular time rate allocated Since accounting practices vary the use of particular
Overtime premiums should be identified separately on an attachment groupings is not required Neither is the use of any particular allocation
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
base mandatory. However,it is mandatory that the method used results The following items are illustrative of costs normally included in
in an equitable allocation of indirect costs objectives which they category of costs:
support. a. Travel cost including transportation, lodging, subsistence.
Normally, the firm's accounting system and estimating practices will incidental expenses incurred by personnel or consultants while in trs
determine the method used to allocate overhead costs. The firm's status in connection with the performance of services required by
established practices, if in accord with generally accepted accounting contract. The cost principles generally require the use of less than t
principles and PROVIDED THEY PRODUCE EQUITABLE RESULTS IN class air accommodations and also limit the cost of private aircraft.
THE CIRCUMSTANCES, will generally be accepted. Proposed b. Equipment, Materials, and Supplies
overhead rates should represent the firm's best estimate of the rates to
be experienced during the subagreement period. They should be (1)Long distance telephone calls, telegraph and cai
based upon recent experience and be adjusted for known factors which expenses to be incurred a connection with the performance ofservic
will influence experienced trends. required in connection the subagreement.
Common overhead groupings are overhead on direct labor and general (2)Reproduction costs. including blueprints, black and wh
and administrative expenses. The first rou m s usual) prints, ozalid prints, photographs, photostats, negatives;and expre
9 p 9 y include charges.
employment taxes, fringe benefits, holidays, vacation idle time,
bonuses, applicable and direct labor, etc. The second generally (3) Commercial printing, binding, artwork, and models.
includes the remaining costs, which, because of their incurrence for (4) Special equipment.
common or joint objectives, are not readily subject to treatment as C. Subcontractors
direct costs. It is expected, however, that Offer groupings will
correspond with the firm's normal method for accumulating indirect d Other Direct costs, if any, not included above.
costs. (Under some accounting systems, the first grouping would be
included instead under item 7.) No special categorization is required, Enter in blocks 9a-d all other direct costs proposed. Travel cos'
provided the results are realistic and equitable. entered must be supported by an attachment which identifies th
number of staff trips proposed and the estimated cost per staff trip R
both local and long distance transportation. The number of days an
Direct salaries are the normal distribution base for overhead cost but in the rate per day must be provided to support the per diem shown. Eac
some circumstances other bases produce more equitable results. As in Subcontract and consultant agreement must be identified separately i
the case of overhead cost groupings, the method to be used will block 9c.
depend upon the firm's normal practices and the equity of the results Enter in the far right column on line 9e the total of all other direct cost
produced in the circumstances. (9a-d).
In the case of multibranch firms, joint ventures, or affiliates, it is Supporting data to be maintained by the contractor and which must bi
expected that overhead costs applicable to specific location(s)where submitted or made available to the recipient or EPA upon reques
work is to be based on cost data from the most recent fiscal periods include:
updated to reflect changes in volume of business or operations. a. basis for other direct costs proposed.
Enter in block 8 the indirect cost pools normally used by the firm for b. factual sources of costs, rates, etc., used in computinc
allocation of indirect costs. Enter indirect cost rate for each pool and proposed amount of each cost element.
extend each one by the rate base to which it applies to arrive at the
estimated indirect costs to be incurred during the actual performance of Item 10 -Total Estimated Cost
the work. If the indirect labor total from block 7 is not used as the rate Enter the total of all direct labor, indirect costs and other direct costs
base for any of the indirect cost pools, the rate base used must be from items 7, 8, and 9.
explained on an attached sheet. Item 11 - Profit
A brief narrative statement outlining the firm's policies and practices for A fair and reasonable provision for profit cannot be made by simply
accumulating indirect costs. Enter the indirect cost rate costs and the applying a certain predetermined percentage to the total estimated cost.
method used to compute the proposed rate or rates shall accompany Rather, profit will be estimated as a dollar amount after considering:
the form. Include comment on the firm's policies regarding the pricing a. degree of risk.
and costing of principals' time Thenormal accounting treatment of
principals' salaries, the annual amounts, and the hourly charge rate, if b. nature of the work to be performed
used, should be discussed. c. extent of firm's investment.
Enter in the far right column the total estimated indirect costs. d. Subcontracting of work, and
Supporting records to be maintained by the contractor and which must e. Other criteria.
be submitted or made available to the recipient or EPA upon request The federal Acquisitions Regulation cost principles applicable to
include: subagreements with profit-making organizations (40 CFR 31.2 and
a. Detailed cost data showing overhead accounts. allocation bases. 31.105)disallow certain types ofcosts which are sometimes incurred by
and rate computations for the preceding fiscal period If more than six firms in the normal conduct oftherrbusrness Examples of costs wh�r,h
months of the current fiscal period have elapsed cost data for this are not allowable under these costs
principles include but are n()l
period should be included as one of the three period(s) Inrnted to entertainment interest on borrowed capital and bad debits
b Company budgets. budgetary cost data and overhead rates Because the Government considers 'profit"to be the excess of price
computations for future period(s) over allowable costs. such computation can indicate a higher profit
Item 9 - Other Direct Costs estimate than the firms experienced profit as it customarily computes it
The contractor may separately disc lose to the recipient its customary
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
computation.
principles applicable to subagreements with profit-making organizatic
Enter the dollar amount of profit in block 11. are those at 48 CFR 31.2 and, for architect-engineer or construct
Item 12 -Total Price contracts,48 CFR 31.105.
Enter the total of items 10 and 11. C. (1) Describe the Offer, quotation, request for price adjustment,
Part III- PRICE SUMMARY other submission involved, giving appropriate identifying number(e.
i
This portion of the form is for use by a recipient when pricecompanson, RFP No. ).
i.e. price analysis, is used for subagreement review. It may also be (2) Enter the date when the price negotiations were concluded a
used by a contractor when price comparison is used as a basis for the contract price was agreed to. The responsibility of t
award of a Subcontract. subagreement is not limited by the personal knowledge of t showin Item 13 - Competitor's Catalog Listings, In-House Estimates, Price negortiated price stnot based on r omplete,rcurrent,and accurate adal
Quotes
Enter sources of all competitive bids or quotes received, or catalogs (3) Enter the date of signature. This date should be as close ;
used and their prices, or in-house estimates made, if appropriate, or he subagreement entpr price we stag agreed to (not r for exceed 30 days).
at
comparison. Attach additional sheets if necessary, particularly for Item 15- Recipient Reviewer-FOR USE BY RECIPIENT ONLY.
purchases of several different items.
Enter in the far right column the proposed price for the subagreement. If required by applicable assistance regulations, the recipient mu
submit the signed form for EPA review prior to executive of tF
Part IV-Certifications subagreement.
Item 14 - Contractor - FOR USE BY CONTRACTOR OR Item 16- EPA Reviewer- FOR USE BY EPA ONLY.
SUBCONTRACTOR ONLY.
Complete this block only if Part II has been completed.
Enter the specific cost principles with which the costs summary of Part
II conforms. Cost principles applicable to subagreements with various
types or organizations are identified in 40 CFR Part 30.4010. Cost
n
Ill
`0 Form approved
COST OR PRICE SUMMARY OMB No.2030-0011
EPA jN (see accompanying instructions before completing this form) Approval expires 10-31-86
PARTI-GENERAL
1. RECIPI
- 2.ASSISTANCE IDENTIFICATION NO.
3.NAME BCON TRACTOR
- 4.DATE OF PROPOSAL
5.ADDRESS OF CONTRACTOR OR SUBCONTRACTOR(Include ZIP Code
_ - ) 6.TYPE OF SERVICE TO BE FURNISHED
TELEPHONE NUMBER(Include Area Code)
PART II-COST SUMMARY
? DIRECT LABOR(specify labor categonesi
ESTIMATED HOURLY ESTIMATED
HOURS RATE COST TOTALS
. IN0(RE� 'OS TS Soe_�, na-ec �c� FSTIMATEI
o
RATE BASE
COST
PAGE 31 OF 63
$ $
INDIRECT COSTS TOTAL:
9 OTHER DIRECT COSTS $
a TRAVEL ESTIMATED
(1)TRANSPORTATION
COST
(2)PER DIEM
TRAVEL SUBTOTAL:
b EQUIPMENT MATERIALS SUPPLIES(Specify b cat egon es) ESTIMATED
QTY COST
cosr
$ $
EQUIPMENT SUBTOTAL
c SUBCONTRACTS ESTIMATED
COST
SUBCONTRACTS SUBTOTAL: $
d.OTHER(Specify categories) ESTIMATED
COST
$
OTHER SUBTOTAL $
e.OTHER DIRECT COSTS TOTAL.
10.TOTAL ESTIMATED COST $
11.PROFIT $
12.TOTAL PRICE $
PART III-PRICE SUMMARY
13.COMPETITOR'S CATALOG LISTINGS,IN-HOUSE ESTIMATES,PRIOR QUOTES
(Indicate basis for price Comparison) MARKET PROPOSED
PRICES) PRICE
PART IV-CERTIFICATIONS
'4 ';,NTRA( P,)p
'4a HAS A I`EDFRAL AGENCY OR FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR
CONTRACT NAME: Biowatch Monitoring Activities
TCEO CONTRACT NUMBER: 582-10-86405
I RECORDS IN CONNECTION WITH ANY OTHER FEDERAL ASSISTANCE AGREEMENT OR CONTRACT WITHIN THE PAST 12 MONTHS1
NO(If"Yes'give name.address.and telephone number of reviewing office)
NO(If"Yes"give name.address.and telephone number of reviewing office)
14b_ THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
14c. This proposal is submitted for use in connection with and in response to.
This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are
complete.current.and accurate as of Y(2) E
I further certify that a financial management capability exists to fully accurately account for the financial transactions under this project.I further certify that I understand that the subagreement price may
be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined,as a result of audit,not to have been complete.current.and accurate as of the date
above
(3)TITLE OF SIGNATURE OF REVIEWER
PROPOSER DATE OF EXECUTION
15. RECIPIENT
REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and the proposed cost/price appear acceptable for subagreement award.
TITLE OF SIGNATURE OF REVIEWER
PROPOSER :: DATE OF EXECUTION
16 EPA
REVIEWER
TITLE OF SIGNATURE OF REVIEWER
PROPOSER DATE OF EXECUTION
PAGE 33 OF 63
CONTRACT NAME: Biowatch Monitoring Activities TCEQ CONTRACT NUMBER: 582-10-86405
ONIB Control No: 2090-0030
Approved: 05/01/2008
Approval Expires: 01/31/2011
� Environmental
Protection Agency
Disadvantaged Business Enterprise Pro
DBE Subcontractor Participation
NAME OF SUBCONTRACTOR' PROJECT NAME
ADDRESS CONTRACT NO.
TELEPHONE NO. EMAIL ADDRESS
PRIME CONTRACTOR NAME
Please use the space below to report any concerns regarding the above EPA-funded project ( reason for
termination by prime contractor,late payment,etc.).
CONTRACT ITEM OF WORK OR DESCRIPTION OF SERVICES RECEIVED FROM SUBC NOTRACTOR
ITEM NO. THE PRIME CONTRACTOR
WAS PAID BY PRIME
CONTRACTOR
Subcontractor Signature Title/Date
Subcontractor is defined as a compam_ firm,joint venture,or individual who enters into an agreement with a contractor to provide sen-ices pursuant to an EPA award of
financial assistance.
FI'1 I ()k\I hllili 1)I;� �uhiuntr.�itnr F'eni�ip,tiion I orm)
PAGE 34 OF 63
CONTRACT NAME: Biowatch Monitoring Activities
TCEO CONTRACT NUMBER: 582-10-86405
OMB Control No: 2090-0030
Approved: 05/01/2008
A Approval Expires: 01/31/2011
Environmental
Protection Agency
Disadvantaged Business Enterprise Program Dl
Subcontractor Participation For
NAME OF SUBCONTRACTORS PROJECT NAME
ADDRESS BID PROPOSAL NO.
TELEPHONE NO. E-MAIL ADDRESS
PRIME CONTRACTOR NAME
CONTRACT ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO
ITEM NO. PRIME PRICE OF WORK SUBMITTED
TO PRIME CONTRACTOR
Currently certified as an MBE or WBE under EPA's DBE Program? Yes No Signature of Prime
Contractor Date Print Name Title
Signature of Subcontractor Date
Print Name Title
�uhcontractor is defined a compan}. firm. joint venture.or indi\idual who enters into an agreement
�'ith a contractor to provide sen ices pursuant to an FRA avNard of financial assistance.
I'1 I(�ft11 �,liiii-� il)I{I �uh: uiu.��ir l'.1�iryIll,111�C I rn�i
PAGE 35 OF 63
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
ON113 Control No: 2090-0030
Approved:
A 05/01/2008 Approval Expires:
MOW Environmental 01/31/2011
Protection Agency
Disadvantaged Business Enterprise Program
DBE Subcontractor Performance Form
BID/PROPOSAL NO. PROJECT NAME
NAME OF PRIME BIDDER/PROPOSER E-MAIL ADDRESS
ADDRESS
TELEPHONE NO. FAX NO.
The following subcontractorsi will be used on this project:
COMPANY NAME,ADDRESS,PHONE TYPE OF WORK TO BE
NUMBER,AND E-MAIL ADDRESS PERFORMED ESTIMATE CURRENTLY
D DOLLAR CERTIFIED
AMOUNT AS AN MBE
OR WBE?
I certify under penalty of perjury that the forgoing statements are true and correct. In the event of a
replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33
Section 33.302(c).
Signature of Prime Contractor - - - - - -Date
Print Name Title ---- -- - --------
subcontractor is defined as a compam.firm_Joint venture.or indn idual xaho enter,into an aLreement mth it contractor to pmv idc service,pursuant to an i P-1 ax+ard of financial
assistance
I I' I t tFl\1 h lnn-1 11111 � ih� viu t.ik I nlii,itt I im
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
Exhlblt F
Operations Security.Procedures for the Bio-Watch Program
27 February 2003
1. References:National Security Decision Directive(NSDD)'Number 298;National
Operations Security Program; The White House,Washington D.C.;Dated:
January 22, 1988
2. Scope and Applicability: i
This document describes the procedures necessary to protect information associated with the
Bio-Watch Program. Information that is generally available to the public through
observation or access to open sources of information can reveal the existence of, and
sometimes details about sensitive information or,undertakings. Application of the operations
security(OPSEQ process promotes operational effectiveness by helping to prevent the
inadvertent compromise of sensitive government aotivitids,capabilities or intentions. For
Bio-Watch,the information the public needs to know is that the program is a US
Environmental Protection Agency managed air-monitoring program. Requests for additional
program information need to be'formaU submitted to the US EPA,and if required, to the
Centers for Disease Control and Prevention(for laboratory issues)or the Department of
Homeland Security(for other programmatic issues).
3. Summary of Method
The operations security process involves five steps:identification of sensitive information,
analysis of threats,analysis of vulnerabilities,assessments of risks,and application of
appropriate corntermeasures.•The Bio-Watch,proceas began with an examination of the total
activity to determine what exploitable indicators could be pieced together to discern critical
information. The indicators stem from routine administrative,physical, or technical actions
taken-to plan,train and execute the Bio-watch program.'
Once the indicators are identified,they are analyzed against the threat to:determine the extent
to which they may reveal critical information..The program manager in conjunction with
other Bio-Watch participants,used risk assessment to select and adopt countermeasures.
4. Sensitive Information
a. Number of cities actually protected
b. Names of cities actually protected
c. Agents to be detected i
d. Size of attacks that can be detected
e. Names of individuals involved in the deployment
f Names of cities not protected
g. Anything that provides information about areas not-monitored by Bio-Watch -- e.g.
detects only outdoors, or protects only faci;ities,or only special venues o.does not
monitor
h. Nature cf attacks that cannot be detected
i. Specific equipment or protocols used
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
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Exhibit F
5. Analysis of threats
a. "Terrorists"
b. Bnvirommental activists
c. Disgruntled:employees/disaffected/disrupter
6. Analysis of Vulnerabilities
a Detector location accessibility and lack ofpbysical security
b. Sabotage of filter when installed in collector, enroute,or at:lab for processing
c. .Sampler.results and.subsequent.chain of.custody
d. . Program associates(employees and those Jmowledgeable of the program)
7. Application of appropriate countermeasures
L .Physical-security
b. Tag names for cities
-c. , Data mtry.,.processing,and.access password protected
d. -SemitiAty..rtopersonnel.rehability,.
-e. Backgmirad clearance checks:(National.Agency Check,or local background checks)
� . .Initial:OP.SBC.trsiIIing.aadannualrefresher•trsining
B. Ultimately,responsibility for protecting the information associated with the Bio-Watch
program rests with those associated with the program. No training:orpolicy document
can.a(idress-every conceivable issue-that may arise. When an individual encounters a I
:situation where they feel they need-guidance when questioned about the Bio=Watch
prQgraM,or-how to handle requests forinfonnation,they should refer the individual to
the#ppropnate Department of Homeland,Security representative. -
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Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
Exhibit G
Department of Homeland Security
Management Directive System
iMD Number:11042.1
i SAFEGUARDING SENSITIVE
BUT UNCLASSIFIED
(FOR OFFICIAL USE ONLY)
INFORMATION
1.6.2006
1. Purpose
This directive establishes Department of Homeland Security(DHS)policy regarding the
identification and safeguarding of sensitive but unclassified information originated within
DHS. It also applies to other sensitive but unclassified information received by DHS
from other government and non-governmental activities.
2. Scope
This directive is applicable to all DHS Headquarters, components, organizational
elements, detailess, contractors, consultants, and others to whom access to information
covered by this directive is granted.
3. Authorities
Homeland Security Act of 2002.
4. Definitions J
Access: The ability or opportunity to gain knowledge of information.
For Official Use Only(FOUO): The term used within DHS to identify
unclassified information of a sensitive nature, not otherwise categorized by
statute or regulation,the unauthorized disclosure of which could adversely
impact a person's privacy or welfare, the conduct of Federal programs, or other
programs or operations essential to the national interest. Information impacting
the National Security of the United States and classified Confidential, Secret, or
Top Secret under Executive Order 12958, "Classified National Security
Information,"as amended, or its predecessor or successor orders, is not to be
considered FOUO. FOLIO is not to be considered classified information.
Need-to-know: The determination made by an authorized holder of information
that a prospective recipient requires access to specific information in order to
MD 11042.1
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
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Exhibit G
perform or assist in a lawful and authorized governmental function, i.e., access is
required for the performance of official duties.
Oraranizational Element. As used in this directive, organizational element is as
defined in DHS MD Number 0010.1, Management Directive System and DHS
Announcements,
Protected Critical Infrastructure Information(PCl/l• Critical infrastructure
information(CII)is defined in 6 U.S.C. 131(3)(Section 212(3)of the Homeland
Security Act). Critical infrastructure information means information not
customarily in the public domain and related to the security of critical
infrastructure or protected systems. Protected Critical Infrastructure Information
is a subset of CII that is voluntarily submitted to the Federal Government and for I
iwhich protection is requested under the PCII program by the requestor.
Sensitive Security Information(SSI): Sensitive security information (SSI)is
defined in 49 C.F.R. Part 1520. SSI is a specific category of information that
requires protection against disclosure. 49 U.S.C.40119 limits the disclosure of
information obtained or developed in carrying out certain security or research
and development activities to the extent that it has been determined that
disclosure of the information would be an unwarranted invasion of personal
privacy; reveal a trade secret or privileged or confidential commercial or financial
information;or be detrimental to the safety of passengers in transportation.
5. Responsibilities
A. The DHS Office of Security will:
1. Be responsible for practical application of all aspects of the program to
protect FOUO.
2. Promulgate Department-wide policy guidance.
3. Develop and implement an education and awareness program for the
safeguarding of FOUO and other sensitive but unclassified information.
B. Heads of DHS Organizational Elements will:
1. Ensure compliance with the standards for safeguarding FOUO and other
sensitive but unclassified information as cited in this directive.
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2. Designate an official to serve as a Security Officer or Security Liaison.
C. The organizational element's Security Officer/Security Liaison will:
MD 11042.1
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
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Exhibit G
Be responsible for implementation and oversight of the FOUO information
protection program and will serve as liaison between the DHS Office of Security
and other organizational security officers.
D. DHS employees, detailees, contractors, consultants and others to whom access
is granted will:
I
1. Be aware of and comply with the safeguarding requirements for FOLIO j
information as outlined in this directive.
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2. Participate in formal classroom or computer based training sessions
presented to communicate the requirements for safeguarding FOUO and other
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sensitive but unclassified information.
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3. Be aware that divulging information without proper authority could result in
administrative or disciplinary action.
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E. Contractors and Consultants shall:
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Execute a DHS Form 11000-6, Sensitive But Unclassified Information Non-
Disclosure Agreement(NDA),as a condition of access to such information.
Other individuals not assigned to or contractually obligated to DHS, but to whom
access to information will be granted, may be requested to execute an NDA as
determined by the applicable program manager. Execution of the NDA shall be
effective upon publication of this directive and not applied retroactively.
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F. Supervisors and managers will:
1. Ensure that an adequate level of education and awareness is established
and maintained that serves to emphasize safeguarding and prevent
unauthorized disclosure of FOUO information.
2. Take appropriate ro Hate corrective actions, to include administrative or
disciplinary action as appropriate,when violations occur.
6. Policy and Procedures
A. General
1. The Computer Security Act of 1987, Public Law 100-235, defines i
"sensitive information"as"any information, the loss, misuse, or unauthorized
access to or modification of which could adversely affect the national interest or
the conduct of Federal programs, or the privacy to which individuals are entitled
under Section 552a of Title 5, United States Code (the Privacy Act)but which
has not been specifically authorized under criteria established by an executive
MD 11042.1
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
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Exhlbli G
order or an act of Congress to be kept secret in the interest of national defense
or foreign policy." However,with the exception of certain types of information
protected by statute, specific, standard criteria and terminology defining the
types of information warranting designation as"sensitive information"does not
exist within the Federal government. Such designations are left to the discretion
of each individual agency.
2. Within the"sensitive but unclassified"arena, in addition to the various
categories of information specifically described and protected by statute or
regulation, e.g., Tax Return Information, Privacy Act Information, Sensitive
Security Information (SSI), Critical Infrastructure Information (CII), Grand Jury
Information, etc. There are numerous additional caveats used by various
agencies to identify unclassified_information as sensitive, e.g., For Official Use
Only;Law Enforcement Sensitive;Official Use Only; Limited Official Use; etc.
Regardless of the caveat used to identify it, however, the reason for the
designation does not change. Information is designated as sensitive to control
and restrict access to certain information,the release of which could cause harm
to a person's privacy or welfare, adversely impact economic or industrial
institutions,or compromise programs or operations essential to the safeguarding
of our national interests.
3. Information shall not be designated as FOUO In order to conceal
government negligence, ineptitude, illegalities, or other disreputable
circumstances embarrassing to a government agency.
4. Information designated as FOLIO is not automatically exempt from
disclosure under the provisions of the Freedom of Information Act, 5 U.S.C. 552,
(FOIA). Information requested by the public under a FOIA request must still be f
reviewed on a case-by-case basis.
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B. For Official Use Only
Within DHS,the caveat"FOR OFFICIAL USE ONLr'will be used to identify
sensitive but unclassified information within the DHS community that is not
otherwise specifically described and governed by statute or regulation. The use j
of these and other approved caveats will be governed by the statutes and
regulations issued for the applicable category of information.
C. Information Designated as FOLIO
1. The following types of information will be treated as FOLIO information.
Where information cited below also meets the standards for designation
pursuant to other existing statutes or regulations, the applicable statutory or
regulatory guidance will take precedence. For example, should information meet
the standards for designation as Sensitive Security Information (SSI), then SSI
guidance for marking, handling, and safeguarding will take precedence.
NO H042.3
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
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Exhibit G
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(a) Information of the type that may be exempt from disclosure per 5
U.S.C. 552, Freedom of Information Act, and its amendments.
Designation of information as FOUD does not imply that the information is
already exempt from disclosure under FOIA. Requests under FOIA, for
information designated as FOUO, will be reviewed and processed in the
same manner as any other FOIA request.
(b) information exempt from disclosure per 5 U.S.C. 552a, Privacy Act.
(c) Information within the international and domestic banking and
financial communities protected by statute, treaty, or other agreements.
(d) Other international and domestic information protected by statute,
treaty, regulation or other agreements.
(e) Information that could be sold for profit.
(f) Information that could result in physical risk to personnel.
(g) DHS information technology(IT)internal systems data revealing
infrastructure used for servers, desktops, and networks;applications
name, version and release;switching, router, and gateway information;
interconnections and access methods;mission or business use/need.
Examples of information are systems inventories and enterprise
architecture models. Information pertaining to national security systems
and eligible for classification under Executive Order 12958, as amended,
will be classified as appropriate.
ro riate.
(h) Systems security data revealing the security
posture
For example,threat assessments, system security contingency the system.
plans, risk management plans, Business Impact Analysis studies, and
Certification and Accreditation documentation.
(i) Reviews or reports illustrating or disclosing facility infrastructure or
security vulnerabilities, whether to persons,systems, or facilities, not
otherwise eligible for classification under Executive Order 12958, as
amended.
(j) Information that could constitute an indicator of U.S. government
intentions, capabilities, operations, or activities or otherwise threaten
operations security.
(k) Developing or current technology, the release of which could hinder
the objectives of DHS, compromise a technological advantage or
countermeasure, cause a denial of service, or provide an adversary with
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MD 11042.1
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
Exhibit G
sufficient information to clone, counterfeit, or circumvent a process or
system.
2. Other government agencies and international organizations may use
different terminology to identify sensitive information, such as"Limited Official
Use(LOU),"and "Official Use Only(OUO)." In most instances the safeguarding
requirements for this type of information are equivalent to FOLIO. However,
other agencies and international organizations may have additional requirements
concerning the safeguarding of sensitive information. Follow the safeguarding
guidance provided by the other agency or organization. Should there be no such
guidance,the information will be safeguarded in accordance with the
requirements for FOLIO as provided in this manual. Should the additional
guidance be less restrictive than in this directive,the information will be
safeguarded in accordance with this directive.
D. Designation Authority
Any DHS employee, detailee, or contractor can designate information falling
within one or more of the categories cited in section 6,paragraph C, as FOLIO.
Officials occupying supervisory or managerial positions are authorized to
designate other information, not listed above and originating under their
jurisdiction,as FOLIO.
E. Duration of Designation i
Information designated as FOLIO will retain its designation until determined
otherwise by the originator or a supervisory or management official having
program management responsibility over the originator and/or the information.
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F. Marking
I. Information designated as FOUO will be sufficiently marked so that
persons having access to it are aware of its sensitivity and protection
requirements. The lack of FOLIO markings on materials does not relieve the
holder from safeguarding responsibilities. Where the FOUO marking is not
present on materials known by the holder to be FOLIO,the holder of the material
will protect it as FOLIO. Other sensitive information protected by statute or
regulation, e.g., PCII and SSI, etc.,will be marked in accordance with the
applicable guidance for that type of information. Information marked in
accordance with the guidance provided for the type of information need not be
additionally marked FOLIO.
(a) Prominently mark the bottom of the front cover, first page, title
page, back cover and each individual page containing FOUO information
with the caveat"FOR OFFICIAL USE ONLY."
MD 11042.1
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
Exhibit G
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(b) Materials containing specific types of FOUO may be further marked
with the applicable caveat, e.g., "LAW ENFORCEMENT SENSITIVE,"in
order to alert the reader of the type of information conveyed. Where the
sensitivity of the information warrants additional access and dissemination
restrictions,the originator may cite additional access and dissemination
restrictions. For example:
WARNING: This document is FOR OFFICIAL USE ONL Y(FOLIO). It is to
be controlled stored, handled, transmitted, distributed and disposed of in
accordance with DHS policy relating to FOLIO information. This
information shall not be distributed beyond the original addressees without
prior authorization of the originator.
(c) Materials being transmitted to recipients outside of DHS, for
example, other federal agencies, state or local officials,etc.who may not
be aware of what the FOUO caveat represents, shall include the following
additional notice:
WARNING: This document is FOR OFFICIAL USE ONLY FOUO. It
contains information that may be exempt from public release under the
Freedom of Information Act(5 U.S.C. 552). It is to be controlled stored,
handled, transmitted, distributed, and disposed of in accordance with DHS
policy relating to FOLIO information and is not to be released to the public
or other personnel who do not have a valid"need-to-know"without prior
approval of an authorized DHS ofcial.
(d) Computer storage media,i.e., disks, tapes, removable drives, etc.,
containing FOUO information will be marked"FOR OFFICIAL USE
ONLY."
(e) Portions of a classified document, i.e.,subjects,titles, paragraphs,
and subparagraphs that contain only FOLIO information will be marked
with the abbreviation(FOUO).
(f) Individual portion markings on a document that contains no other
designation are not required. i
(g) Designator or originator information and markings,downgrading
instructions, and date/event markings are not required.
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G, General Handling Procedures
Although FOLIO is the DHS standard caveat for identifying sensitive unclassified
information,some types of FOLIO information may be more sensitive than others
NM 11042.1
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
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Exhibit G
and thus warrant additional safeguarding measures
requirements established in this manual. For example, ertain types of minimum
information may be considered extremely sensitive based on the repercussions
that could result should the information be released or compromised. Such
repercussions could be the loss of life or compromise of an informant or
operation. Additional control requirements may be added as necessary to afford
appropriate protection to the information. DHS employees, contractors, and
detailees must use sound judgment coupled with an evaluation of the risks,
vulnerabilities, and the potential damage to personnel or property as the basis for
determining the need for safeguards in excess of the minimum requirements and
protect the information accordingly.
I. When removed from an authorized storage location (see section 6.1)and
persons without a need-to-know are present, or where casual observation would
reveal FOUO information to unauthorized persons,a"FOR OFFICIAL.USE
ONLY'cover sheet(Enclosure 1)will be used to prevent unauthorized or
inadvertent disclosure.
2. When forwarding FOUO information, a FOLIO cover sheet should be
placed on top of the transmittal letter, memorandum or document.
3. When receiving FOUO equivalent information from another government
agency, handle in accordance with the guidance provided by the other
government agency. Where no guidance is provided, handle in accordance with
the requirements of this directive.
H. Dissemination and Access i
1. FOUO information will not be disseminated in any manner-orally, i
visually, or electronically-to unauthorized personnel.
2. Access to FOUO information is based on"need-to-know"as determined
by the holder of the information. Where there is uncertainty as to a person's j
need-to-know,the holder of the information will request dissemination
instructions from their next-level supervisor or the information's originator.
3. The holder of the information will comply with any access and
dissemination restrictions.
4. A security clearance is not required for access to FOUO information.
5. When discussing o_r transferring FOUO information to another
individual(s), ensure that the individual with whom the discussion is to be held or
the information is to be transferred has a valid need-to-know, and that
precautions are taken to prevent unauthorized individuals from overhearing the
conversation, observing the materials, or otherwise obtaining the information.
MD 11042.1
Ar- f C7
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
Exhlbll G
6. FOUO information may be shared with other agencies, federal, state,
tribal, or local government and law enforcement officials, provided a specific
need-to-know has been established and the information is shared in furtherance
of a coordinated and official governmental activity. Where FOUO information is
requested by an official of another agency and there is no coordinated or other
official governmental activity, a written request will be made from the requesting
agency to the applicable DHS program office providing the name(s) of personnel
for whom access is requested, the specific information to which access is
requested, and basis for need-to-know. The DHS program office shall then
determine if it is appropriate to release the information to the other agency
official. (see section 6.F for marking requirements)
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7. Other sensitive information protected by statute or regulation, i.e., Privacy
Act, CII, SSI, Grand Jury, etc., will be controlled and disseminated in accordance
with the applicable guidance for that type of information.
B. If the information requested or to be discussed belongs to another agency
or organization, comply with that agency's policy concerning third party discussion
and dissemination.
g. When discussing FOUO information over a telephone,the use of a STU III
(Secure Telephone Unit), or Secure Telephone Equipment(STE), is encouraged,
but not required.
I.Storage
I. When unattended, FOUO materials will, at a minimum, be stored in a
locked file cabinet, locked desk drawer, a locked overhead storage compartment
such as a systems furniture credenza, or similar locked compartment. Materials
can also be stored in a room or area that has sufficient physical access control
measures to afford adequate protection and prevent unauthorized access by
members of the public, visitors, or other persons without a need-to-know,such
as a locked room, or an area where access is controlled by a guard, cipher lock,
or card reader.
I
2. FOLIO information will not be stored in the same container used for the
storage of classified information unless there is a correlation between the
information. When FOUO materials are stored in the same container used for
the storage of classified materials, they will be segregated from the classified
materials to the extent possible, i.e, separate folders,separate drawers, etc.
3. IT systems that store FOUO information will be certified and accredited for
operation in accordance with federal and DHS standards. Consult the DHS
Information Technology Security Program Handbook for Sensitive Systems,
Publication 4300A, for more detailed information.
MD 11042.1
A7 Lcn
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
Exhibit G
4. Laptop computers and other media containing FOUO information will be
stored and protected to prevent loss,theft, unauthorized access and
unauthorized disclosure. Storage and control will be in accordance with DHS
Information Technology Security Program Handbook for Sensitive Systems,
Publication 4300A.
J.Transmission
1. Transmission of hard copy FOUO within the U.S. and its Territories:
(a) Material will be placed in a single opaque envelope or container and
sufficiently sealed to prevent inadvertent opening and to show evidence of
tampering. The envelope or container will bear the complete name and
address of the sender and addressee, to include program office and the
name of the intended recipient(if known).
(b) FOUO materials may be mailed by U.S. Postal Service First Class
Mail or an accountable commercial delivery service such as Federal
Express or United Parcel Service.
(c) FOLIO materials may be entered into an inter-office mail system
provided it is afforded sufficient protection to prevent unauthorized access,
e.g., sealed envelope.
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2. Transmission to Overseas Offices: When an overseas office is serviced l
by a military postal facility, i.e.,APO/FPO, FOUO may be transmitted directly to j
the office. Where the overseas office is not serviced by a military postal facility, I
the materials will be sent through the Department of State, Diplomatic Courier.
3. Electronic Transmission.
(a) Transmittal via Fax. Unless otherwise restricted by the originator,
FOUO information may be sent via nonsecure fax. However, the use of a
secure fax machine is highly encouraged. Where a nonsecure fax is
used,the sender will coordinate with the recipient to ensure that the
materials faxed will not be left unattended or subjected to possible
unauthorized disclosure on the receiving end. The holder of the material
will comply with any access,dissemination, and transmittal restrictions
cited on the material or verbally communicated by the originator.
(b) Transmittal via E-Mail
(i) FOLIO information transmitted via email should be protected
by encryption or transmitted within secure communications
systems. When this is impractical or unavailable, FOLIO may be
transmitted over regular email channels. For added security, when
MD 11042.1
AO-1 f
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
Exhlbit G
transmitting FOLIO over a regular email channel,the information
I can be included as a password protected attachment with the
password provided under separate cover. Recipients of FOUO
information will comply with any email restrictions imposed by the
originator.
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(ii) Per DHS MD 4300, DHS Sensitive Systems Handbook, due
to inherent vulnerabilities, FOUO information shall not be sent to
personal email accounts.
(c) DHS Intemet/Intranet
() FOUO information will not be posted on a DHS or any other
intemet(public)website.
(ii) FOLIO information may be posted on the DHS intranet or
other government controlled or sponsored protected encrypted
data networks,such as the Homeland Security Information Network
(HSIN). However,the official authorized to post the information i
should be aware that access to the information is open to all
personnel who have been granted access to that particular intranet
site. The official must determine the nature of the information is
such that need-to-know applies to all personnel;the benefits of
posting the information outweigh the risk of potential compromise;
the information posted is prominently marked as FOR OFFICIAL
USE ONLY;and information posted does not violate any provisions j
of the Privacy Act.
K. Destruction
1. FOUO material will be destroyed when no longer needed. Destruction
accomplished by: may be
j
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(a) "Hard Copy"materials will be destroyed by shredding, burning, pulping,
pulverizing,such as to assure destruction beyond recognition and reconstruction.
After destruction, materials may be disposed of with normal waste, i
(b) Electronic storage media shall be sanitized appropriately by j
overwriting or degaussing. Contact local IT security personnel for
additional guidance.
(c) Paper products containing FOLIO information will not be disposed of in j
regular trash or recycling receptacles unless the materials have first been
destroyed as specified above.
MD 11042.1
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C:pntract Name: Biowatch Monitoring Activities TCEO Contract Number: 582-10-86405
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Exhibit G
L. Incident Reporting
1. The loss, compromise, suspected compromise, or unauthorized
disclosure of FOUO information will be reported. Incidents involving FOLIO in
DHS IT systems will be reported to the organizational element Computer
Security Incident Response Center in accordance with IT incident reporting
requirements.
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2. Suspicious or inappropriate requests for information by any means, e.g.,
email or verbal, shall be report to the DHS Office of Security.
3. Employees or contractors who observe or become aware of the loss,
compromise, suspected compromise, or unauthorized disclosure of FOLIO
information will report it immediately,but not later than the next duty day, to the
originator and the local Security Official.
4. Additional notifications to appropriate DHS management personnel will be
made without delay when the disclosure or compromise could result in physical
harm to an individual(s)or the compromise of a planned or on-going operation.
5. At the request of the originator,an inquiry will be conducted by the local
security official or other designee to determine the cause and affect of the
incident and the appropriateness of administrative or disciplinary action against
the offender. j
Dated. �o
2. . AD ecr ary of Homeland Security
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MD 11042.1
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Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
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Exhibit G
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Department of Homeland Security
FOR OFFICIAL USE ONLY
THE ATTACHED MATERIALS CONTAIN DEPARTMENT OF HOMELAND SECURITY
INFORMATION THAT IS "FOR OFFICIAL USE ONLY,"OR OTHER TYPES OF
SENSITIVE BUT UNCLASSIFIED INFORMATION REQUIRING PROTECTION
AGAINST UNAUTHORIZED DISCLOSURE. THE ATTACHED MATERIALS WILL BE
HANDLED AND SAFEGUARDED IN ACCORDANCE WITH DHS MANAGEMENT
DIRECTIVES GOVERNING PROTECTION AND DISSEMINATION OF SUCH
INFORMATION.
AT A MINIMUM,THE ATTACHED MATERIALS WILL BE DISSEMINATED ONLY ON A
"NEED-TO-KNOW"BASIS AND WHEN UNATTENDED, WILL BE STORED IN A
LOCKED CONTAINER OR AREA OFFERING SUFFICIENT PROTECTION AGAINST
THEFT,COMPROMISE, INADVERTENT ACCESS AND UNAUTHORIZED
DISCLOSURE.
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Nm 11042,1
contract Name: Biowatch Monitoring Activities
a TCEQ Contract Number: 582-10-86405
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DEPARTMENT OF HOMELAND SECURITY
Exhibit H
NON-DISCLOSURE AGREEMENT
I, an individual official,employee,consultant,or subcontractor of or to
(the Authorized Entity),intending to be legally bound,hereby consent to the terms in this
Agreement in consideration of my being granted conditional access to certain information,specified below,that is owned
by,produced by,or in the possession of the United States Government.
(Signer will acknowledge the category or categories of information that he or she may have access to,and the signer's willingness to comply with
the standards for protection by placing his or her initials in front of the applicable category or categories.)
Initials: Protected Critical Infrastructure Information(PCII)
I attest that I am familiar with,and I will comply with all requirements of the PCII program set out in the Critical
Infrastructure Information Act of 2002(CII Act)(Title II,Subtitle B,of the Homeland Security Act of 2002,Public Law
107-296, 196 Stat.2135,6 USC 101 et seq.),as amended,the implementing regulations thereto(6 CFR Part 29),as
amended,and the applicable PCII Procedures Manual,as amended,and with any such requirements that may be
officially communicated to me by the PCII Program Manager or the PCII Program Manager's designee.
Initials:
Sensitive Security Information(SSI)
I attest that I am familiar with,and I will comply with the standards for access,dissemination,handling,and
safeguarding of SSI information as cited in this Agreement and in accordance with 49 CFR Part 1520,"Protection of
Sensitive Security Information,""Policies and Procedures for Safeguarding and Control of SSI,"as amended,and any
supplementary guidance issued by an authorized official of the Department of Homeland Security.
Initials:
Other Sensitive but Unclassified(SBU)
As used in this Agreement,sensitive but unclassified information is an over-arching term that covers any information,
not otherwise indicated above,which the loss of,misuse of,or unauthorized access to or modification of could adversely
affect the national interest or the conduct of Federal programs,or the privacy to which individuals are entitled under
Section 552a of Title 5,as amended,but which has not been specifically authorized under criteria established by an
Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.This
includes information categorized by DHS or other government agencies as:For Official Use Only(FOUO);Official Use
Only(OUO);Sensitive Homeland Security Information(SHSI);Limited Official Use(LOU);Law Enforcement i
Sensitive(LES);Safeguarding Information(SGI);Unclassified Controlled Nuclear Information(UCNI);and any
other identifier used by other government agencies to categorize information as sensitive but unclassified.
I attest that I am familiar with,and I will comply with the standards for access,dissemination,handling,and i
safeguarding of the information to which I am granted access as cited in this Agreement and in accordance with the
guidance provided to me relative to the specific category of information.
understand and agree to the following terms and conditions of my access to the information indicated above: j
I.1 hereby acknowledge that I have received a security.indoctrination concerning the nature and protection of information to which I f
have been provided conditional access,including the procedures to be followed in ascertaining whether other persons to whom I
contemplate disclosing this information have been approved for access to it,and that I understand these procedures.
2.By being granted conditional access to the information indicated above,the United States Government has placed special
confidence and trust in me and 1 am obligated tc protect this information from unauthorized disclosure,in accordance with the
terms of this Agreemen:and the laws.regulations,and directives applicable to the specif c categories of information to which 1 am
grantec access.
3.1 attest that I understand my responsibilities and that I am familiar with and will comply with the standards for protecting such
information that I may have access to in accordance with the terms orlhis Agreement and the laws,regulations,and/or directives
applicable to the specifi c categories of information to which I am granted access.I understand that the United States Government
may conduct inspections,at any time or place,for the purpose ofensuring compliance with the conditions for access,dissemination,,
handling and safeguarding information under this Agreement.
DHS Form 11000-6(08-04)
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
EXHIBIT R'
4.I will not disclose or release any information provided to me pursuant to this Agreement without proper i
or authorization.Should situations arise that warrant the disclosure or release of such information I will do ssoo g�
only under approved circumstances and in accordance with the laws,regulations,or directives applicable to
the specific categories of information.I will honor and comply with any and all dissemination restrictions cited or verbally
relayed to me by the proper authority.
5. (a)For PCII-(1)Upon the completion of my engagement as an employee,consultant,or subcontractor under
the contract,or the completion of my work on the PCII Program,whichever occurs first,I will surrender promptly
to the PCII Program Manager or his designee,or to the appropriate PCII officer,PCII of any type whatsoever
that is in my possession.
(2)If the Authorized Entity is a United States Government contractor performing services in support of the PCII Program,I
will not request,obtain,maintain,or use PCII unless the PCII Program Manager or Program Manager's designee
has first made in writing,with respect to the contractor,the certification as provided for in Section 29.8(c)of the
implementing regulations to the CII Act,as amended.
(b)For SSI and SBU-I hereby agree that material which I have in my possession and containing information covered by
this Agreement,will be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized
disclosure of or inadvertent access to such information,consistent with the laws,regulations,or directives applicable to the
specific categories of information.I agree that I shall return all information to which I have had access or which is in my
possession 1)upon demand by an authorized individual;and/or 2)upon the conclusion of my duties,association,or support
to DHS;and/or 3)upon the determination that my official duties do not require further access to such information.
6.I hereby agree that I will not alter or remove markings,which indicate a category of information or require specific,
handling instructions,from any material I may come in contact with,in the case of SSI or SBU,unless such alteration or
removal is consistent with the requirements set forth in the laws,regulations,or directives applicable to the specific I
category of information or,in the case of PCII,unless such alteration or removal is authorized by the PCII Program
Manager or the PCII Program Manager's designee.I agree that if I use information from a sensitive document or other
medium,I will carry forward any markings or other required restrictions to derivative products,and will protect them in
the same matter as the original.
7.I hereby agree that I shall promptly report to the appropriate official,in accordance with the guidance issued for
the applicable category of information,any loss,theft,misuse,misplacement,unauthorized disclosure,or other security
violation,I have knowledge of and whether or not I am personally involved.I also understand that my anonymity will be
kept to the extent possible when reporting security violations.
8.If violate the terms and conditions of this Agreement,such violation may result in the cancellation of my conditional
access to the information covered by this Agreement.This may serve as a basis for denying me conditional access to other
types of information,to include classified national security information.
I
9.(a)With respect to SSI and SBU,I hereby assign to the United States Government all royalties,remunerations,and
emoluments that have resulted,will result,or may result from any disclosure,publication,or revelation of the information
not consistent with the terms of this Agreement. i
(b)With respect to PCII I hereby assign to the entity owning the PCII and the United States Government,all
royalties,remunerations,and emoluments that have resulted,will result,or may result from any disclosure,
publication,or revelation of PCII not consistent with the terms of this Agreement.
10.This Agreement is made and intended for the benefit of the United States Government and may be enforced by the
United States Government or the Authorized Entity.By granting me conditional access to information in this context,the
United States Government and,with respect to PCII,the Authorized Entity,may seek any remedy available to it to enforce
this Agreement including,but not limited to,application for a court order prohibiting disclosure of information in breach of
this Agreement.1 understand that if I violate the terms and conditions of this Agreement,1 could be subjected to
administrative,disciplinary,civil,or criminal action,as appropriate,under the laws,regulations,or directives applicable to
the category of information involved and neither the United States Government nor the Authorized Entity have waived any
statutory or common law evidentiary priviieges or protections that they may assert in any administrative or court proceeding
to protect any sensitive information to which 1 have been given conditional access under the terms of this Agreement.
i
DHS Form?1D00-6(08-04)
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
I
I
I
EXHIBIT H
11,Unless and until I am released in writing by an authorized representative of the Department of HomelantApgWity(if
permissible for the particular category of information),I understand that all conditions and obligations imposed upon me by
this Agreement apply during the time that I am granted conditional access,and at all times thereafter.
12.Each provision of this Agreement is severable.If a court should find any provision of this Agreement to be
unenforceable,all other provisions shall remain in full force and effect.
13.My execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure
I Agreement which I have executed or may execute with the United States Government or any of its departments or
agencies.
14.These restrictions are consistent with and do not supersede,conflict with,or otherwise alter the employee
obligations,rights,or liabilities created by Executive Order No. 12958,as amended;Section 7211 of Title 5,United
States Code(governing disclosures to Congress);Section 1034 of Title 10,United States Code,as amended by the
Military Whistleblower Protection Act(governing disclosure to Congress by members of the military);Section
2302(b)(8)of Title 5,United States Code,as amended by the Whistleblower Protection Act(governing disclosures of
illegality,waste,fraud,abuse or public health or safety threats);the Intelligence Identities Protection Act of 1982(50
USC 421 et seq.)(governing disclosures that could expose confidential Governmeni agents);and the statutes which
protect against disclosure that may compromise the national security,including Sections 641,793,794,798,and 952
of Title 18,United States Code,and Section 4(b)of the Subversive Activities Act of 1950(50 USC 783(b)).The
definitions,requirements,obligations,rights,sanctions,and liabilities created by said Executive Order and listed i
statutes are incorporated into this agreement and are controlling.
15.Signing this Agreement does not bar disclosures to Congress or to an authorized official of an executive agency
or the Department of Justice that are essential to reporting a substantial violation of law.
16.I represent and warrant that I have the authority to enter into this Agreement.
i
17.1 have read this Agreement carefully and my questions,if any,have been answered.I acknowledge that the
briefing officer has made available to me any laws,regulations,or directives referenced in this document so that I
may read them at this time,if I so choose.
I
DEPARTMENT OF HOMELAND SECURITY
NON-DISCLOSURE AGREEMENT
Acknowledgement
Typed/Printed Name: Government/Department/Agency/Business Address j
Telephone Number:
I make this Agreement in good faith,without mental reservation or purpose of evasion. i
Signature:
WITNESS:
Typed/Printed Name: Government/Department/Agency/Business Address
Telephone Number:
I
Signature.
This form is not subject to the requirements of P.L. 104-13,'Paperwork Reduction Act of 1995"44 USC,Chapter 35.
DHS Form 11000-6(06-04)
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
Texas Commission on Environmental Quality
Financial Status Re ort
STATE AGENCY ORGANIZATION UNIT Exhibit
TO WHICH REPORT IS SUBMITTED:
GRANT/CONTRACT TITLE:
PAYEE IDENTIFICATION NUMBER:
9 . RECIFIENT ORGANIZATION (NAME AND COMPLETE ADDRESS,
INCLUDING ZIP CODE) :
TCEQ CONTRACT NUMBER:
FINAL P.EPORT: YES NO
ACCOUNTING BASIS: CASH ACCRUAL
TOTAL PROJECT/GRANT PERIOD: 5. PEP,IOD COVERED BY THIS REPORT:
FROM TO
FROM TO
BUDGET CATEGORIES:
Approved Project Cost Cumulative
ort Balance
.P **
aersonnel/Salary Budget This Re P Project Cost
*
b.Fringe Benefits
c.Travel
*
d.Supplies R
*
e.Equipment
*
Contractual
*
g.Construction
*
h.Other
*
i.Total Direct Costs (Sum a - h)
j.Indirect Costs
k.Total (Sum of i & j)
*List (Itemize) on the appropriate supplemental form all
these categories. component expenses comprising the total for each
* Please attach receipts, as required, in accordance with Attachment B of Vour contract.
egative balances in any of the bud *_
ge =a*_eg^r�es she•.._d be -
- i
�t
Typed cr Frl..ted Name and
Title
_elezh-ne
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES durin this re port eriod
NUMBER ITEM DESCRIPTION UNIT
PURCHASED TOTAL TASKS
(Should match description provided for COST COST
approval)
117
LL--TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 269a)
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR (NAME) FOR
COST( HIS PERIOD) TASKS
OTAL CONTRACTUAL EXPENDITURES (must agree with line 10f on Form 269a)
*LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE.
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
ITEMIZATION OF CONSTRUCTION COSTS
CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE
COST(THIS PERIOD) TASKS
OTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 269a)
'LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION
PURCHASED Should match dencri tion rovided fora royal UNIT TOTAL
COST TASKS
COST
OTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 269a)
OTHER EXPENDITURES (during this report period)
NUMBER DESCRIPTION
PURCHASED UNIT TOTAL
TASKS
COST
COST
OTAL OTHER EXPENDITURES (must agree with line 10h on Form 269a)
*LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL O
EXCEED $500.
R
..))A of r,
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
s
ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS
PERSONNEL/SALARY EXPENDITURES (during this report period)NAME TITLE/POSITION
SALARY(THIS TASKS
PERIOD
OTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 269a)
Is
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION REASON COST(THIS PERIOD
TASKS
L TAL TRAVEL EXPENDITURES (must agree with line 10c on $
m 269a
SUBSTANTIATING DOCUMENTATION (time sheets travel rece'Pts etc ) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM
Sc)of WA
Contract Name: Biowatch Monitoring Activities
` TCEQ Contract Number: 582-10-86405
Financial Status Report Preparation Instructions
1 The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a
completed, legible TCEQ Financial Status Report(TCEQ Form 269a) and any required TCEQ Supplemental 269a forms. Unless
directed otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents by not later than twen
one (21)days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fist
year quarters (September-November; December-February, March-May; June-August). Each Financial Status Report shall indicate,
each budget sub-category the PERFORMING PARTY'S project expenditures for the period in question, the cumulative expenditures
with respect to each budget sub-category, and the balance remaining in each budget sub-category following reimbursement of the
amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period
2• All requests for reimbursement of expenditures that fall within either the "Equipment"or"Contractual"categories of the Contracts Co
Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks
objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In
equipment
attach,for each reimbursable cost listed on Supplemental Form 269a-1, legible docum addition, the PERFORMING PARTY shall
entation that(1)serves to further identify the
specific piece of equipment received or the services provided, (2) clearly identifies the vendor or subcontractor who provided the
c services, and ll that confirms the reimbursable amoun t listed on the form. In the case of equipment purchases, the
attached documentation shall be either a purchase order marked"received/paid"or avendor-submitted invoice similarly marked. In
the case of subcontractor provided services, the documentation shall consist of a dated invoice that shows the amount billed to the
PERFORMING PARTY and any"past due"amount from previous invoices.
3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the Contracts Co:
Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-2 and identified with respect to the major tasks c
objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall
attach,for each reimbursable cost listed on Supplemental Form 269a-2, legible documentation that(1) serves to further identify the
specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services, and
confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked (3) tha
"received/paid"or an invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall
consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due"amount from previous
invoices.
4. All requests for the reimbursement of expenditures that fall within either the"Supply"or"Other"categories of the Contracts Cost
Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-3 and identified with respect to the major tasks
or objectives, set forth in the Scope of Work, that such expenditures support
costing more than $500,the PERFORMING PARTY shall attach, for eacchreimbursable cost list d onoSupplemelntalSForm 269a-3,ervice
legible documentation that(1)serves to further identify the specific items or services, (2) clearly identifies the vendor or subcontractor
who provided the items or services, and (3) that confirms the reimbursable amount listed on the form. Although issued purchase
orders and/or invoices marked"received/paid"represent the preferred types of documentation for purposes of this section,the
PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The
PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the
purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the
TCEQ.
5. All requests for reimbursement of expenditures that fall within either the"Personnel/Sala
Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-4 and identified with respect to the major tasks or
objectives, set forth in the Scope of Work, that such expenditures support"Personnel/Salary"or"Travel"categories of the Contracts Cost
to be attached to Supplemental Form 269a-4 with respect to reported "Personnel/Salary"exile n i supporting documentation is required
reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours
expenditures in order to receive
of staff time being directly billed to this Contract. With respect to employee travel, all costs listed on Form 269a-4 must be supported
by attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable costs.
Documentation, for the purpose of substantiating travel-related costs, includes the following: (1) legible copies of the PERFORMING
PARTY-approved travel vouchers. signed by the employees who traveled, and (2)for any travel-related expenses under this contract
borne directly by the PERFORMING PARTY(and thus for which reimbursement by the PERFORMING PARTY to the traveler was not
required) separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel date(s).
6. When a single expenditure supports
particular expenditure by specific contract tlask or objective but may simply identify, n relative c ostvor err,, the various tasks that
objectives supported. s or
60 of R�
Contract Name: Biowatch Monitoring Activities
TCEQ Contract Number: 582-10-86405
HUB Progress Assessment Report PAR
p (PAR)
Part A. Identifying Information. Exhibit J
F 1. TCEQ Contract No.:
2. Your Invoice No.:
3. Work Order No. (if applicable)
5. Prime Contractor("You"): 4. For work completed between / /
and
6. Prime Contractor Vendor ID#:
7. Contact: 8. Phone: (
performing at least 25%of the total value of the contract )? Yes_ No 9. Is the Prime Contractor a Texas certified HUB and
Part B. Invoice and HUB Subcontracting Information.
10. J If you have used no subcontractors this eriod, check here.
Name and Address of Vendor ID
Value of this subcontractors
HUB Subcontractor No.
Type of HUB Provided*: participation for this
invoicing period
J MBE J Services $
J WBE J Commodities
J MBE J Services $
J WBE J Commodities
"
Total $
If subcontractor's services include both labor and materials, check "services,'only.
Note:If you need room to list more subcontractors, enter this information on a plain sheet of paper and attach it to this form.
11. Total of invoice:
12. Total of invoice from certified HUB subcontractors:
13. Percent of HUB expenditures for this invoice:
(line 11 line 10)x100
Part C. HUB Subcontracting Information
-
14. Total amount invoiced to date:
15. Total HUB expenditures for contract to date:
16. Percent of HUB expenditures for contract to date:
(line 15 - line14)x100
17. HUB subcontracting goal for this contract:
Part D. Affirmation. The information provided on this form is complete and correct. Yourrepresentative must sign here:
18. Signature:
Part E. Other Information. For TCEQ use onl . Pro ect manager-C at fete this box and si n.
Type of funding: J State J Federal J Both
Index: COBJ:
Fund No. Date In: / / PCA Code(s)
Check if prime contractor is one of the following Signature:
J River Authority J COG J Local govt. J Interlocal
61 of 63
Contract Name: Biowatch Monitoring Activities TCEQ Contract Number: 582-10-86405
General Information
The purpose of this form is to help the Texas Commission on Environmental Qualit- (TCEQ;"us")to track the value of business we do with Texas-certified"historicalh underutilb
businesses"(HUBS)and federally designated"minority-or woman-oNvned business enterprises"(MWBEs). In this form.the acronym"HUB"refers to both ofthese classes of
businesses.
Do I Have to Complete This Form?
If we have awarded you a contract to provide us with professional services,other services.or commodities and%our contract contains a subcontracting plan.then you must complete
this form each time you submit an invoice or set of invoices to us—even ifno subcontracting occurred during the period covered hr these invoices.
If you are a HUB,you must perform at least 25 percent of the total value of the contract with your own or leased employees as defined by the Internal Revenue Service in order for
the agency to receive 100 percent HUB credit for the entire contract.You may subcontract up to 75 percent of the contract with HUBS or non-HUB subcontractors.but you must
report to us the value—both dollar amount and percentage—of your contract that was actually performed by you and your subcontractors during each invoicing period.
Where Do I Turn This Form In?
When you have completed this form.attach it to your invoices and submit it to our proiect manager for your contract.
Where Can I Get More Answers?
If you have any other questions,call the proiect manager named on your contract or our HUB Program Director (512/239-1273).
Definitions
These brief definitions may help you complete this form.For terms where a full legal definition may be helpful.we have cited the rule or law that gives that definition..
Commodities—materials,supplies,or equipment.May include consumable articles(for example,office supplies)or durable items(for example,computers,furniture.or equipment)
Other services—all services other than construction and professional services,including consulting services(Texas Government Code.Chapter 2254.Subchapter B).
Prime contractor(or"prime")—any business,agency,or individual who provides commodities or services to us under a purchase order or other contract.
Professional services—services of accountants.architects.engineers,land surveyors.optometrists.and physicians(Texas Government Code.Chapter 2254,Subchapter A).
Services—(I)functions performed for us by an outside source—for example.equipment repair,consulting,hazardous waste disposal.or work by short-term temporary employees.(2)
similar functions performed for the prime contractor by an outside source.
Subcontractor—any business.agency,or individual(other than an employee)who provides commodities or services to the prime contractor.
Total contract(Item 14)—on this form.total value ofyour contract with us.including all monetary amendments.ifany.
Vendor ID No.—the I I-digit taxpayer identification number assigned to this subcontractor by Comptroller of Public Accounts.The subcontractor should be able to provide you with
this number.
Instructions
1.TCEQ Contract No.-Enter the contract number we have assigned to this contract.This number appears on the first page of the contract
2.Your Invoice No.-Enter your invoice number for each invoice you are submitting with this form.
3.H'ork Order No.-If applicable.enter tour work order number for the site.phase.or program.
4 For work completed beMeen-triter the period of time in"hich the%kork co%cred M these imotce,eNa.earned out
Prime(ontractor-Enter the name of the contractor to Hhrch%ac awarded thi.contract.
h Prime Contractor endor ID#-I-nter the 13-digit vendor identification number the Comptroller of Public,accounts has assigned the prime contractor.
7. Contact-Enter the name of the person authorized to complete this form for the prime contractor. We sti ill contact this person if we have am questions about the information you
have prnided on this form.
R Phone-I nier the phone number at%%hrch kNe can reach the contact person named to hem 7
I hi, per,eniaec i,,q��l�,ehlc mh �.Itcn th,111 M ,ntrr,L r 1�e I II li
62 of 63
Contract Name: Biowatch Monitoring Activities
~ t ` 9 TCEQ Contract Number: 582-10-86405
10. HUB Subcontractor Information-First co/wnn--Enter the complete name of-each HUB subcontractor.Enter information about this HUB subcontractor in the remaining
columns of this row.
Second column--Enter the 13-digit vendor identification number the Comptroller of Public Accounts has assigned to this HUB subcontractor.
Third column—You have three options:
• If this subcontractor is a minority-owned business enterprise.check"MBE."
• If this subcontractor is a woman-owned business enterprise.check"WBE."
• If this subcontractor qualifies as both an MBE and a"'BE.check both boxes.
Fourth column—Indicate.by checking the appropriate box.whether the subcontractor provided services or commodities.(If both.check"services"onh.)
Fifih co/umn--Enter the total of all invoices attached for this HUB subcontractor.
11.Total of invoice-Enter the total of all attached invoices
12.Total of invoice from certified HUB subcontractors-Enter the total amount of all attached invoices from HUBS.
13.Percent of HUB expenditures for this invoice-Use the instructions on the PAR form to calculate the percentage of this invoice that HUB subcontractors have completed.
14.Total amount invoiced to date-Enter the total of all invoices you have submitted to us to date for this contract.including the invoices attached to this PAR form.
15.Total of HUB expenditures on contract to date-Enter the total of all HUB subcontractor invoices for this contract to date.
16.Percent of HUB expenditures for contract to date-Use the instructions on the PAR form to calculate the percentage of this contract that HUB subcontractors have completed
to date.
17.HUB Subcontracting goal for this contract-Your HUB goal is stated as a percentage in your contract.Enter your HUB goal here.
18.Signature-The person named in Item 5 must sign here as the representative of the prime contractor.
19.Date-Enter the date you completed this report.
City of Fort Worth, Texas
Mayor and Council Communication
i COUNCIL ACTION: Approved on 5/26/2009 - Ord. No. 18635-05-2009
DATE: Tuesday, May 26, 2009
LOG NAME: 52TCEQ BIO 2010 REFERENCE NO.: C-23555
SUBJECT:
Authorize the Execution of an Intergovernmental Cooperative Reimbursement Agreement with the Texas
Commission on Environmental Quality in the Amount of$410,500.00 for the Operation and Maintenance of
Local Air Pollution Monitors and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an Inter-Governmental Cooperative Reimbursement Agreement
with the Texas Commission on Environmental Quality for the period beginning September 1, 2009, and
ending August 31, 2010, with a limit of$410,500.00 for reimbursement of expenses to the City of Fort
Worth and authorize staff to perform the work as described in the agreement;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grant Fund in the amount of$410,500.00 in the Fiscal Year 2009-2010, subject to receipt of an executed
Inter-Governmental Cooperative Reimbursement agreement; and
3. Apply indirect cost at the rate of 21.48 percent in accordance with the terms of the Inter-Governmental
Cooperative Reimbursement agreement.
DISCUSSION:
In 2003 the United States Environmental Protection Agency launched a new air monitoring network. The
Texas Commission on Environmental Quality (TCEQ) has been designated as the administering
agency. Since the inception of this new monitoring program, the TCEQ has contracted with the City for
operation and maintenance of the monitoring equipment.
The City will be responsible for retrieving the sampling data, sending it for analysis and performing regular
audit and maintenance activities on the equipment under the terms of this agreement.
The agreement period begins September 1, 2009, and ends August 31, 2010, with a limit of$410,500.00
for reimbursement of expenses to the City of Fort Worth.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of grant funds, and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund. Funds will be reimbursed by grantor after
expenditures are made.
FUND CENTERS: _
TO Fund/AccounVCenters FROM Fund/AccounVCenters
2) GR76 451543 052412374000 $410,500.00
2) GR76 5(VARIOUS) 052412374010 $410,500.00
CERTIFICATIONS:
Submitted for City Manager's Off.ice bv: Fernando Costa (6122)
Originating-Department Head: Brian Boerner (6647)
AdditionaI-information Contact: Michael Gange (6569)
ATTACHMENTS
1. 52TCEQ 61_0.2010 AO_doc (Public)
2. Corr-52TECQ B10 2010.doc (CFW Internal)