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Contract 43696 (2)
c/4w U 141G4J TA C rain ` �_� ►�1J g I Texas Commission on Environmental Qualit IntergmwmrnetaD C©operatEvCooperative G eimhmarse with Federal', £ t fie and Local Gayernrni ents and Ager des Co R1T" r- CT S 1Gi`iATURL PAGE Contract Name City of Fort Worth Whole Air Monitoring Contract Number 582-13-30017 Performing Party City of Fort Worth, Texas Performing Party Identification Number 17560005286001 Maximum TCEQ Obligation: $348,624.00 Effective Date: 9/1/2012 or Date of Expiration Date: August 31, last signature, whichever is later 2013 The Texas Commission on Environmental Quality (TCEQ), an agency of the State of Texas, and the named Performing Party, a governmental body, agency, or political subdivision of: the United States, the State of Texas, or another State, enter this agreement (Contract) to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas, including, the Interagency Cooperation Act, the Interlocai Cooperation 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 10 days' written notice. Parties to the Contract: By (Authorized Signature) Printed Name: Title: Date of Signature: • Procurement and Contracts Representative Printed Name Date Texas Commission on Environmental Quality (TCEQ) City of Fort Worth, Texas indem."-- 4-7-Oani••••4 Covet — Ramiro Garda, Jr. Deputy Director, Office of Compliance and Enforcement 7 ‘,1,. 1 _ri1/4 A_An...,Jm. '\f2iL Adrian Kyle 0 *—i ��1 2 - V� \®k001100y ( 00 I 0t 0r...,. boo 4,�r(� ��„ 0 1-4-7? 45 Q OT rao - 1i 2 P 12 : 4' f ► N o Jo Ka Ci Seer 411,000000 ° khrt:( 1of57 0_53-07-12 P03:15 IN 14PRO v ;D AS TO FORM AND LEGALITY: Slst&aat City. itttmtcy )k- .1.,,.. _r... _ _ci.. . Con t_ FC tzatiort -7(10 Date Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582 13 30017 Intergovernmental Cooperative Reimbursement Contract CONTRACT DOCUMENTS The Contract between TCEQ and Performing Party is composed of the Contract Documents listed on this page and marked by an "X." Documents on this list include 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 X X X X X X Contract Signature Page Special Terms and Conditions Federal Section (Including Federal Conditions and Completed Forms) Documents Created during the Contract: Work Orders/Proposal for Grant Activities. For umbrella contracts/grants, the following order takes precedence, with the most important first; all of which are subject to control by the latest amendment: Work Order / Proposal for Grant Activities Notice to Proceed / Notice to Commence TCEQ Approved Work Plan / Grant Activity Description Contract Activities ("Scope of Work") TCEQ Approved Work Plan / Performing Party Proposal Work Order Section General Terms and Conditions Contract Budget / Schedule of Fixed Cost for Reimbursement Project Representatives and Records Location Exhibit F - Operations Security Procedures for the Bio-Watch Program Exhibit G - Department of Homeland Security Management Directive 11042.1 Exhibit H - Department of Homeland Security Non -Disclosure Agreement (Form 1100-6) Exhibit I - TCEQ Financial Status Report Form (FSR) Exhibit ) - HUB Progress Assessment Report Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 Texas Commission on Environmental Quality Intergovernmental Cooperative Reimbursement Contract 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 a continuous, whole -air sampling network in the Fort Worth, Texas area. 2. In general, information about program operations, including but not limited to, the locations and numbers of sites, cities, etc, is considered to be "For Official Use Only" (FOUO), and -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 Program Security Classification Guide (copies of both documents are attached) As such, the PERFORMING PARTY cannot publish reports or disseminate information about this program to persons without a need to know, unless otherwise approved in writing by the TCEQ Program Manager Presentation content and a description of the measures to be taken to maintain confidentiality of the material must be approved by TCEQ prior to its dissemination to persons not routinely associated with day-to-day operations. 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 11000-6 (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 DHS (reference follows), the TCEQ, and the respective instrument manufacturers. (Ref: Field SOP -Version 1.2, Date Issued: July 2009). In the event of conflict in procedural instructions, instructions approved by DHS shall prevail. 5. Funds provided under this Contract may only be used for the purposes set forth and relating to the program described below. B. TCEQ Responsibilities 1. Provide DHS-authorized equipment and supplies necessary to perform this service, unless otherwise noted under Section C (PERFORMING PARTY Responsibilities) below. 3of57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 2. Issue directives, guidance, and technical support consistent with DHS objectives as provided for under the current DHS cooperative agreement with TCEQ. C. PERFORMING PARTY Responsibilities The PERFORMING PARTY shall provide: 1. The capacity to readily transfer -sensitive information through a secure means such as the program Portal or password -protected email. 2. Competent personnel who 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. Communications devices assigned to all personnel (smart phones or equivalent preferred) who are directly involved in field activities associated with management of the network so that after hours communication capability is maintained. 4. Appropriate, readily -available vehicles for providing routine network operation and maintenance duties as well as timely and applicable after-hours activities associated with responding to an emergency action. 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. All purchases are subject to review and purchases exceeding $1,000 require prior written (email) approval of TCEQ. D Qualifications and Experience Site operators shall have sufficient hands-on experience with the operation and maintenance of high -volume ambient -air particulate sample collectors as necessary 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 currently applicable guidelines including the DHS Compendium of Standard Operating Procedures (SOP) referenced in Article A.4., listed above, and any other guidance established by DHS, CDC (Centers for Disease Control and Prevention) DHS-designated national laboratories, or TCEQ as applicable. The PERFORMING PARTY shall provide: Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 1. The collection of air -monitoring samples from all active collectors in the network, seven (7) days a week, including, but not limited to, operations, maintenance, Quality Assurance/Quality Control (QA/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 no later than 10:00 am, unless otherwise approved by TCEQ, and no later than three (3) hours following the collection of the last daily sample. 3. Assurance that each sample is collected in accordance with the guidelines specified in the referenced DHS SOP, subject to approval by TCEQ. 4. Exclusive utilization of the Sample Management System (SMS) protocol, including software and hardware, as provided and approved by DI -IS or the DHS-designated national laboratory. 5. Completion and storage of all required documentation in accordance with the guidelines specified in the referenced DHS SOP, including but not limited to: a. The designated Filter Holder Log Form and chain -of -custody (COC) documentation; b. The creation of electronic backup files on securely -stored removable media; c. The maintenance of each full year's data records in a secure location for one (1) full year following December 31st of the year in which the data was generated; and, d. The subsequent destruction of documents in accordance with applicable DHS SOPs. 6. An accurate and current record and concatenation (linking) of the unique identification (ID) numbers of each collector with relevant site location information. Notification to TCEQ as soon as reasonably possible, but no later than twelve (12) hours following any changes in site location or information relating to the site, including relevant after- hours site -access information. 7. Assistance to TCEQ in the identification, improvement, or relocation of new or existing collector sites. 8. Notice to TCEQ of any significant exceptions to the normal sample -collection routine. Notification must be made by telephone, as soon as possible and no later than 3:00 p.m. on the day of discovery. TCEQ shall provide a list of after-hours contact telephone numbers. These exceptions include, but are not limited to: a. Collector failures or downtimes regardless of duration; b. Site start-up or closure (whether seasonal or permanent, planned or unexpected); c. Collector relocations, even if on the same facility (note that approval must be received from TCEQ for any relocation of network collectors); d. Special -event monitoring (i.e., activation of spare collectors) when authorized by TCEQ. Costs associated with special -event monitoring are not reimbursable under this Contract without approval by TCEQ; e. Any breach of security including tampering, break-in, theft, defacement, or other suspicious activity; Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 f. Failure to meet sample delivery or reporting deadlines including notification of the sample -receiving lab in the event of a missed delivery deadline or exception that will affect the daily routine of the lab; g. Any deviation from normal operations or the approved and currently applicable SOP; or, h. Any changes in personnel whereby a person will be given access to sensitive program information of whose existing access is being eliminated or limited. 9. A minimum of one (1) representative from the jurisdiction's environmental field operations to participate in the annual national workshop. 10.Appropriate training of personnel assigned to operations and the maintenance of a pool of appropriately trained personnel. 11.The assignment of persons experienced with operations to be readily available via electronic communications on a 24-hour, 7-day per week, 365-day per year basis. 12.Maintenance of current and accurate information on the DHS-sponsored Internet portal including, but not limited to, changes in: a. Personnel; b. Equipment (including active and reserve PSU operational status, replacements, repairs, etc); c. Site changes (including site contact info, on -site equipment reorientation, expected and unexpected site changes that have the potential to affect monitoring, etc); and, d. Response -readiness capabilities (including staff, equipment, or policy changes) previously confirmed with TCEQ. Changes in the above information must be corrected on the portal as soon as possible, but no later than 24 hours after planning or becoming aware of the change (excluding changes also considered to be `exceptions", which must be reported before 3:00 p.m. on the day of discovery). 13.Written quarterly reports submitted to TCEQ electronically within twenty (20) days following the end of each calendar quarter and in accordance with established security procedures that include the following• a. Identification of the primary Point(s) 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 and a discussion of efforts made to prevent future exceptions. 14.Invoicing on a quarterly basis accompanied by a detailed breakdown of expenditures including, but not limited to: 6 of 57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 a. Personnel time specifying persons billing under this Contract by name, position, and cost; b. A brief description of the activities relating to the program for which a person's time is billed; c. Fringe benefits; d. Travel outside of the normal work routine, including mileage/transportation (including pre -approved costs for training); e. Equipment (including pre -approved vehicle purchases); f. Supplies• and g Other relevant expenses (including vehicular fuel and maintenance costs) All expenses for which reimbursement will be sought under this contract must be 100%-related to program or otherwise apportioned according to the percent of the expense that is specifically related to this scope of work. 15.Continual maintenance of an inventory of any equipment purchased and/or provided by TCEQ having a cost of $5,000 or more per unit. The inventory shall include a description of the item, serial number, TCEQ inventory number (as applicable) and purchase amount. See Paragraph 5(e) of the Special Terms and Conditions The inventory must include a separate list of any durable equipment including air sample collectors, hand-held measurement devices, personal protection equipment, or other items purchased by Performing Part, but may be utilized in the performance of the scope of work regardless of the source of funding. 16.Maintain a level of inter -governmental exchange and situational awareness through substantial participation in local planning and training activities including, but not limited to, attendance at local program -related meetings; participation in local and regional exercises; maintaining routine communications with TCEQ (including monthly conference calls); assist TCEQ, upon request, with meeting local and statewide response -planning objectives including collaboration with other program jurisdictions to provide equipment and/or personnel support, and as requested or necessitated by unforeseen events. 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. 7of57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 SPECIAL TERMS AND CONDITIONS These conditions add to, or in the case of conflicts, supersede and take precedence over the general conditions set forth in this Contract. 1. The contract period shall be in effect from Contract execution through August 31, 2013. 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 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 Majeure. 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 of sex, 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 Rehabilitation Act of 1973. Provides that no other qualified individual with a disability in the United States, shall, solely by reason of his/her disability, be excluded from participation in or be denied benefits of, or be subject 8 of 57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 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 basis of disability in employment (Title I) state and local government services (Title II), places of public accommodation and commercial facilities (Title III). (42 U.S.0 12101-12213) f. 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) 5. 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 property, and any ultimate disposition data including the date of disposal and sale price of the property. 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 Toss, damage or theft shall be investigated The PERFORMING PARTY agrees to develop and carry out a program of property maintenance as necessary to keep both originally acquired and any 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. 9of57 Contract Name: City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 g. 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 Work, equipment acquired under this Contract, whether original or replacement, may be used in support of other activities currently or previously supported by TCEQ or the Federal Government, or 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 5(a) of the Special Terms and Conditions 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 Tess 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 o r projects referred to in the Scope of Work, TCEQ may require the PERFORMING PARTY to transfer title and possession to such equipment to TCEQ or a third party n amed by 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 o r projects referred to in the Scope of Work, TCEQ has a right to require the transfer o f 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 TCEQ. 6. 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 § 783.001, et seg., 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." 10 of 57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 GENERAL TERMS AND CONDITIONS 1. CONTRACT PERIOD 1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Signature Page of this Contract (Contract Period). If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Renewal and Extension Period. The Contract may be extended by notice of TCEQ beyond expiration of a Contract Period for up to 90 days (Extension Period) during which the parties may agree on a written amendment to extend the Contract for a longer period. Renewals and extensions do not extend any other deadlines or due dates other than the expiration of the Contract Period. 1.2.1. This Contract is not subject to competitive procurement or grant regulations, and may be amended for Renewal as needed. 2. DEFINITIONS 2.1. "Include." The word "include" and all forms such as "including" mean "including but not limited to" in the contract and in documents issued in accordance with the contract, such as Work Orders (or Proposals for Grant Activities). 3. AUTHORIZATION The PERFORMING PARTY must obtain a written Notice to Proceed from the TCEQ Contract Manager to start activities. Any performance of the activities prior to the Notice to Proceed is not reimbursable. At its option, TCEQ may issue a limited Notice to Proceed to authorize reimbursement for a portion of the activities. 4. FUNDS 4.1. Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. 4.1.1. PERFORMING PARTY will ensure that Article 4.1 is included in any subcontract it awards. 4.2. Amount Limits on Funds. The maximum reimbursement is shown on the Contract Signature Page. 4.3. Grants. If this Contract was entered under the TCEQ authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 5. ALLOWABLE COSTS 5.1 Conforming Activities. TCEQ will reimburse the PERFORMING PARTY for Allowable Costs incurred and paid by the PERFORMING PARTY in performance of conforming Contract Activities Allowable Costs are those costs for conforming Contract Activities that are reasonable, necessary, actual, and authorized by this Contract and a Notice 11 of 57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 to Proceed. Contract Activities must be authorized in writing to be eligible for reimbursement 5.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and additional state and federal rules and law. The text of UGMS is available online at the Governor's Website. (htto://www.covernor.state tx.us/files/state-arants/UGMS062004.doc.) The parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply when federal funds are included in the reimbursement. 6. REIMBURSEMENT 6.1 Reimbursement Request Deadline. PERFORMING PARTY shall submit all requests for payment to TCEQ prior to July 15 of the second fiscal year following the fiscal year for which the appropriation is made. 6.2 Reimbursement Requests PERFORMING PARTY shall invoice TCEQ to request reimbursement for its Allowable Costs for performing the Contract Activities. PERFORMING PARTY's invoice shall conform to TCEQ's reimbursement requirements. 6.3 Travel, Other Costs. Travel costs must be specifically authorized in advance of the travel. Travel costs, including per diem, will be reimbursed only in the amount of actual costs, up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. 6.4 Supporting Records. PERFORMING PARTY shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs. At a minimum, PERFORMING PARTY shall submit supporting records with its invoices TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation. PERFORMING PARTY shall maintain records subject to the terms of this Contract. 6.5 Conditional Payments. Reimbursements are conditioned on the Contract Activities being performed in compliance with the Contract. PERFORMING PARTY shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Contract Activities. This does not limit or waive any other TCEQ remedy. 7. FINANCIAL RECORDS, ACCESS AND AUDITS 7.1 Audit of Funds. The PERFORMING PARTY understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. PERFORMING PARTY further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested PERFORMING PARTY shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. 7.2 Financial Records. PERFORMING PARTY shall establish and maintain financial records including records of costs of the Contract Activities in accordance with generally accepted accounting practices. Upon request PERFORMING PARTY shall 12of57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 submit records in support of reimbursement requests. PERFORMING PARTY shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Records shall be maintained for a minimum of three years beyond the expiration or earlier termination of this Contract, and three years after the end of any litigation or claims process, including appeals 8. INDIRECT COST RATE 8.1 Authority for 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. In the event an audit changes the indirect cost rate PERFORMING PARTY agrees to waive additional indirect costs, or in the alternative, contribute the difference between the contract indirect rate and audited indirect rate. 8.2 Indirect Cost Rate of Contract Activities. The cost of services provided to TCEQ by another agency may include allowable direct costs of the service plus a pro rata share of indirect costs, if authorized by the budget. A standard indirect cost allowance equal to 10% of the direct salary and wage cost of the activity may be used in lieu of determining the actual indirect costs of the activity. 9 AMENDMENTS Changes to the Contract are only effective by a written amendment, signed and agreed to by the Parties. 10. CONTRACT INTERPRETATION 10.1. Interpretation of Time. All days are calendar days, unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday, or a state or federal holiday, it is omitted from the computation. 10 2 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 10 3 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 11. PERFORMING PARTY'S RESPONSIBILITIES 11.1. PERFORMING PARTY's Responsibility for the Contract Activities. PERFORMING PARTY undertakes performance of the Contract Activities as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent, employee or vendor of goods or services. PERFORMING PARTY agrees that the Contract Activities are furnished and performed at PERFORMING PARTY s sole risk as to the means, methods, design, processes, procedures and performance of the Contract Activities. 13of57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 11.2. Independent Contractor. Nothing in this Contract shall create an employee - employer relationship between PERFORMING PARTY and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the PERFORMING PARTY. The parties agree that the PERFORMING PARTY is an independent contractor. 11.3. PERFORMING PARTY's Responsibility for Subcontractors. All acts and omissions of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Contract Activities under a direct or indirect contract with PERFORMING PARTY shall be considered to be the acts and omissions of PERFORMING PARTY. 11.4. No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of PERFORMING PARTY's subcontractors, suppliers or other persons or organizations with a contractual relationship with the PERFORMING PARTY. 12. RESERVED 13. CONFLICT OF INTEREST The PERFORMING PARTY shall timely notify TCEQ in writing of any actual, apparent, or potential conflict of interest regarding the PERFORMING PARTY or any related entity or individual. No entity or individual with any actual, apparent, or potential conflict of interest shall take part in the performance of any portion of the Contract Activities nor have access to information regarding any portion of the Contract Activities. PERFORMING PARTY agrees that TCEQ has sole discretion to determine whether a conflict exists and that a conflict of interest is grounds for termination for cause. 14. INTELLECTUAL PROPERTY 14.1 Third Party Intellectual Property. Unless specifically waived, PERFORMING PARTY must obtain all Intellectual Property licenses expressly required in the Scope of Work or incident to the use or possession of the intellectual property. PERFORMING PARTY shall obtain and furnish to TCEQ• documentation on the use of such Intellectual Property, and a perpetual irrevocable, enterprise -wide license to reproduce, publish, otherwise use, or modify such Intellectual Property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such Intellectual Property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 14.2 Grant of License. PERFORMING PARTY grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce publish modify or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the PERFORMING PARTY that is incorporated into the Contract Activities intellectual property created under this Contract, and associated user documentation. 15. TIME DELAYS 15.1. Time is of the Essence. PERFORMING PARTY's timely performance is a material term of this Contract. 14 of 57 Contract Name: City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 15.2. Delays. Where PERFORMING PARTY's performance is delayed, except by Force Majeure or act of the TCEQ TCEQ may withhold or suspend reimbursement, terminate the Contract, or enforce any of its other rights. 16. TERMINATION 16.1. Termination for Cause. TCEQ may, upon 10 days' written notice and the o pportunity to cure, terminate this Contract for cause if PERFORMING PARTY materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming Contract Activities, existence of a conflict of interest, failure to provide evidence of required insurance coverage and failure to comply with HUB requirements in law or this Contract. Termination for cause does n ot prejudice TCEQ's other remedies authorized by this Contract or by law. 16.2. Termination for Convenience. TCEQ may, upon 10 days' written notice, terminate this Contract for convenience Termination shall not prejudice any other right or remedy of TCEQ or the PERFORMING PARTY. PERFORMING PARTY may request reimbursement for: conforming Contract Activities and timely, reasonable costs directly attributable to termination. PERFORMING PARTY shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages o r other economic loss arising out of or resulting from the termination. 16.3. If, after termination for cause by TCEQ, it is determined that the PERFORMING PARTY had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of the TCEQ. 17. INSURANCE AND INDEMNIFICATION 17.1. Insurance. Unless prohibited by law, the PERFORMING PARTY shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the PERFORMING PARTY and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 17.2. Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS CONTRACTORS, SUPPLIERS AND AGENTS INCLUDING THOSE ARISING FROM A DEFECT IN DESIGN, WORKMANSHIP, MATERIALS OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF 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 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 18. DISPUTES, CLAIMS AND REMEDIES 18.1. 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 PARTY from liability under this Contract. 18 2 Schedule of Remedies available to the TCEQ In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this contract. In the event of PERFORMING PARTY's nonconformance TCEQ may do one or more of the following: 18.2.1. Issue notice of nonconforming performance; 18.2.2. Reject nonconforming performance and request corrections without charge to the TCEQ; 18.2.3. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 18.2.4. Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; 18.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 18.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments 18.3. Opportunity to Cure. The PERFORMING PARTY will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 18 4 Cumulative Remedies. Rights and remedies in this Contract are in addition to, and are not in any way a limitation of, any rights and remedies available under state and federal rules, regulations, and laws and at common law 19. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive sovereign immunity relating to suit, liability, or payment of damages. 20. MISCELLANEOUS 20.1. Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by PERFORMING PARTY will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the PERFORMING PARTY from any duty or responsibility under the Contract. 20.2. Venue. PERFORMING PARTY agrees that the Contract is being performed in Travis County, Texas, because this Contract has been performed or administered, or both, in Travis County, Texas. The PERFORMING PARTY agrees that any cause of action involving this Contract arises solely in Travis County, Texas 20.3. Publication. PERFORMING PARTY agrees to notify TCEQ five days prior to the publication or advertisement of information related this Contract. PERFORMING 16of57 Contract Name: City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582 13 30017 PARTY agrees not to use the TCEQ logo or a TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 20.4. Waiver. With the exception of an express, written document signed with authority by TCEQ, no act or omission will constitute a waiver or release of PERFORMING PARTY's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 20.5. TCEQ relies on PERFORMING PARTY to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 20 6 Survival of Obligations. Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four years beyond the termination or completion of the Contract, or after the end of a proceeding which was brought under the Contract, or if TCEQ has notified PERFORMING PARTY of an on -going proceeding. A proceeding includes any litigation, legal proceeding, permit application, State Office of Administrative Hearings proceeding or similar activity listed in a TCEQ notice to the PERFORMING PARTY. 20.7. Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 20.8. Release of Claims. As a condition to final payment or settlement, or both, the PERFORMING PARTY shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract 20.9. Counterparts. This Contract may be signed in any number of copies Each copy when signed is deemed an original and each copy constitutes one and the same Contract. Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 21. PROJECT REPRESENTATIVES AND RECORDS LOCATION The term 'PERFORMING PARTY" as used in this Project Representatives / Records Location means either PERFORMING PARTY or CONTRACTOR, as applicable. 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. Dan McClellan Proiect Manager 177 (Title) (Mail Code) Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 Telephone No.: (512) 239-6306 Facsimile No.: (512) 239-1605 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 (Nnv)l ironmental Program Manager (Title) 1000 Throckmorton St (Mailing Address) Fort Worth Texas 76102 (City) (State) (Zip Code) Telephone No.: 817-392-5455 Facsimile No.: 817-392-6359 21.3. Submittal of Payment Requests. Payment requests must be submitted to (whichever is checked): ►1 • the TCEQ Project Representative. the TCEQ Disbursements Section. (if neither box is checked, payment requests must be submitted to the TCEQ Project Representative). 18 of 57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 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: Michael Kazda (Name) Environmental Program Manager (Title 1000 Throckmorton St. (Mailing Address) Fort Worth (City) Texas 76102 (State) (Zip Code) Telephone No.: 817-392-8136 Facsimile No.: 817-392-6359 19 of57 Contract Name: City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582 13 30017 CONTRACT BUDGET FOR ACTUAL COST REIMBURSEMENT 22. CONTRACT BUDGET 22.1. Budget. Authorized budgeted expenditures for Work Performed are as follows: 22 2 Indirect Cost Rate. 22.2.1. 22.2.2. 22.2.3. $181,805.00 (31.0%)$56,360.00 $4,250.00 $21,500.00 $0.00 $0.00 $0.00 $33,551.00 $51,158 00 $348,624.00 The indirect cost rate may be a rate that has been determined by a federal cognizant agency or by a state coordinating agency or may be a rate negotiated and agreed on by the parties Federal and State Agency Rate. The requirements applicable to federal and state agency rates are contained in Circulars of the federal Office of Management A-87 and Budget and UGMS. PERFORMING PARTY shall provide TCEQ with documentation of the federal or state agency determination. Negotiated Predetermined Final Rate. TCEQ and the PERFORMING PARTY may negotiate a predetermined final indirect cost rate for the term of the contract based on the cost experience and other pertinent facts that are sufficient to enable the parties to reach an informed Judgment (1) as to the probable level of indirect costs in the PERFORMING PARTY s programs during the term of the Contract, covered by the negotiated rate, and (2) the amount allowable under that predetermined rate would not exceed the indirect costs as determined under the federal or state agency rate. The negotiated predetermined indirect cost rate for the term of this contract including renewals and extensions is final and is not subject to change in the rate or the amount except as agreed by the parties in written contract 20 of 57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 amendment. If the negotiated predetermined final rate is less than the federal or state agency determined rate, the PERFORMING PARTY may claim the difference in the resulting amount as a matching contribution. 22.2.4. The indirect rate of the PERFORMING PARTY for this contract is 21.48% of Personnel and Salary Costs with Fringe. 22 3 Budget Control and Transfers Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the current Total Budgeted amount. If Work Orders are included in this Contract, cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the current Total Budgeted amount for each Work Order. 22 4 Submittal of Payment Requests. Unless otherwise stipulated in the Contract, payment requests must be submitted quarterly and invoices shall be submitted within thirty (30) days after the end of the fiscal quarters. End of fiscal year invoices shall be submitted within 60 days of the last working day in August for each fiscal year that is to be invoiced, unless a later time is otherwise approved in writing by TCEQ. 21 of 57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 FEDERAL CONDITIONS AND FORMS ARTICLE 1. FEDERAL REQUIREMENTS This Agreement is funded in whole or in part with federal grant money. The following conditions apply to this Agreement and any future amendments in addition to all other Agreement terms. All applicable requirements of TCEQ's federal grants and with 40 CFR Chapter 1, Subchapter B, including but not limited to, Parts 7, 31 through 35, as well as any additional federal funding conditions that arise during the Agreement period, are incorporated herein by reference. (TCEQ will provide copies of applicable federal grants or regulations upon request). The term 'PERFORMING PARTY" as used in these Federal Conditions means either PERFORMING PARTY, Grantee, or Contractor, as applicable. ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS A nonexclusive, perpetual, irrevocable license to use, copy, publish, and modify any intellectual property to which rights are granted or assigned to TCEQ in this Agreement 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 Agreement. ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT The PERFORMING PARTY shall acknowledge the financial support of the TCEQ and the U.S. DHS whenever work funded, in whole or part by this Agreement is publicized or reported in news media or publications. All reports and other documents completed as a part of this Agreement other than documents prepared exclusively for internal use within the TCEQ, shall carry the following notation on the front cover or title page PREPARED IN COOPERATION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND U.S. DEPARTMENT OF HOMELAND SECURITY The preparation of this report was financed through grants from the U.S. Department of Homeland Security through the Texas Commission on Environmental Quality. ARTICLE 4. COST AND PRICE OF THIS AGREEMENT If this Agreement 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 22 of 57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number. 582-13-30017 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 40 CFR §§ 31 32 through 31.33. ARTICLE 6. RECORD DOCUMENTS, DATA, RECORDS, ACCESS, AND AUDIT 1. The Federal Government and its agencies will have the same rights of access to records as are granted to, assigned to, or reserved by the TCEQ under this Agreement. The PERFORMING PARTY shall maintain fiscal records and supporting documentation for all expenditures of funds pursuant to Office of Management and Budget (OMB) Circulars A- 21, A-87, A-102, or A-110, as appropriate. 2. In accordance with OMB Circular A-133, the PERFORMING PARTY shall obtain a single audit if it expends $500,000 or more a year in federal awards. ARTICLE 7. SUSPENSION AND DEBARMENT 1. PERFORMING PARTY shall fully comply with Subpart C of 2 CFR Part 180, entitled 'Responsibilities of Participants Regarding Transactions Doing Business With Other Persons." PERFORMING PARTY is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. PERFORMING PARTY is responsible for further requiring the inclusion of a similar term o r condition in any subsequent lower tier covered transactions. PERFORMING PARTY acknowledges that failing to disclose the information required under 2 CFR 180.335 may result in the delay or negation of this agreement or pursuance of legal remedies. 2. PERFORMING PARTY may access the Excluded Parties List System at htto //www.eols.ciov. ARTICLE 8. DISADVANTAGED BUSINESS ENTERPRISES (DBEs) 1. The PERFORMING PARTY shall not discriminate on the basis of race, color, national o rigin or sex in the performance of this contract. The PERFORMING PARTY agrees to comply with the requirements of EPA's Program for Utilization of Minority and Women's Business Enterprises (MBE/WBE) as found in 40 CFR Part 33 Failure by the PERFORMING PARTY to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 2. PERFORMING PARTY agrees that qualified DBEs shall have the maximum practicable o pportunity to participate in the performance of the Work required under this Contract through possible subcontracts to carry out portions of the Work or any goods and/or services procurements that directly support the required Work. 3. The PERFORMING PARTY is required to make a good faith effort to include Historically Underutilized Businesses (HUBs) or DBEs on any solicitations for subcontractors and for suppliers (vendors) of contract -required goods and/or services. Records documenting compliance with the six good faith efforts found in 40 CFR § 33.301 shall be retained 4. PERFORMING PARTY must submit a completed HUB Progress Assessment Report (PAR) or the EPA Form 5700-a (if a HUB Subcontracting Plan (HSP) is not required) with each 23of57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 reimbursement request submitted. At a minimum this report shall include the name of the HUB or DBE, a description of the work, services or materials provided the amount paid to the HUB or DBE, and the name and telephone number of a contact person within the HUB or DBE. 5. Before terminating a DBE for convenience, the PERFORMING PARTY must notify TCEQ in writing for prior approval. 6. If a DBE subcontractor fails to complete work, for any reason, and the PERFORMING PARTY plans to procure a replacement subcontractor, the PERFORMING PARTY must demonstrate the same good faith effort to procure the replacement subcontractor 7. The PERFORMING PARTY must pay its subcontractors for satisfactory performance no more than 10 days from the PERFORMING PARTY's receipt of payment from TCEQ. 8. TCEQ requires PERFORMING PARTY to complete the following forms: a. The PERFORMING PARTY shall provide the attached DBE Subcontractor Participation Form, 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 for Region 6. b. The PERFORMING PARTY must have its DBE subcontractors complete Form 6100-3, DBE Program Subcontractor Performance Form. c. The PERFORMING PARTY must complete and submit Form 6100-4, DBE Program Subcontractor Utilization Form. d. PERFORMING PARTY must submit forms 6100-3 and 6100-4 to TCEQ HUB Office prior to contract award. When the agency requires a HSP, the completed HSP and supporting documentation must be included with the proposal/bid; otherwise proposal/bid shall be deemed non -responsive for failure to comply with advertised specifications. ARTICLE 9. PROHIBITION USE OF FEDERAL FUNDS FOR LOBBYING AND LITIGATION 1. The PERFORMING PARTY agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The PERFORMING PARTY agrees that none of the funds paid under this Contract will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. When PERFORMING PARTY applies for final payment, PERFORMING PARTY will certify on a written form provided by the TCEQ that PERFORMING PARTY has complied with this provision. 2. In accordance with the Byrd Anti -Lobbying Amendment any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. 3. The PERFORMING PARTY shall submit to the TCEQ to Certification Regarding Lobbying form. 24 of 57 Contract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582 13 30017 ARTICLE 10. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING 1. In accordance with 2 CFR Part 25 entities that receive subawards from TCEQ that are funded wholly or partially with federal funds must (1) be registered in the Central Contractor Registration (CCR) prior to submitting an application or plan or entering into an agreement; (2) maintain an active CCR registration with current information at all times while the application or plan is under consideration by TCEQ or during the term of the agreements and (3) provide its Data Universal Numbering System (DUNS) number in each application or plan it submits to TCEQ, unless an exemption applies. 2. No funds may be received or awarded until PERFORMING PARTY has complied with these requirements and provided a valid DUNS number. 3. Additionally, in accordance with 2 CFR Part 170, if certain elements are met, PERFORMING PARTY must report the total compensation for each of its five most highly compensated executives for the preceding completed fiscal year 4. The PERFORMING PARTY shall submit to the TCEQ the Federal Funding Accountability and Transparency Act Reporting Form ARTICLE 11. MISCELLANEOUS PROVISIONS 1 Drug -Free Workplace. The PERFORMING PARTY must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200-36.230. Additionally, in accordance with these regulations, the PERFORMING PARTY must identify all known workplaces under its federal awards and keep this information on file during the performance of the award. 2. In accordance with EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental Energy and Transportation Management (January 24, 2007), the PERFORMING PARTY agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 3. Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the PERFORMING PARTY agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). PERFORMING PARTY may search the Hotel -Motel National Master List at htto.//www.usfa.dhs.aov/aoolications/hotel/ to see if a property is in compliance, or to find other information about the Act. 4. Trafficking in Persons. Prohibition Statement. You as the recipient, your employees, subrecipients under this award and subrecipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time of the award; or used forced labor in the performance of the award or subaward under the award. a. TCEQ may unilaterally terminate this award, without penalty, if a PERFORMING PARTY that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement above; or (2) has an employee who is 25 of 57 Coritract Name. City of Fort Worth Whole Air Monitoring TCEQ Contract Number: 582-13-30017 determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement through conduct that is either (a) associated with performance under this award• or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, 'OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)", as implemented at 2 CFR Part 1532. The PERFORMING PARTY must inform TCEQ immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement above. b. TCEQ's right to terminate unilaterally that is described in previous section 4.a.: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to TCEQ under this award. Exhibit F Operations Security Procedures for the Bio-Watch Program 27 of 57 • • Exhibit F • Operations Security.Procedures for 'the Bio-Watch Program • •27 February 2003 • • • • 1. References: National Security Decision Directive (NSDD)•Nuinber 298; National • Operations Security Program; The White House, Washington D C ; Dated: January 22, 1988 • • • • • • • • • 2. Scope and Applicability: • This document describes the procedures necessary to protect information associated with the Bro-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 detailsabout sensitive information or undertakings. Application of the operations 'security (OPSEC) process promotes operational effectiveness by helping to prevent the • inadvertent compromise of sensitive government activities, capabilities or intentions. For Bio-Watoh, the information the public needs to know is that the program is a US . Environmental Protection Agendy nianaged air -monitoring program. Requests for additional program information need to be formally submitted to the tlS EPA, and if required, to the • Centers for Disease Control and Prevention (for laboratory issues) or the Department of Homeland Security (for other program*natic issues). • • • • • 3- Summary of Methbd • • • . The operations security process involves five steps. identification of sensitive information, • analysis of threats, analysis of vulnerabilities assessments of risks, and application of appropriate countermeasures. • The Bio-Watch process began with an examination of the total activity to determine what exploitable indicators could be pieced together to discern critical information. The mdicators '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 • 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 facilities, or only special venues or does not • • monitor h Nature of attacics that cannot 'be detected i. • Specific equipment or protocols used • • • 28 of 57 • • • • • • • • • • • • • • • • • • • • • • Exhibit F Analysis of threats a. ` Terrorists" • b. Environmental activists c, Disgruntledtemployees/disaffected/disrupter • • 6. Analysis of Vulnerabilities.. a. Detector location accessibility and lack of physical security b. Sabotage of filter when installedin collector, enroute, or at:lab for processing c. .Samplerresults and .subsequent.chain of.custody , . d.. Program associates (employees and those:knowledgeable of the program.)• • • • • • • • • • • • • • • • ) • • • • • • 7.. • Application of appropriate countermeasures • . • a. Physical•securtty • b. Tag names for cities • •c. , Data entry, .pro cessing, and.access password protected. • d. • •Sensitivity,•tto personnel.reliability •,:. , • • • •e. • Backa ound clearance checks :(National.Agcncy Check, or lobal background checks) f.• • Initial:OPSBC•training and'ani¢ual refresher•training • • • • • • • 8: Ultimately, responsibility for protecting the information associated• with the Bio-Watch . _ program rests with those associated with the program. No training. or policy dodument :can.address-every conceivable issue•that may arise. When an individnt encounters a 44 situation where they feel ;they need.giudance when questioned about the Bio-Watch .program, or how to handle ,requests fornformation, they:should refer ;the individual to the appropriate Department of Homeland,Sectirity representative. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 29 of 57 • • • • Exhibit G Department of Homeland Security Management Directive System MD Number: 11042.1 30 of 57 III 1. Purpose Exhibit G Department of Homeland Security Management Directive System MO Number: 11042.1 SAFEGUARDING SENSITIVE BUT UNCLASSIFIED (FOR OFFICIAL .USE ONLY) INFORMATION • 1.6.2006 • • 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, detailees, contractors, consultants, and others to whom access to information covered by this directive is granted. • 3. Authorities Homeland Security Act of 2002. 4. Definitions • 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 FOUO 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 31 of 57 Exhibit G perform or assist in a lawful and authorized governmental function, i.e., access is required for the performance of official duties. • • Organizational 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 PPCl1): 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 which protection is requested under the PC11 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 art education and awareness program for the safeguarding of FOLIO and other sensitive but unclassified information. B. Heads of DHS Organizational Elements will: 1. Ensure compliance with the standards for safeguarding FOLIO and other sensitive but unclassified information as cited in this directive. 2. Designate an official to serve as a Security Officer or Security Liaison. C. The organizational element's Security Officer/Secunty Liaison will: MD 11042.1 32 of 57 • • 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: 1, Be aware of and comply with the safeguarding requirements for FOUO information as outlined in this directive. 2 Participate in format classroom or computer based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information. 3. Be aware that divulging information without proper authority could result in administrative or disciplinary action E. Contractors and Consultants shall: Execute a DHS Form 11000-6, Sensitive But Unclassified Information Non - Disclosure Agreement (NDA), as a condition of access to such information. Other individuals riot 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 publicatron of this directive and not applied retroactively. 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 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 "sensitive information" as "any information, the Toss, 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 33 of 57 Exhibit 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 (CIO, 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 FOUO 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 reviewed on a case -by -case basis. • B. For Official Use Only Within DHS the caveat "FOR OFFICIAL USE ONLY" 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 of these and other approved caveats will be governed by the statutes sand regulations issued for the applicable category of information. C. Information Designated as FOUO 1. The following types of information will be treated as FOUO 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. MD 21042.1 • 34 of 57 Exhibit G • (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 FOUO 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. (h) Systems security data revealing the security posture of the system. For example threat assessments, system security plans, contingency 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 MD 11042.1 35 of 57 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 (DUO) ' In most instances the safeguarding requirements for this type of information are equivalent to FOUO. 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 FOUO 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 failing within one or more of the categories cited in section 6, paragraph C, as FOUO. Officials occupying supervisory or managerial positions are authorized to designate other information, not listed above and originating under their jurisdiction, as FOUO. • E. Duration of Designation Information designated as FOUO 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. F. Marking 1. 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 FOUO markings on materials does notrelieve the holder from safeguarding responsibilities. Where the FOUO marking is not present on materials known by the holder to be FOUO, the holder of the material will protect it as FOUO. 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 FOUO. (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 • 36 of 57 Exhibit G (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 ONLY (FOUO). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO 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 FOLIO 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 FOUO 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 official. (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 FOUO information will be marked with the abbreviation (FOUO). (f) Individual portion markings on a document that contains no other designation are riot required. (g) Designator or originator information and markings, downgrading instructions,and date/event markings are not required. G. General Handling Procedures Although FOUO is the DHS standard caveat for identifying sensitive unclassified information, some types of FOUO information may be more sensitive than others MD 11042.1 37 of 57 Exhibit G • and thus warrant additional safeguarding measures beyond the minimum requirements established in this manual. For example,certain types of 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. 1. 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 FOUO 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 • • 1. FOUO information will not be disseminated in any manner- orally, visually, or electronically - to unauthorized personnel. 2. Access to FOLIO information is based on "need -to -know" as determined by the holder of the information. Where there is uncertainty as to a person's 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 or transferring FOLIO information to another individual(s), ensure thatthe 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 I1042.I • 38 of 57 Exhibit 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) • 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. 8. 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. 9. 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 9. 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. 2. FOUO 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, Le 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 I I042.1 39 of 57 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) FOLIO 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) FOUO materials may be entered into an inter -office mail system provided it is afforded sufficient protection to prevent unauthorized access, e •g., sealed envelope. 2. Transmission to Overseas Offices: When an overseas office is serviced by a military postal facility, i.e., APO/FPO, FOUO may be transmitted directly to the office. Where the overseas office is not serviced by a military postal facility, 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 (1) FOUO information transmitted via email should be protected by encryption or transmitted within secure communications systems When this is impractical or unavailable FOUO may be transmitted over regular email channels. For added security, when MD 11042.1 40 of 57 Exhibit G • transmitting FOUO over a regular email channel, the information 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. (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 Internet/Intranet (i) FOUO information will not be posted on a DHS or any other Internet (public) website (il) FOUO 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 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 of the Privacy Act K. Destruction • 1. FOUO material will be destroyed when no longer needed. Destruction may be accomplished by: • (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. (b) Electronic storage media shall be sanitized appropriately by overwriting or degaussing. Contact local IT security personnel for additional guidance. (c) Paper products containing FOUO information will not be disposed of in regular trash or recycling receptacles unless the materials have first been destroyed as specified above. J MD 11042.1 .41 of57 Exhibit G L. Incident Reporting I. The Toss, compromise, suspected compromise or unauthorized disclosure of FOUO information will be reported. Incidents involving FOUO in DHS IT systems will be reported to the organizational element Computer Security Incident Response Center.in accordance with IT incident reporting requirements. 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 FOUO .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. Dated: l L (05 • oy, AD uty Secr: ary of Homeland Security • • MD 11042. z 42 of 57 Exhibit G • 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. • MD 11042.1 • 43of57 Exhibit H Department of Homeland Security Non -Disclosure Agreement Form 1100-6 44 of 57 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: IProtected 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: 1 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 natiorial 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 (FOLIO); Official Use Only (OUO); Sensitive Homeland Security Information (SHSI); Limited Official Use (LOU); Law Enforcement 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 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. • I understand and agree to the following terms and conditions of my access to the information indicated above: 1. 1 hereby acknowledge that I have received a security,indoctrination concerning the nature and protection of information to which I 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 1 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 I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement and the laws, regulations, and directives applicable to the specifi c categories of information to which I am granted access. 3. I attest that I understand my responsibilities and that 1 am familiar with and will comply with the standards for protecting such information that I may have access to in accordance with the terms of this 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 of ensuring compliance with the conditions for access, dissemination, handling and safeguarding information under this Agreement. DHS Form 11000-6 (08-04) • 45 of 57 EXHIBIT EH 4. 1 will not disclose or release any information provided to me pursuant to this Agreement without proper aghigkitH' or authorization. Should situations arise that warrant the disclosure or release of such information I will do so 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 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 I violate the terms andconditionsof 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. 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. (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. I understand that if I violate the terms and conditions of this Agreement, I 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 privileges or protections that they may assert in any administrative or court proceeding to protect any sensitive information to which I have been given conditional access under the terms of this Agreement. DHS Form 11000-6 (08-04) 46 of 57 • EXHIBIT H 11. Unless and until I am released in writing by an authorized representative of the Department of Homelan4, ,ity (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 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 Whistieblower 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 Government 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 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. 17. I 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. Typed/Printed Name. • • DEPARTMENT OF HOMELAND SECURITY NON -DISCLOSURE AGREEMENT Acknowledgement Government/Department/Agency/Business Address Telephone Number: I make this Agreement in good faith, without mental reservation or purpose of evasion. Signature: WITNESS: Typed/Printed Name. Signature: Government/Department/Agency/Business Address Telephone Number: 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) • • 47 of 57 Exhibit I TCEQ Financial Status Report Form 48 of 57 Financial Status Report 1. -STATE AGENCY ORGANIZATION TJNIT TO WHICH REPORT IS SUBMITTED: 2'. GRANT/CONTRACT TITLE: PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE) : TCEQ CONTRACT NUMBER: 6. FINAL YES NO REPORT: 7 ACCOUNTING CASH ACCRUAL BASIS: 8 TOTAL PROJECT/GRANT PERIOD: 9. TO PERIOD COVERED BY THIS REPORT: FROM TO 10. BUDGET Approved Project Cost Cumulative Balance CATEGORIES: Budget This Report Project Cost a.Personnel/Salary b.Fringe Benefits c.Travel d .supplies e.Equipment f .Contractual g .Construction h .Other 1.Total Direct Costs (Sum a h ) j.Indirect Costs II k.Total (Sum of i & 3) *List (Itemize) on the appropriate supplemental form all the total for each of these categories. P lease attach receipts, as required, in accordance with Attachment B of your contract. **Negative balances in any of the budget categories should be explained in a brief accompanying narrative. 11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set f orth in the award document. ** S ignature of Authorized Certifying O fficial Typed or Printed Name and Title Ieelephone (Area code, number and xt.) ` component expenses comprising Date Submitted 49 of 57 ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this re port period) NUMBER ITEM DESCRIPTION UNIT TOTAL PURCHASED (Should match description COST COST provided for approval) TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form $ 269a) TASKS CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) I FOR I COST (THIS PERIOD) TOTAL CONTRACTUAL EXPENDITURES (must agree with line 10f on Form 269a) $ TASKS * LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. 50 of 57 ITEMIZATION OF CONSTRUCTION COSTS (CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE TOTAL CONSTRUCTION EXPENDITURES (must agree with line 109 on Form 269a) COST (THIS PERIOD) *LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. TASKS 51 of 57 ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER ITEM DESCRIPTION PURCHASED (Should match description provided for approval) UNIT TOTAL COST COST TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 269a) $ OTHER EXPENDITURES (during this report period) NUMBER PURCHASE D DESCRIPTION TASKS 1 UNIT TOTAL TASKS COST COST TOTAL OTHE t EXPENDITURES (must agree with line 10h on Form 269a) $ *LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. 52 of 57 ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS PERSONNEL/SALARY EXPENDITURES (during this report period) • EMPLOYEE NAME 1 TITLE/POSITION TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 269a) TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON TOTAL TRAVEL EXPENDITURES (must agree with line 10c on Form 269a) SALARY (THIS PERIOD 1 TASKS COST (THIS PERIOD TASKS • * SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM 53 of 57 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 twenty-one (21) days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters (September -November; December -February, March -May; June -August). Each Financial Status Report shall indicate for each budget sub -category the PERFORMING PARTY'S project expenditures for the period in question the cumulative expenditures with respect to each budget sub -category, and the balance remaining in each budget sub -category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the "Equipment' or "Contractual" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-1, legible documentation that (1) serves to further identify the specific piece of equipment received or the services provided, (2) clearly identifies the vendor or subcontractor who provided the equipment or services, and (3) that confirms the reimbursable amount listed on the form. In the case of equipment purchases, the attached documentation shall be either a purchase order marked "received/paid" or a vendor -submitted invoice similarly marked. In the case of subcontractor provided services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices 3. All requests under this Contract for the reimbursement of expenditures that fall within the "Construction" category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-2 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-2 legible documentation that (1) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services and (3) that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked "received/paid' or an invoice similarly marked. In the case of subcontractor provided construction services the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 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 or satisfy. In addition, for any single -listed item or service costing more than $500, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a-3, legible documentation that (1) serves to further identify the specific items or services, (2) clearly identifies the vendor or subcontractor who provided the items or services, and (3) that confirms the reimbursable amount listed on the form. Although issued purchase orders and/or invoices marked 'received/paid' represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 5. All requests for reimbursement of expenditures that fall within either the "Personnel/Salary" or "Travel" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-4 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 269a-4 with respect to reported "Personnel/Salary" expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, all costs listed on Form 269a-4 must be supported by attached documentation that identifies the name of the traveler s and that substantiates the reported reimbursable costs Documentation for the purpose of substantiating travel -related costs, includes the following. (1) legible copies of the PERFORMING PARTY -approved travel vouchers, signed by the employees who traveled, and (2) for any travel -related expenses under this contract borne directly by the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required) separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify in relative cost order the various tasks or objectives supported. 54 of 57 HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report 1 UiaY I/li1!i Contract/Requisition Number: (a) Contracting Agency/University Name: (d1) (d21 Contractor (Company) Name: (e) Point of Contact: (g) Reporting (Month) Period: (i) 1 1 pa • Date of Award: (b) (mm/dd/yyyy) State of Texas VID #: (f) Phone #: (h) Total Amount Paid this Reporting Period to (j) • Ill Object Code: Report HUB and Non -HUB subcontractor information Subcontractor's Name (k1) Subcontractor's VID or (IQ) Signature• *Note: HUB certification status can be verified on-line at: `Texas HUB Certificate Number Certified HUB? (Yes or Nn1 (I) Total Contract $ Amount from HSP with Subcontractor (m) Total $ Amount Paid This Reporting Period to Subcontractor Total Contract $ Amount Paid to Date to Subcontractor Title: Date: http://vwvw2.cpa.state.tx.us/cmbl/hubonly.html c (Agency Use only) Object Code (Agency Use only) (P) Rev. 10/07 566of57 NIP ANN Texas Commission on Environmental Quality Historically Underutilized Business (HUB) Instructions for prime contractors on how to fill out the Progress Assessment Report a— (PAR) form. (a) Contract/Requisition Number: enter your contract number, for example: 582- 13-XXXXX (b) Date of Award: enter award date of contract. (c) Leave this blank; agency to fill-in. (d1) Contracting Agency/University Name: enter Texas Commission on Environmental Quality (d2) Enter Work Order number (example 228-0123,) and Invoice Number (e) Contractor (Company) Name. enter your company name as stated in the Contract (f) State of Texas VID#: Prime contractor Vendor Identification Number (g) Point of Contact: enter company s representative (h) Phone#: enter point of contact phone number, start with area code (xxx-yyy- zzzz) or your 1-800 number (i) Reporting (month) period: enter invoice service period (j) Total amount paid this reporting period to prime -contractor: Include lump sum of all totals paid to prime contractor and all sub -contracting for this invoice period. This should equal in sum to the prime contractor invoice. (k1) Subcontractor's name. list all your subcontractors. This will include all HUB and non -HUB Subcontractors listed on the HUB Sub -contracting Plan, HSP. (k2) Subcontractor's VID (I) Texas Certified HUB? (Yes or No): enter YES if the subcontractor is an Active HUB (m) Total Contract $ Amount from HSP with Subcontractor: enter the amount from HSP, by multiplying the percentage goals with your Contract Amount. This amount will be the same throughout the life of the Contract, unless an amendment has taken place. (n) Total $ Amount Paid This Reporting Period to Subcontractor: enter the participation amount from Subcontractor for this invoice only (o) Total Contract $ Amount Paid to Date to Subcontractor enter the total amount for this subcontractor invoicing from the initiation of this contract. (p) Leave this blank; agency to fill-in. If you have any questions please feel free to contact the TCEQ HUB office at 512/239- 1273. 57 of 57 M&C Review CITY COUNCIL AGENDA DATE: Page 1 of 2 Official site of the City of Fort Worth, Texas FORT ToR7r COUNCIL ACTION: Approved on 7/10/2012 - Ordinance No. 20270-07-2012 II Ili III I Ili IIIIIIIli1,1 7/10/2012 REFERENCE NO.: **C-25695 LOG NAME: CODE: C TYPE: SUBJECT: PUBLIC HEARING: Authorize Execution of an Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the Amount of $348,624.00 for the Operation of Local Air Pollution Monitors, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) 20TX COMM ENVIR QUALITY _BIO_2013 RECOMMENDATION: It is recommended that the City Council: CONSENT NO 1. Authorize the execution of an Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the amount of $348,624.00 for the contract period September 1, 2012 through August 31, 2013; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $348,624.00 in Fiscal Year 2012-2013, subject to receipt of an executed contract; and 3. Apply indirect cost at the rate of 21.48 percent in accordance with the terms of the Intergovernmental Cooperative Reimbursement Contract. DISCUSSION: This Agreement will require the City to operate the local air pollution monitors to include retrieving the sampling data, sending it for analysis and performing regular audit and maintenance activities on the equipment. The contract period will be September 1 2012 through August 31, 2013 with a not to exceed amount of $348,624.00 for reimbursement of expenses to the City of Fort Worth with the option to renew the Agreement for two additional one-year periods upon written consent of the parties by an amendment to this Agreement. In 2003, the United States Environmental Protection Agency launched a new whole air monitoring network and designated the Texas Commission on Environmental Quality (TCEQ) 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. This Agreement will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 2) GR76 451543 020412374000 $348.624.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=16986&councildate=7/10/2012 9/18/2012 iVti&C Review 2) GR76 5 (VARIOUS) 020412374040 $348.624.00 Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael Gange (6569) ATTACHMENTS 20TX COMM ENVIR QUALITY BIO 2013 A012.doc Page 2 of 2 http://apps.cfwnet.org/council packet/mc review.asp?ID=16986&councildate=7/10/2012 9/18/2012