The URL can be used to link to this page

Home My WebLink AboutContract 45912-E2 (2)}} C ACT ill /02 e f • CITY OF FORT WORTH — PM2. 5 CONTRACT NUMBER 582 45m50040 cAti \fel AMENDMENT # 2 The Texas Commission on Environmental Quality ("TCEQ") hereby amends Contract #582-15- -50040 with the City of Fort Worth ("PERFORMING PARTY") to extend the expiration date of the Contract by go days. General Terms and Conditions, paragraph 1.3 gives TCEQ the right to issue this unilateral extension. 1. The Term of the Contract is extended to November 29, 201.5. All other conditions and requirements of Contract Number 582-15-5oo4o remain unchanged. TCEQ: Texas Commission on Environmental Quality By: JTT)c-CAT,Nor1/4 (Signature)75 Patricia De La Cruz (Printed Name) Manager. nbient Monitorinw Section (Title) --97JVLC (Date Signed) SCANNED • ar le so contract fmtharigatAon 11+ g Le Date OFFICIAL RECORD CITY SECRETARY Tr. WORTH, TX Ordinance No.21400 08 2014 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $36,101.67, FOR THE PURPOSE OF EXECUTING AN INTERGOVERNMENTAL COOPERATIVE REIMBURSEMENT AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE PERIOD OF SEPTEMBER 1, 2014 THROUGH AUGUST 31, 2015; MAKING THIS ORDINANCE CUMUI.JATIVE OF PRIOR ORDINANCES REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DAZE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WOTH, 1hXAS: 1 SECTION 1. f That in addition to those amounts allocated to the various City depat iuuents for Fiscal Near 2014-2015 in the Budget of the City Manager, there shall also be increased estimated receipts and approriations in the Grants Fund in the amount of$36,101.67, for the purpose of executing an Intergove 1 ental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quail. for the period of September 1, 2014 through August 31, 2015. SECTION 2. That should any portion, section or part of a section of this ordinance be declared iI valid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, Which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 20952-09-2013 and all other ordinances and appropriations amending the same except in those instances where the provisions o'this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: vc Assistant City Attorney Mary J. Kayser/ ! • 1 1 1 CITY SECRETARY ADOPTED AND EFFECTIVE' August 26.2014 0 WHITE SETTLEMENT J a U cc 1JJ a 2 V - HARROLD •B) DAKOT\ f — KANSAS * PM 2.5 Monitor Station City of Fort Worth ter a Ce L y�yost �s°ti TRANKLIN co 5 0 ce O k 0 W00DWARD- i 1 PM 2 5 Monitor Station 500 1,000 1,500 2,000 Feet I base map: CITY OF F?RT WORTH GIS City of Fort Worth, Texas Mayor and Council Communication Y COUNC.ILACTIONs A o.pi** on 8/26.12014J idititi a No 24400=08=204.4 ;. x:I DATE: Tuesday, August 26, 2014 REFERENCE NO. "C-26930 LOG NAME: 20TCEQ PM2.5 FY15 SUBJECT: Authorize Execution of an intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality in an Amount Not to Exceed $36,101.67 for the Operation of Local Air Pollution Particulate Emission Monitoring Sites and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality for the period of September 1, 2014 through August 31, 2015 with an amount not to exceed $36,101.67; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $36,101.67 in Fiscal Year 2015, subject to receipt of an executed contract; and 3. Apply indirect cost at the most recently approved rate of 21.48 percent for the Transportation and Public Works Department. DISCUSSION: In 1998 the United States Environmental Protection Agency (EPA) revised its m aasurement standards for Particulate Matter (PM) emissions into the atmosphere. Since Fiscal Year 1999 2000 the Texas Commission on Environmental Quality (TCEQ) has contracted with the City for operation and maintenance of the monitoring equipment provided by the TCEQ for three PM nj onttoring stations. The location of each station is as follows: 1 Haws Athletic Center 600 Congress Street Arlington Municipal Airport 5000 South Collins Street 2 monitors 1 monitor The City is responsible for retrieving the sampling filters and data, sending filte I and data for analysis and performing regular audit and maintenance activities on the equipment under the terms of the contract. The Agreement period begins September 1, 2014 and ends August 31, 2015, with a limit of $36,101.67 for reimbursement of expenses to the City of Fort Worth with the option to renew t le Agreement for three additional one-year periods upon written consent of the parties by an Amendm ant to this Agreement. The Haws Athletic Center monitors are located in COUNCIL DISTRICT 2. Logname: 20TCEQ PM2.5 FY15 Page 1 of 2 1 FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of grant funds and adoption of the attached appropriation ordinance funds) will be available in the current operating budget, as appropriated, of the Grants Fund. Funds will be reimbursed by grantor after expenditures are made. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 2) GR76 451543 020412744000 $36.101.67 2) GR76 5(VARIOUS) 020412744010 $366101.67 j CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Doug Wiersig (7801) Michael Gange (6569) Logname: 20TCEQ PM2.5 FY15 Page 2 of 2 • rn c-� en egc rri cfirt 4'. • el CITY SECR' CONTRACT NOt • T zas Cpsixittission mix litnyiromxtentfil Quaix Cot eva:Liv t 1tSinbtci sere n t •Co»tvita for State Aoxicies rind LOcal Govtdrinnbuts CONTRACT SIGNATURE Lwit'a 4am t ,`t)nt`a tst:fltitateo Perfoaxtxb*.Patty: z=atmens P4Ityldieriatcatioz Nulitbz IttiurimnrnSixt o izeiL h tiblutemeiits Effteoti't'(T1a: , ® Septemor :co* vitat'ort i xel'e: El su tist 5x, o4xa tl 7P000104,11214 Multr@qxxeg iros mgteh n flvackst Ott of POrt Worth PIVSP.S Ctfy of Rock Worth x766oOQ y2i36 41 0vx4G7 ❑ We Gflturt.rtgaatam ❑ Lust day animalTwit itt tiolytte Contract was s# ad metaguiome at: f1LtEitlk ti,thisCU11t etisfuntt',la le ratipines. Oranttu ba't �fi3�I Mena Goat; 1uutYlbar; 111VikocaProw, 'i'hig Contract kontorcriurtdr (;]• Oov't code uh. 772 0 Gov't Code tth. 797. D Water Cods 5424 'P1saTiminstarnmisafondx tzviszynritetrtnl(Te.E0 .an stay &•the L' bcitri;nq)duct theuttm 7)0Spnitrgtttsty1aatgiO tigef ry orloot}t tove>Lfi itent.oftho.Stateb'tt't'atItes sifter 1 s ttgt'eoment CConttat l3 ucsoperativ) egpdugt aetl al .etl,govetntu tCtl futtetinns doffs/Men vndbr *ski% Ofigto8te,te (fTexm Tito Pat tea greens gb1folyet ,(£) it) be effeelivoo tin) Contrast metals is signed by to mflhorixgd t1#lnial ulftlte'PCEQ and the i t*orintvg Pa$' '1(hYlfiis'Conttnot annmtstEi of aft t\oetl»2aatsM eci11ed tsa the het of l onfra&llkauimnts following tie Bum mad (c) !ts autbonzild byTCI1tQ,sodas'iniugNay willcdwgtContenetSciivitie:te•paf•of1tvDulaAnthortizedgowi'iurtontul, nationeRad7ta40.wk11 xeip?tuna}dluwnbldQosts subject to the Textw tfnirntttromit ttinu5wueut Ptt(n8aid8 (UI MS}.110a this °mzitt'a 1, tux Cortnaisstexx /} O1t r l'lks:d Worthftviro unea ftt Wavy :tit . '6ztuani ari, ' • /ewe iutorz $igiaitute • Xilaxtl tr. Chum. ea'1RtedlWarne 3)11:octoor, Montioring.Divieioa Ok Meat & Gtslitt;MO onifittVe 1 vi C CS 0-411 • rilatdd Niue$ / rick /l11 /kik= io4Q OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ary J: l'�yser, iiyA. • et TA SO Contract Authorization $-1-1t1 A309$40000644414-0n, Anthorwidannime siMarilio , ',oMt . Irmo Asa istaut 10' <!ttasex Stio its APeaovnp AO TO Mg AND tilGA4ITY 4.44 4, 1/4 attt ihiAttwtilay,�l i&lgsy t ,Siftf e- �,;t. m, �. y.,. t,. ,.f, [. ,.. z,, "War 40\ 00° * a entgotro ottfi;FP1411Z6 • Date e • CONTRACT DOCUMENTS LIST Cooperative Reimbursement Contract for State Agencies and Local Governments This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page and marked by an "X.' Documents on. this list include all amendments. In the event of a conflict of terms the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions if any, All Contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules and regulations. /:1 Contract Signature Page Contract Documents List (this page) Special Terms and Conditions Federal Section (Including Federal Conditions and Completed Forms) Scope of Work General Terms and Conditions Cost Budget Notices, Project Representatives and Records Locations 582-15-50040 • • Page 2 of 39 City of Fort Worth PM2.5 SPECIAL TERMS AND CONDITIONS The Term of the Contract shall commence on September 1 Zo14, or the date of last Contract Signature, whichever is later, and continue through August 31, 2015. This Contract maybe renewed for three (3) one-year periods upon mutual written agreement between both Parties. 'i he same Contract requirements apply to a renewal period and any extension as apply to the Contract period. 2. Pricing must be firm for the term of the Contract. 3. TCEQ reserves the option to add or subtract like items or services to this Contract at the same price rates, as set forth in the Schedule of Payments, during the period of the Contract including any renewals or extensions. Line item quantities hsted are the TCEQ's best estimate and actual quantities will be m accordance with requirements during the Contract period and any exercised renewals or extensions. 582-15-50040 Page 3 of 39 City of Fort Worth PM2.5 • Federal Conditions and Forms ARTICLE 1. FEDERAL REQUIREMENTS This Agreement is funded in whole or in part with federal grant money. All applicable requirements of TCEQ's federal grants; 40 Code of Federal Regulations (CFR) Chapter x, Subchapter B, including but not limited to, Parts 7, 31 through 35; and any additional federal funding conditions that arise during the Agreement period, are incorporated herein by reference (TCEQ will provide copies of applicable federal grants or regulations upon request) The term "Performing Party" as used in these Federal Conditions means either Performing Party, Grantee, or Contractor, as applicable. ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS A royalty -free nonexclusive, and irrevocable license to use, copy, publish, and modify any intellectual property to which rights are granted or assigned to TC1.Q in this Agreement are also granted to assigned to, or reserved by the Federal Government. ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT • The Performing Party shall acknowledge the financial support of the TCEQ and the U.S. EPA whenever work funded, in whole or part, by this Agreement is publicized or reported in news media or publications. All reports and other documents completed as a part of this Agreement, other than documents prepared exclusively for internal use within the TCEQ, shall carry the following notation on the front cover or title page: PREPARED IN COOPERATION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND U.S. ENVIRONMENTAL PROTECTIONAGENCY The preparation of this report was financed through grants from the U.S. Environmental Protection Agency through the Texas Commission on Envirorunental Quality. If the funding source is a U.S. agency other than U.S. EPA, the name of the appropriate federal agency should be substituted. ARTICLE 4, COST AND PRICE OF THIS 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 4o Ck1t § 31.36. This information must be submitted on the Cost or Price Summary Format form found below. ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY. MANAGEMENT SYSTEMS 1. Performing Party shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with 4o CFR § 31.2o. 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 4o 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 -no, as appropriate. 582-15-50040 Page 4 of 39 City of Fort Worth PM2.5 • 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 DEBARf<9ENT 1, Performing Party shall fully comply with Subpart C of 2 CFR Part 18o, 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 18o, entitled "Covered Transactions " includes a term or condition requiring compliance with Subpart C. Performing Party is responsible for further iequiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Performing Party acknowledges that failing to disclose the information required under 2 CFR x80.335 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 )ittn://www.epls.gov. ARTICLE S. DISADVANTAGED BUSYNESS ENTERPRISES (DBEs) 1. The Performing Party shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract The Performing Party shall carry out applicable requirements of 4o CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the Performing Party to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies 2. Performing Party agrees that qualified DBEs shall have the maximum practicable opportunity to participate in the performance of the Worlc 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 Section 33.3oz shall be retained. 4, Performing Party must submit a completed HUB Progress Assessment Report (PAR) or the EPA Form 57o0-a (if a HUB Subcontracting Plan (HSP) is not required) with each reimbursement request submitted At a minimum this report shall include the name of the IIUB 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 xo days from the Performing Party's receipt of payment from TCEQ. 8. The Performing Party must 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 mstructions 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 61oo 3, DBE Program Subcontractor Performance Form. c. The Performing Party must complete and submit Form 61oo-4, DBE Program Subcontractor Utilization Form. 582-15-50040 Page 5 of 39 City of Fort Worth PM2,5 • d. Performing Party must submit forms 61oo-g and 6100-4 to TCEQ 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 ON USE OF FEDERAL FUNDS FOR LOBBYING AND LITIGATION 1. The Performing Party agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The Performing Party agrees that none of the finds 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 $io,000 and not more than $xoo,000 for each such expenditure. 3. The Performing Party shall submit to the TCEQ to Certification Regarding Lobbying form. 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 (x) be registered in the Central Contractor Registration (CCR) prior, to submitting an application or plan or entering into an agreement; (2) maintain an active CCR registration with current information at all times while the application or plan is under consideration by TCEQ or during the term of the agreement; and (3) provide its Data Universal Numbering System (DUNS) number in each application or plan it submits to TCEQ, unless an exemption applies. 2. No funds may be received or awarded until Performing Party has complied with these requirements and provided a valid DUNS number. 3. Additionally, in accordance with 2 CPR 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 4o CFR 36.200- 36 23o Additionally, in accordance with these regulations, the Performing Party must identify all lcn.own 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 x3423, Strengthening Federal Environmental, Energy and Transportation Management (Janu-try 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. 582-15-50040 Page 6 of 39 City of Fort Worth PM2.5 • • 3. Pursuant to 4o 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 loi-391, as amended). Performing Party may search the Hotel -Motel National Master List at http://www.usfa.dhs.aov/applications/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 • 582-15-50040 a. TCEQ may unilaterally terminate this award, without penalty, if a Performing Party that is a private entity: (i) is determined to have violated an applicable prohibition in the Prohibition Statement above; or (2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement through conduct that is either (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 18o, "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 : (i) implements section io6(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U S.C. 71o4(g)), and (2) is in addition to all other remedies for noncompliance that are available to TCEQ under this award. Page 7 of 39 City of Fort Worth PM2.5 • fr • AA units Stuns RrthrenmetS1 firotatiun Agency EPA Project Control Number CERTIFICATION REGAF DXNG LOBBYING CERTIFICATION FOR. CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated :funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Influence .an officer or employee of any agency, a Member of Congress, en officer or erployee of Congress, oh an employee -of a Member of Congress in connection with the awarding ofany Federal contract, the making Of any Federal grant; the making ashy Federal ioan, The entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or :mbdiffcatibn of any Federal centred, grant, loan; .or cooperative agreements {2) If any funds.other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member bf.Congress, .an officer or•employee of Congress, or an employee of a Member of congress in .connection with this Federal contract, grant,. loan, or cooperatibe agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure cif Lobbying Activities,° In accordance with its instructions (3) The undersigned shall require that the language of this certification be included in the aWard docurnerrts for all Sub -awards at all tiers (Including sub -contracts, sub -grants, contracts under grants, loans,. and cooperative agreements) and that -all sub -recipients shall cettify and dfsclgsa accordingly. This certification is material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Ise prerequisite for making or entering Into this transaction imposed by section 1352, title 31 U.5 Code. Any person who falls to file the required certification shall the subject to a civil penalty of not less than $10;000 and not More than $100,000 for each such failure APPLICANT'S ORGANIZATION City of. Fort Wotth Fe..tnnndo Cnst_n Typed Name of Authorized Representative Signature of Authorized Representative 682-15-80040 1 AFPIt OVUD Ana root AND LLGALTt'Y Assistant City Affotney A t'iiu /its Assistant City Ilen4ar Title of Authorized Representative 8 % 2 i1//1 bate of5ignature Page 8 of 39 city of Fart Worth PM2S DtsCLOS1uRE OF LOBBYING ACTIVITIES Approve(' by OMB 0844046 complete this form to 'disclose lobbying activities pursuant to 31 U,S,C. 135g (See reverse for public burden disclosure.) a., Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. Contract I a. bld/offer/application •a. initial filing b, grant I b J b, Initial award I a l b. material.change c.. cooperative c, post -award agreement' For Material Change Only: d. loan year, quarter e. loan guarantee .date of last report 1!. Loan insurance. -4. Name and Address of Reportitllg Entity: 5. If Reporting Entity in NO.4 is a Subewardee, Enter Name -and Address of Prfkn r-i'e: EjPrime t Sitbawardee Texas Coramis.»ioyx man Erv'jroziment t Quality Tier . , "(known: 12100 Park 35 Circle; Austin TX 78753 City of Fort Worth i000 Thfr'ockmorton ;Street rt Worth TX 76102 Congressional District, if known: 6. Federal Department/Agency: US ntttonme±itai Protection Agency Congressional District, !tknown: 7. Federal Program..Name/Description: CFDANumber, ifapplfcabte: 66.034 11, Pesterai Action Number, ifMOM: 9- Award Arviourlt, lfknown: S36,101.67 .10. a. Name and.Address of lobbying Registrant (If Indivtdualtiast name, first name, N1X)1 tfone b. xndividuals performing Services (including address.? different from No, 10a) (last name, first name, MI); NIA a1. Infarrnetton,requested through this form s qutlr4ttfed by lItle 31 U,S.c. $�>�natUYE' J section 1352. This disc osure of 'lobbying activities is a. material ±� e+.�w reptesentation of fact span Which reliance Was placed by the tier abeve- Wlipti trot transaction- Was made or entered intoo This disclosure lg Print Name..Ferttando Costa required pursuant to 31 U.S.C.1352; This tnfarniatlen will be reported to the Congress setgl-hrinudlty and will be `available !Or pubilt inspectdn. T1tIe ARRtatAnit di f v 2vfat7a txt?r Any person who Yetis to rite the -required disclosure shall be subjoct to a t do permit? of not'too than lied® anal. nor More Cheri $200,000 rose Telephone No,: •(f3 39""6Z22 Date; � � �a each itch failure,p •„::__., :• • a_• _.__ .; ;: � •..,—,: r.. •:••• - _ - - - .Authorized for Local RenroduEtlott :•... :.. . il... — •••Standard Forri LLL Re Y. 1$ 882-15-.50040 APPROVE AS TO FORM AND LEGALITY: Page 9 of 39 City of Fort Worth PM2,5 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the Initiation or ecelpt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the Implementing guidance published by the Office of Management and Budget For additional Information. i. Identify the type of covered Federal action for which lobbying activity Is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter In which the change occurred. Enter the date of the last previously submltted'report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates If It is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, If known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, If known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments 8. Enter the most appropriate .Federal Identifying number available for the Federal action Identified in Item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant,. or loan award number; the application/proposal control number assigned bythe Federal agency). Include prefixes, e.g., "RFP-DE-90-0O1." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal mount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the roll name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified to item 4 to influence the covered Federal action, (b) Enter the full names of the Individuals) performing services, and Include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no personsare required to respond to a collection of information unless It displays a valid OMB Control, number. The valid OMB control number for this information collection Is OMB No. 0348-0046. Public reporting burden for this collection of Information Is estimated to average 10 minutes per response, Including time for reviewing Instructions, searching existing data sources, .gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions for reducing thls burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046); Washington, DC 20503. 58245-50040 • Page 10 of 39 City of Fort Worlh PM2.5 1 `� Envi ronmental e United Stela En ironma es Protection Agency OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires' 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form This form is intended to capture the prime contractor's actual and/or anticipated use of identified certified DBE1 subcontractors2 and the estimated dollar amount of each subcontract. An EPA Financial Assistance Agreement Recipient must require its prime contractors to complete this form and include it in the bid or proposal package. Prime contractors should also maintain a copy of this form on file. Prime Contractor Name Bid/ Proposal No. Address Telephone No. Issuing/Funding Entity: Project Name Assistance Agreement ID No. (if known) Email Address I have identified potential DBE YES certified subcontractors If yes; please complete the table below. If no, please explain: Point of Contact NO Subcontractor Name/ Company Address/ Phone/.Email Est. Dollar Currently Company Name Amt DBE Certified? Continue on back if needed 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2 Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-4 (DBE Subcontractor Utilization Form) 582-15-50040 Page 11 of 39 City of Fort Worth PM2.5 fi • • United States ItoEpA Environmental Protection Agency OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. 1 am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contractor Signature Print Name Title Date • The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T),1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA FORM 6100-4 (DBE Subcontractor Utilization Form) 582-15-50040 Page 12 of 39 City of Fort Worth PM2.5 EpAUnited States �L+ NM.�Environmental Protection Agency OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form This form is intended to capture the DBEs subcontractor's2 description of work to be performed and the price of the work submitted to the prime contractor. An EPA Financial Assistance Agreement Recipient must require its prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime contractors bid or proposal package. Subcontractor Name Bid/ Proposal No. Address Telephone No. Prime Contractor Name Project Name Assistance Agreement ID No. (if known). Email Address Point of Contact Issuing/Funding Entity: Contract Item Number Description of Work Submitted to the Prime Contractor Involving Construction, Services , Equipment or Supplies DBE Certified By: DOT SBA Other: Price of Work Submitted to the Prime Contractor Meets/ exceeds EPA certification standards? YES _ NO Unknown i A DBE is a Disadvantaged, Minority, or woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entitles that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2Subcontractor is defined as a company, firm, joint venture, or individual who enters Into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance, EPA FORM 6100-3 (DBE Subcontractor Performance Form) 582-15-50040 Page 13 of 39 City of Fort Worth PM2.5 AUnited States 0' Environmental Protection Agency • OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contractor Signature Print Name Title Date Subcontractor Signature Print Name • Title Date The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T),1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA FORM 61.00-3 (DBE Subcontractor Performance Form) 582-15-50040 Page 14 of 39 City of Fort Worth PM2.5 &AEnvt,ronmental Protection Agency OMB Control No: 2090-0030 Approved: B/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Participation Form An EPA Financial Assistance Agreement Recipient must require its prime contractors to provide this form to its DBE subcontractors. This form gives a DBE1 subcontractor2 the opportunity to describe work received and/or report any concerns regarding the EPA -funded project (e.g., in areas such as termination by prime contractor, late payments, etc.). The DBE subcontractor can, as an option, complete and submit this form to the EPA DBE Coordinator at any time during the project period of performance. Subcontractor Name Bid/ Proposal No. Address Telephone No. Prime Contractor Name Project Name Assistance Agreement ID No. (if known) Email Address Point of Contact Issuing/Funding Entity: Contract Description of Work Received from the Prime Contractor Involving Amount Received Item Construction, Services , Equipment or Supplies by Prime Number Contractor 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2 Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-2 (DBE Subcontractor Participation Form) 582-15-50040 Page 15 of 39 City of Fort Worth PM2.5 1 E OMB Control No: 2090-0030 Approved; 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Participation Form Please use the space below to report any concerns regarding the above EPA -funded project: Subcontractor Signature Print Name Title Date The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U S Environmental Protection Agency (2822T), 1200 Pennsylvania Ave , NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA FORM 6100-2 (DBE Subcontractor Participation Form) 582-15-50040 Page 16 of 39 City of Fort Worth PM2,5 r�. Solicitation # (if applicable) Company Name: Address: City, State, Zip: Phone #, • Email Address: I! u • Fed. Tax or Vendor ID 1 Fax #: To qualify for EPA DBE Status all of the following must apply: Certifying Eligibility Criteria: Texas Certified Historically Underutilized Business (HUB) Indicate Certifying Entity : Texas Comptroller of Public Accounts (CPA-TPASS) • Personal Net Worth Less than•$750,000 for each individual claiming disadvantage status (Excludes equity of primary residence and individual% ownership interest in company) These individuals must own at least 51% of the company and have a managing control in the daily operations. See 40 CFR 33.201. Personal Net Worth is determined as per 13 CFR 124,104(2) and 124.105(c)(2). Or (at least one below must apply) Certifying Eligibility Criteria: indicate Certifying Entity ; ❑ Minority -Owned Business D Woman -Owned Business ❑ Disabled -American Business i Native -American Small Business **11UBZone Empowerment Contracting Program Small Business Administration **Small Business -- Meets Small Business Administration (SBA) size standards for a small business. SBA size standards are located at http://www.sbagovfdc/aroups/publicldocuments/sba_ homeoaae/sery sstd ableodf edit ❑ Please note, if your firm qualifies as a Small Business you may self -certify your company with SBA, You can not claim Small Business status unless you are SBA certified. More information on Small Disadvantage Business certification is available at h ttp://www.sba.qovIaboutsba/sbaoroaramslsdb/index.html, I ■ I Historically Black College/University (HBCU)'or Minority Institution (MI). The Secretary of Education must designate HBCUs/M1s, see Rat at i http://www.ed.eoviabout/officesibsts/ocriodlite-minority msthtml **Certification must be currently listed in the federal.database -Central Contractor Register (CCR) www,CCR.aov ■ ■ ❑ And (all below must anolv) Certifying Eligibility Criteria: United States Citizen *Personal Net Worth Tess than $750,000 for each individual claiming disadvantage status (Excludes equity of primary residence and indiidual's ownership interest in company) These individuals must own at feast 51% of the company and have a managing control in the daily operations. See40 CFR 33.201. Personal Net Worth is determined as per 13 CFR 124.104(2),and 124.105(0(2). Company meets other certifying criteria listed in -Section 8(a)(5) and (6) of SBA Act, 15 USC 631 et seq. See Website for eligibility: http:/lwww.amet.q_ov/farlcurrent/htmttSubpart%2019 7.hlm! Please Note, it is your responsibility to notify TCBO if your size, ownership status, net worth or certification status changes By execution of this form, you attest the information provided is accurate and true. Print Naine Title Signature Date 'Important - Under 15USC 645(d, any person who misrepresents its size or net worth status slra!! (1) be punished by a fine, imprisonment or both; (2) be subject to administrative remedies; and (3) be lnellgibte for participation in programs conducted under the authority of the Small Business Act 582-15-50040 Page 17 of 39 City of fort Worth PM2.6 • 1 1 1 t COST OR PRIG SUMMARY FORMA I- FOR SUBAGRI±EIVIENTS UNDER U.S. EPA ASSISTANCE PART I - GENERAL 1. RECIPIENT 3, NAME OF CONTRACTOR OR SUBCONTRACTOR 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR 7, DIRECT LABOR (Specify labor categories) DIRECT LABOR TOTAL: 8. INDIRECT COSTS (Specify Indirect cost pools) INDIRECT COSTS TOTAL: 9. OTHER DIRECT COSTS a. TRAVEL (1) TRANSPORTATION (2).PER DIEM TRAVEL SUBTOTAL: b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) EQUIPMENT SUBTOTAL: c. SUBCONTRACTS 2. ASSISTANCE IDENTIFICATION NO. 4. DATE OF PROPOSAL 6. TYPE OF SERVICE TO BE FURNISHED PART 11- COST SUMMARY ESTIMATED HOURLY HOURS RATE $ ESTIMATED COST TOTALS --._ —�a#: - =: uric : -__-- :::-- __:-..:.._._ :--x- •_•s. �....:-sue..;-"._., _ -'-,.-:_. __ _ --n #- • RATE $ X BASE = ESTIMATED COST QTY $ COST $ ESTIMATED COST $ $ ESTIMATED COST $ $ SUBCONTRACTS SUBTOTAL: d. OTHER (Specify categories) OTHER SUBTOTAL: OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATED COST 11. PROFIT 12, TOTAL PRICE 13. CONTRACTOR OR SUBCONTRACTOR EPA Form 5700-4i 582-15-5004 PART III - CERTIFICATIONS • - ESTIMATED COST ESTIMATED COST 4 _ .:::: -:ems._ 1'-"--'-•_�....-_. fir ai_a- "v.- a= :-' _ "cam..:.• . ___,_ Page 18 of 39 City of Fort Worth PM2.5 4- This proposal Is submitted for use In connection with and to response to (1) This Is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2) and that a financial management capability exists to fully and accurately account for the financial transactions under this project. t further certify that i understand that the subagreement price may be subject to downward renegotiation and/or recoupment where the above cost and pricing data have been determined, as a result of audit, not to have been complete, current and accurate as of the date above. (3)• . DATE OF EXECUTION SIGNATURE OF COMPOSER 14, LOAN RECIPIENT TITLE OF COMPOSER I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subagreement award. • DATE OF EXECUTION SIGNATURE OF REVIEWER EPA Porn �5fi-5700-40040I 5 2- TITLE OF REVIEWER Page 19 of 39 City of Fort Worth PM2.5 ifig. da i TexasCornmtssion on Environmental Quality l Federal ffundingAccountabilttyandTransparencyAct Reporting Form (See attached instructions and return completedfarm with signed copres oftontract) The feilithvingare XX M P,,T frorii-thfs forni: - . ' ..Vendors providing ggodsaf services {see OMQ Clitular A-133j ..:ititlivlduals acting as:a. narti.ura[per.son (l:e;, not owningbr operating a Fastness or?jairpro'fit orgenlSation tn. hls-orhef claim) - •• •.rederalRgencles . ..LP ijt`, _ 1) Name 'City of Fort Worth 2) DBA.Name !Transportation &.Public Works Department; Fnvlronmentat Managernent Division .3) DUNS Number 107-3170458 14) DUNS Number+4 I 5) Address 11000 Throckmortort Street city IFort Worth I .State ITe)as I Zip Code 126102 County 'Tarrant 6) Parent PUNS Number I 7) Primary site vvhera the 1000Thtockmorton Street work will be performed City .IFot't'Worth I State Texas I Zip Code 176102 . County (Tarrant I 8) a) in your business •ar organization'sprevious fiscal year, didyour business or organization (including parent r organization, all branches, arid all affiliates.world wide) receive-80 percent ortribre in annual gross revenues from U,S•, federal contracts/subcorntracts, loans, grants, subgrants, a nd/or cooperative agreements? I If No, -then go to Question No. 9 and complete remaining questions. b) In your business ororganization4s previous fiscal year, did your -business or organization (including parent organizat)on,.all branches, and all affiliates world wide) receive, $25,000,.000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans grants-, subgrants, and/or cooperative agreements? If No, then go to Question Na4.9 and complete remaining questions. C) ifYes, complete link to SEC1 httpJ/www sec.govff Otherwise,provicle names below: d) Provide below names and compensation of top 5 highly compensated officers:. Name Name Name Name Name I I 1 1 ( Amount Amount Amount /4rnopnt Amount ( I I I I Yes No d Yes [�No ( TCEQ-20589 Page f bf4 Texas commission on Environmental Quality sol Federal Funding Accountability and Transparency Act Reporting Form (Continued} Slime (See -attached Instructions and return completed:form with signed copies of contract) TCEQ 9) Project Description Operation and maintenance of the PM 2.5sa.mpling netwv rk • 1 0) Contract Number 158215.50040 112) Preparers Title Services Supervisor 11) Form Preparers Name iSamel)a Wilson 13) Preparees Phone Number I817 392-2335 114) Date Form Compi.eted j08/26/2014 1 TCEQrs USE ONLY 15) Date Contract Signed 17) CFDA Program Number 19) Federal Agency Naive 20) TCEQ Contract Number 22) USAS Grant Number ) Amount of Contract 1 • 18) CFDA Program Title 1 1 2 t1 TCEQ Umbrella Contract Number & Work Order Number (if applicable) TCEQ-20989 Page :of4 11 Texas CO Mission on Environmental Quality Federal Funding Accountability and Transparency Act Reporting Fora ,_ .. fsiluctions !CEO -�.._•. ^� tY�rf Zr` ��T.�.r�. t^l:.:l. .� w .2Q ea ft . at ~ ._ :.swam—." • _!?'I,.. r. .-.. -__-Vic-��-".. '- I' "�_,-_.:c•- x��..-:_ .,-... � _ �� --�=.+•l:»�� : ��...,:..� . � _ s ; e--�-.-..j_ ._.... ••-.m-�cT_•.:.... ._F �'tr.�ss<^-s�^�:- ••_._.•..._^-:= :_�:.: s�.^� r= "i-2 • - =gip- j kir.•met. 770.1 ._ •tt L �a J - a•;..._ .1- �T-^:.i..::.,!.,» •- .-...»-•.-._.r_..- • T▪ it -Y3::1� w..�y _... _ ._. ?....�.. '="�rF."-� �_��:_.��'pi..-.air.=:.=::_:.r-z: •fs.::Mi�:ar.=r:r >�y:=:-'L.�•�=�.� zz-•r==.-=i =yr.� • • i ... ..-r_. ...err.... �..._ - '.� _'... �• _:..:.^• 1) The name of the contractor organization thatcorresponds CCR) e ith the contractor's Data Universal Numbering System (DUNS) which appears in the Central ContractorRegistration 2) The "doing -business -as" name of the contractor's organization which corresponds with the contractor's DUNS which appears in the Central Contractor Registration (CCR) profile. 3) The contractor's organization's 9-digit DUNS number. 4) The t-4 extension to the DUNS number created by registrants In CCR when there is a need for more than one bank / Electronic Funds Transfer (EFT) account for a location. 5) Address where the contractor's organization is located which corresponds with a CCR profile. 6) The contractor's parent organization's 9-digit DUNS number which corresponds with the parent CCR profile. 7) Primary site where the work will be performed. 8) a) In your business or organization's previous i�f�ie 80(y year, idQ ��b� in annual gness or gossization revenues from'ng parent U.S. federal organization, a(( branches, and al( affiliates world wide) race percent subcontracts, loans grants, subgrants, and/or cooperative agreements? Check Yes or No, If NO, then go to question #9 and complete remaining questions. organization, all b) in your business or organization's previous fiscal year, did your business or organization (including parentor g eral contracts, branches, and s, all loans world wide) and/or cooperative agreements? Check Yes or No0 or more in annual gross . If NO, then go es from U.S. to question #9 and subcontracts, loans grants, g complete remaining questions. c) ifublic have access to the information about the compensation of the senior e YES tolboth (a) and sb)in above,rorganization then does the ion (including parent organization, all branches,and all affiliates worldwide) through executives In your business or arganlzat ( . of 1934 periodic reports filed under section (13{a}6� Com) {ere the i(nlc to Secuurities rities ties and ange tExchangelComSm Commission (SEC):0(d) or section 6104 of the internal Revenue Code of 198 p http //wwwsec.gov/ d) if not, then provide the following: Names and compensation of top 5 highly compensated officers; if applicable (This will be the same compensation information which appears in contractor's CCR profile.). 9) Project Description (The description should capture the overall purpose of the contract and / or, if there is an umbrella contract then describe the work order project in the umbrella contract.) 10) Identifying contract number assigned by the contractor for tracking. 11) Identify the form preparer's name. 12) identify the form preparer's title. 13) identify the form preparer's phone number. 14) Date form is completed. TCEQ-20589 582-15-50040 Page 22 of 39 City of Fort Worth PM2.5 Page 3 of 4 Texas Commission on Environmental Quality WFederal Funding Accountability and Transparency Act Reporting Form Instructions (Continued) TCEQ TCEQ's IJSE ONLY 15) Date the contract agreement was signed. 16) The net dollar amount of federal funds awarded to the contractor. 17) The program number associated with the published description of federal assistance program in the Catalog of Federal Domestic Assistance (CFDA) 18) The program title associated with the published description of federal assistance program in the Catalog of Federal Domestic Assistance (CFDA). 19) The name of the federal awarding agency. 20) IdentifyTCEQ's contract number. 21) identify TCEQ's Umbrella Contract Number anc Work Order Number (if applicable). I 22)' Identify TCEQ's Uniform Statewide Accounting System (USAS) Grant Number. • TCEQ-20589 582-15.5004D • I • • Page 23 of 39 City of Fort Worth PM2,5 Page 4 of 4 SCOPE OF WORK x. FACTS/PURPOSE The Performing Party will operate and maintain two continuous ambient monitoring stations (CAMS) in Arlington and Fort Worth, Texas in accordance with the effective TCEQ quality assurance project plan (QAPP) pertaining to the Particulate Matter of 2.5 Microns or Less (PM2 5) programs, equipment standard operating procedures (SOPs) and the Preventive Maintenance Instructions (PMI) Manual. This documentation is available upon request. Station location: CAMS 031.0 — Haws Athletic Center, boo 1/2 Congress St Fort Worth, Texas CAMS 0061 — Arlington Municipal Airport, 5504 S. Collins St, Arlington, Texas These stations are subject to relocation depending upon property owner request. In the event of site relocation, the Performing Party will be notified 3o days prior to relocation and will operate the site at the new location. Equipment at CAMS 0310 includes one PM2.5 FRM sampler and one PM2.5 tapered element oscillating monitor (TEOM) monitor. Equipment at CAMS 0061 includes one PM2.5 TEOM monitor. The Performing Party will operate any additional or relocated ambient air equipment at the currently established or new monitoring stations as needed or agreed upon by both parties. II. TCEQ RESPONSIBILITIES/DESIGNATION OF STAFF A. TCEQ responsibilities: • Provide all air monitoring equipment, parts, audit equipment, and equipment related supplies for the proper operation of the air monitoring stations. • Provide all site maintenance equipment (i e., Lawnmower, edge trimmer). • Provide shipping labels upon request for the Performing Party to ship air monitoring equipment, parts, audit equipment, and equipment related supplies to the TCEQ. • Provide Performing Party staff with individual Virtual Private Network (VPN) access accounts to check the site status remotely by the agency's internal status report webpage during the term of the contract. • Provide training for equipment operations and other activities designed to increase technical capabilities required to support this agreement upon request by the Performing Party. • Provide technical support related to equipment at the site by phone, email, or on -site visit. • Conduct annual field assessments of the air monitoring stations. S. Designation of staff • Holly Landuyt (512) 289-1762 will be the Contract Administrator and point of contact for this contract. Other TCEQ staff will be available in her absence. • Max Hernandez (512) 239-046z will be the Contract Manager. 582-15-50040 Page 24 of 39 City of Fort Worth PM2.5 • XII. PERFORMING PART' RESPONSIBILITIES A. Provide one primary and one backup site operator. These site operators must be electrical/mechanical grade technicians capable of operating and performing light maintenance on meteorological hardware and electronic monitoring equipment One operator must be present during all TCEQ assessments or site visits. Provide staff proficient in the use of digital volt meters and personal computers. Operate the equipment according to established applicable SOPs, PMIs, QAPPs, and any guidance supplied by the TCEQ Contract Administrator . This documentation is available upon request and may be revised from time to time. D. Monitor the site status remotely through the agency's internal status report webpage using the TCEQ-provided VPN access Ensure individual VPN access accounts remain active If VPN access is lost, it is the Performing Party's responsibility to alert the TCEQ Contract Administrator upon discovery. E. Possess and utilize the information, practical knowledge, techniques, and skills to comply with federal and state air monitoring rules, including those listed in the effective Code of Federal Regulations. F. Communicate effectively with TCEQ technical staff to troubleshoot malfunctioning equipment. Performing Party must provide personnel with a minimum of six months experience with ambient air monitoring equipment. G. Make travel arrangements and cover expenses associated with the requested training and meetings. H. Designate a Project Representative who will receive directions from TCEQ, manage the work being performed, and act on behalf of the Performing Party as an authorized representative. • I. If an equipment failure requires a site visit by the operator, visit the site the same day if feasible, but no later than the next business day in order to minimize data loss. J. Communicate all equipment malfunctions of failures to TCEQ in writing the same day as discovered. Include symptoms or cause of failure and contact name of the person immediately available -to troubleshoot with Mouutoring Division staff, Provide a physical shipping address for replacement equipment, parts, and supplies. Ensure the deliverables listed in Table V.1 are performed and delivered on time Document completion of the deliverables in the manner listed in Table V x. M. Inform the TCEQ Contract Administrator in writing within 24 hours after any continuous monitor fails to collect data for more than 48 continuous hours and when two consecutive non -continuous samples are missed or invalid. N. Submit quarterly invoices to the TCEQ Contract Administrator and the Contract Manager listed in Table V.1, within one calendar month after the end of the quarter. Late submittal of invoices will be noted and documented in the end of the year evaluation that may determine the continuation of this contract. Invoices must include a detailed breakdown of all expenditures. Any Inappropriate expenditure, including items not related to the project, will result in the invoice being rejected. O. Submit a completed Release of CIaims form with the final invoice within one calendar month of termination of the Contract. P. Upon request by TCEQ provide guided tours of the monitoring sites to local school districts or governing agencies not to exceed four hours per quarter. B. 582-15-50040 Page 25 of 39 City of Fort Worth PM2.5 • i re Q. Upon request, promptly respond to site and contractual information requests from the TCEQ Contract Administrator. R. Transitional Services: Given the nature and importance of the services requested under this. contract, TCEQ must maintain uninterrupted services. The Performing Party shall provide services as needed to assist in the smooth transition of a replacement Contractor. Transitional services include, but are not limited to: • The Performing Party will provide one week of training to the future Contractor. • The Performing Party will provide reports, maps, property site contact information, keys equipment, and other TCEQ property to any future Contractor upon execution of said future contract. • The Performing Party will report to any future Contractor any pending problems being investigated or for which equipment repair is incomplete. Upon request by TCEQ, the Performing Party will provide to any future Contractor access to site trailers, buildings, utilities, or other locked areas. • The Performing Party will notify the TCEQ Contract Administrator in writing when the transition of services is complete. At all times, the Performing Party will provide complete cooperation, courtesy, civility, and professionalism when providing transitional services and communicating with any future Contractor staff. e • • IV. DESCRIPTION OF DELIVERABLES The Performing Party must operate and maintain the air monitoring station according to TCEQ effective QAPPs, SOPs, and PMIs. These are available upon request V. SCHEDULE OF DELIVERABLES The Performing Party must provide the following deliverables to TCEQ by the specified time frame: Table V.i.: Deliverable Data Collection Sample Collection and Shipping Equipment Failure Response Applicable Equipment PM2.s FRM, PM2,5 TEOM PM2,5 FRM PM2,5 FRY PM2,s TEOM 582-15-50040 Respective Tasks and T neframes • Collect and monitor continuous ambient air data and operate non -continuous samplers according to applicable SOPs and the EPA Monitoring Schedule. • Review continuous data in Leading Environmental Analysis and Display System (LEADS) daily to ensure sampler function. Document this review in the electronic site operator logbook on the day it occurs. • Package and ship all collected PM2,5 FRM filters following the provided shipping schedule. • Submit electronic sample files to the analytical contractor on same day as filter shipment. • Respond to equipment felines or malfunctions by visiting the site on the same day if feasible, but no later than the next business day. Notify FCEQ in writing within one business day of problem resolution • Document site visits in the electronic operator logbook on the same day the visit occurs for sites Page 26 of 39 Submit to: LEADS via VPN or through the on -site data logger DRI httn: / /eafs.dri.edu/ Contract Administrator and TCEQ Implementation Team LEADS via VPN City of Fort Worth PM2.5 • Deliverable Equipment Failure and Sample Loss Report Monthly Verification and Report Seasonal Quarter Audit and Report Preventive Maintenance Instruction (PMI) Completion Site Activities Documentation Applicable Equipment PM2.5 FRM, PM2.5 TEOM PM2.5 FRM, PM2,5 TEOM PM2.s FRM, PM2,5 TEOM, PM2,5 FRM, PM2.5 TEOM PM2.5 FRM, PM2.5 TEOM 582-16.50040 Respective Tasks and Timeframes with access and within two business days for sites without- access. • Report equipment failures or malfunctions in writing the same day as discovered. Include symptoms or cause of failure and contact information for the Performing Party personnel immediately available to troubleshoot + Report in writing within one business day if any continuous monitor fails to collect data for more than 48 consecutive hours or when two consecutive non -continuous samples are missed or invalid. • Provide a physical shipping address for replacement equipment, parts, and supplies. • Perform verification monthly within first five business days of the month, • Perform verification after every calibration. • Submit verification report within two business days of completion of verification. • Perform quarterly audit within first five business days of quarter. • Submit audit report within two business days of completion of calibration. Seasonal quarters are defined as; o December - February o March May o June - August o September -- November • Submit audits performed due to instrument repair, modification, or replacements within five business days of completion of passing calibration. • 40-030, Cleaning the R&PAir Screens, a minimum . LEADS via VPN of every 3o days • efo-30a, Cleaning the Very Sharp Cut Cyclone, a minimum of every. 3o days • 40-30b, Cleaning the 1 t Stage and Inlet, a minimum of every 3o days • 40-180, 2025 Battery Replacement, a minimum of every six months and at battery failure • 41-30, TEOMAir Condition Filter, a minimum of every 3o days • 41-03oa, TEOMPM2,5 SCCAdapter CIeaning, a minimum of every 3o days or at motor failure + 41-03ob, THOM Sample Inlet Cleaning, a minimum of every 3o days • 41.18o, YL'OMIn-Line Auxiliary Filter Change, a minimum of every six months • 41-180a, TEOMAir Conditioner Cleaning, a minimum of every six months • Any future PMTs developed for this equipment with TCEQ notification • Document all site activities in the electronic LEADS via VPN • Submit to: TCEQ Implementation Team and Contract Administrator nm(Thtcea.texas.aov Page 27 of 39 nm(?tcea.texas.t ov City of Fort Worth PM2,5 Deliverable Audit and Assessment Assistance Site Maintenance Invoice and Release of. Claims Submission Data Completeness Inventory Management and Reports Applicable Equipment PM2,5 FRM, PM2,5 TEOM Shelter PM2.5 FRM, PM2.5 TEOM PM2,5 FRM, PM2,5 TEOM PM2,5 FRM, PM2,5 ThOM Respective Tasks and Tiuieframes operator log before leaving the site where access to electronic logs is available. • Document all site activities in the electronic operator log within two business days where site access to electronic logs is not available. • Submit completed pre -audit questionnaires within ten business days of audit notification. • Assist TCEQ staff or EPA auditors on -site during all TCEQ audits and assessments • Reply in writing to all TCEQ written requests for audit responses within one calendar month of the request. • Maintain site free of vegetation higher than six inches and trash or debris. • Ensure site remains locked and secure when staff are not on -site. • Obtain written approval from TCEQ to change the site lock or combination. • Obtain vegetation control equipment from TCEQ. • Submit quarterly invoices within one calendar month after close of fiscal quarter except for March 1-31, which must be submitted byApril 3o, 2015. Fiscal quarters are defined the same as seasonal quarters. • Submit completed Release of Claims form with final Contract invoice. • Track and submit data completeness reports with the quarterly invoices within one calendar month after close of fiscal quarter. Fiscal quarters are defined the same as seasonal quarters • Include description of how data completeness was determined. Notify the Contract Administrator within. two Contract Administrator business days of equipment replacements Return inoperable equipment to the TCEQ within five business days of replacement. Upon request, promptly assist the Contract Administrator with maintaining inventory control and with Inventory Management Database (IMD) data requests. o Track and submit inventory reports with the quarterly invoices within one calendar month after close of fiscal quarter. Fiscal quarters are defined the same as seasonal quarters. Submit to: • • • TCEQ Data Quality Team and Contract Administrator LEADS via VPN Contract Administrator Contract Manager Contract Administrator VI. ACCEPTANCE CRITERIA The Performing Party is required to provide the TCEQ at least an 85% monthly data return from all monitors and samplers. If the 85% data return is not achieved, assignable cause must be identified within a week after each month end. Assignable causes may include acts of nature (tornadoes, hurricanes, hail, etc.), vandalism, or circumstances beyond the control of the 582-15-50040 Page 28 of 39 City of Fort Worth PM2.5 • Performing Party. Neglect of the site is not an assignable cause During this contract period, 85% valid data capture must be met for each sampler at each site. TCEQ may reduce the Performing Party s payment for the fiscal year by up to 25% if the required data return is not • achieved and there is no assignable cause. The possible reduction amount (25% of the :Fiscal year funds) will be split evenly between each quarter of operation of each monitor. For example, if this Scope of Work calls for four monitors to be operated for four quarters each, the possible reduction amount will be split 16 ways. In that example, for each quarter that a monitor does not achieve the required data return, TCEQ may deduct up to 1/16 of the possible reduction amount. Considerations for the proposed reduction of payment will consist of evaluation of the Performing Party's performance of required operating procedures, quality control procedures, and effective and timely communication of non-compliance issues. Non- compliance issues include deviation from the documented procedures in the SOPs, QAPPs, PMIs, and the contract. This price adjustment is cumulative with all other remedies. 582-15-50040 • Page 29 of 39 • City of Fort Worth PM2,5 • GENERAL TERMS AND CONDITIONS for Cooperative Reimbursement Contract for State Agencies and Local Governments x. CONTRACT PERIOD 1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page. If no Effective Date is provided the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed 1.2. Amendments. This Contract is not subject to competitive selection requirements and may be amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a written amendment and agreed to by both parties. 1.g. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.x Availability of Funds. This Contract and all claims, suits or obligations arising under or i elated to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 2.2 Maximum Authorized Reinxbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement as shown on the Contract Signature Page. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is under no obligation to offer deadline extensions which extend to the maximum availability of the contract funding source. 2.4 Grants. If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.tj No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Conti act shall not be construed to create debt against the State of Texas. 3. ALLOWABLE COSTS 3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. 3.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Management Standards (UGMS) and applicable state and federal rules and law The text of UGMS is available online at the Governor's website. The parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbin sement Requests'. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs for peiforming the Scope of Work. Performing Party's.invoice shall confirm to all reimbursement requirements specified by TCEQ. 4.2• Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 582-15-50040 Page 30 of 39 City of Fort Worth PM2.5 4.3• No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. 4.4. Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 5. FINANCIAL RECORDS, ACCESS AND AUDITS 5.i Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this contract shall be retained for a period of three (3) years after date of submission of the final reimbursement request. 6. PERFORMING PARTY'S RESPONSIBILITIES 6.1. Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the TCEQ noi as a TCLiQ agent or employee. Performing Party agrees that the Scope of Work is furmshed and performed at Performing Party's sole risk as to the means, methods, design, processes, procedures and performance. 6.2 Independent Contractor. • 1 he parties agree that the Performing Party is an independent contractor. Nothing in this Contract shall create an employee -employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party • 6.3 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts. and omissions of Performing Party. 6.4 No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors, suppliers or other persons or organizations with a contractual relationship with the Performing Party. 7• TIME 7.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. 7.2 - Delays Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ, TCEQ may withhold or suspend reimbursement, terminate the Contract for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of TCEQ). 8. CONFLICT OF INTEREST The Perfoi ming Party shall timely notify TCEQ in writing of any actual, apparent, or potential conflict of interest iegarding 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 Scope of Work, 582-15-50040 Page 31 of 39 City of Fort Worth PM2.5 , • nor have access to information regarding any portion of the Scope of Work, without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination for cause. 9. DATA AND QUALITY g.i Quality and Acceptance All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 9.2 , Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced fi om models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA, Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non -reimbursement of expenses related to the associated activities. 9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 3o Texas Administrative Code Chapter 25, subchapters A and 13, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 3o Texas Administrative Code Section 25 6. io. INTELLECTUAL PROPERTY i o.r Third. Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable enterprise -wise license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 10.2 Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, modify or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual properly belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Contract, and associated uses documentation. 11. INSURANCE AND INDEMNIFICATION .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 Worriers Compensation and Employer s Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 11.2 Indenziuficatton. 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 TILE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES IROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM 582-15-50040 Page 32 of 39 City of Fort Worth PM2.5 THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12. TERIVIZNA.TION 12.1 Termination for Cause TCEQ may, upon providing xo days' written notice and the opportunity to cure to the Performing Party, terminate this Contract for cause if Performing Party materially fails -to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by This Contract or by law. 12.2 Termination for Convenience. TCEQ may, upon providing to days' written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination Performing Party shall not be paid for: -work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. 12.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had not. materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of TCEQ 13. DISPUTES, CLAIMS AND REMEDIES 13.1 Payment of a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release in the form of a unilatei al amendment, constitutes a release of Performing Party from hability under this Contract. 13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2264 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: x3.2.1 Issue notice of nonconforming performance; 13.2.2 Reject nonconforming performance and request corrections without charge to the TCEQ; x3.2.g Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; xg.2,q Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconformity; xg.2.g Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6 Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible raider the circumstances. 13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. 582-16-50040 Page 33 of 39 City of Fort Worth PM2.5 14.1. Survival of Obligations. Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in required by or given in accordance with the Contract as well as all continuing obligations indicated in the Contract, survive for four (4) years beyond the termination or completion of the Contract, or until four (e) years after the end of a i elated proceeding. A related proceeding includes any litigation, Iegal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 15. CONTRACT INTERPRETATION 15.1 Definitions. The word "include" and all forms such as "including" mean "including but not limited to" in the Contract and in documents issued in accordance with the Contract, such as Work Orders or Proposals for Grant Activities (PGAs). 15.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 15.3 Delivery of Notice. Notices are deemed to be delivered three (3) working days after postmarked if sent by U S Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail facsimile transmission, email or other commercially accepted means. 15.4 Interpretation of Tune. 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. 15.5 State, Federal Law This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 15.6 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the. remaining part of the provision and the rest of the provisions of this Contract shall contmue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision leaving as near an effect to that intended by the severed provision as will be legal and enforceable. 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. 15.5 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. 15.9 Pubhcation Performing Party agrees to notify TCEQ five (3) days prior to the publication or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 15.10 Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ, no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 15.11 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations and rules and obtain all necessary permits and licenses. 15.7 582-15-50040 Page 34 of 39 City of Fort Worth PM2.5 24, 15.1.2 Counterparts. This Contract maybe signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. a5.sg Accessibility. All electronic content and documents created as dehverables under this Contract must meet the accessibility standards prescribed in x Texas Administrative Code sections 206.50 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. 682-15-50040 Page 35 of 39 • City of Fort Worth PM2.5 1 • • Cost Budget Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: Budget Category Salary/ Wages Fringe Benefits Travel Supplies Equipment Contractual Construction Other Indirect Costs Total Cost for Work to be Performed $18,300.65 $9,937.47 $0.00 $1,073.00 $0.00 $0.00 $0.00 $725 $6,065.55 536,101.67 • 2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 21.48% of (check one): // salary and fringe benefits [] mortified total direct costs other direct costs base If other direct cost base, identify: This rate is less than or equal to (check one): E approved predetermined rate M experienced -based predetermined rate U default rate 3. Other. If Budget Category ` Other" is greater than $25,000 or more than i0% of budget total, identify the main constituents: 4. Budget Categories. The Budget Categories above have the definitions, requirements and limitations stated in UGMS Construction costs are not reimbursable without prior, specific written authorization from TCEQ. 582-15-50040 Page 36 of 39 City of Fort Worth PM2.5 5. Budget Control and Transfers. Notwithstanding any contrary provision of any Cost Budget, the following provisions apply to every Cost Budget incorporated into or approved under this Contract: 5.1 Cumulative Annual Transfers Up To io% of the Cost Budget Total. The Performing Party may transfer up to ten percent of the annual Cost Budget Total among direct cost categories by submitting a Revised Cost Budget. However, the ten percent limit is cumulative, and the Performing Party may not transfer into direct cost categories containing zero dollars without TCEQ pre -approval. 5.2 Cumulative Annual Transfers Greater Than so% of the Cost Budget Total. TCEQ must approve all budget revisions that transfer more than ten percent of the annual Cost Budget Total among direct cost categories before the Performing Party incurs the increased costs. If the Cost Budget is incorporated into the Contract, TCEQ approval must be in the form of a Contract Amendment. 5.3 Calculation of Cumulative Annual Transfer. The cumulative annual transfer is equal to the sum of the amounts of increase of each direct cost category from the incorporated or approved Cost Budget. The amount by which any direct cost category has decreased is not included in this calculation. 5.4 All invoices must clearly show how this budget control requirement has been. met. 5.5 At a minimum, invoices must show expenses for the invoice period, year-to-date expenses, projected totals for the year (or applicable contract period), percent of budget spent to date, and percentage of budget projected to be spent. 6. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to the individual named in TCEQ Project Representatives and Records Location at monthly intervals. Final invoices shall be submitted within two (2) calendar months after completing the Scope of Work activities. TCEQ may extend this deadline by unilateral contract agreement. 7. Grant Chargebaclt Invoices. In the case of an invoice for grant activities being paid during the second fiscal year for which the funds were appropriated, ALL INVOICES MUST BE SUBMITTED IN SUFFICIENT TIME FOR TCEQ REVIEW, NECESSARY CORRECTIONS, TCEQ APPROVAL, AND SUBSEQUENT PRESENTATION 'I O THE COMPTROLLER BEFORE THE END OF THE FISCAL YEAR. S. Travel. In order to be reimbursable, 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. 9. Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without appropriate supporting documentation, TCEQ has the right to request additional documentation. Performing Party shall maintain i ecords subject to the terms of this Contract, to. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate shown above (if no reimbursable rate is shown above, indirect costs are not reimbursable under this Contract). The reimbuisable rate must be less than or equal to the rate authorized under UGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect costs, Performing Party is contributing its unreimbursed indirect costs to the successful performance of this Contract, and waives any right it may have to reimbursement of those costs (if 58245-50040 Page 37 of 39 City of Fort Worth PM2,5 • this Contract requires matching funds, Performing Party may claim its unreimbursed indirect costs as part or all of its match). 11. Indirect Rates Authorized under UGNI IS. The following rates are authorized under UGMS: 11.1 Approved Predetermined Rate.A1 approved predetermined rate is an indirect cost rate agreed to within the preceding 24, months in a signed indirect rate negotiation agreement with the applicable federal cognizant agency, state single audit coordinating agency, major state funding agency, or another state agency designated by the Governor. An approved predetermined rate shall1be expressed as a percentage of the direct cost base specified in the signed indirect rate negotiation agreement. 11.2 Experience -Based Predetermined Rate. An experienced -based predetermined rate is an indirect cost rate agreed to between TCEQ and Performing Party, where there is no approved predetermined rate and there'is sufficient cost experience and other pertinent facts to enable the parties to reach an informed judgment (a) 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 (b) that the amount allowable under that rate would not exceed actual indirect costs. An experience based predetermined rate shall be expressed as a percentage of either (a) salary and wages, or (b) Modified total direct costs. Modified total direct costs are total direct costs less `extraordinary or distorting expenditures," usually capital expenditures, subawards, contracts, assistance payments (e.g., to beneficiaries), and provider payments. The direct cost base selected should result in the fair distribution of indirect costs among all state and federal grants and contracts affected, as well as other Performing Party activities that share in the indirect costs. 11.3 Default Rate. A default rate is an indirect of ten percent (10%) -of direct salary and wages, to be used where (a) there is no approved or experienced -based predetermined rate, and (b) the Performing Party represents that its actual indirect costs equal or exceed ten. percent (10%) of salary and fringe, 12.Adjustment of Indirect Rates. A reimbursable rate is intended to be final. Performing Party acknowledges that TCEQ's budget is limited and funds may not be available to reimburse any increase in indirect costs. Performing Party waives any right it may have to upward adjustment of its indirect rate, and agrees to contribute any such increase to the successful performance of this Contract (if matching funds are required, Performing Party may claim such costs as all or part of its match). TCEQ waives any right it may have to a downward adjustment of Performing Party's mdirect rate unless the reimbursable rate is greater than the Performing Party s actual indirect costs. If the latter case, if reasonably feasible; a compensating adjustment shall be carried forward to this Contract or a future contract. If not feasible, where permitted by law TCEQ and Performing Party may identify additional services to be performed by Performing Party as a compensating adjustment, or Performing Party shall reimburse TCEQ the excess indirect costs paid. 582-75450040 • • Page 38 of 39 City of Port Worth PM2.5 • NOTICES, PROSECT REPRESENTATIVES ESENIA.TIVES .AND RECORDS LOCATION CONTRACT NO.5824x5_5004o �.PROJECT TITLE: CITY OF FORT WORM PM2,5 Representatives,. The individual(s) nanied.belowate the represent ititvea of TCEQ and Perfgtnung.Party, 'Troy area authorized to give -And receive oOrnitunicatidrls aritl.directiona on behalf ofthe TCEQ andthe • Performing Party as:iridicated below All communitations including official contract notices mustbe addressed to the appropriate representative orhis:or'her designee. 2, C,`hattges itt Representatives, Either party may change its representaliv&by unilateral amendment. TCEQ Representatives TCEQ CONTRACT MANAOER TCVQ PRNECrM&WAGER (for Contractual Platters) tfQr ToSnIcalMatten) Max Hernandez Contract Manager. Title. Texas Commission an Environmental Quality P..0, Box 13.087 IV10.16,5 Austin, Texas.78711-8o87 Telephone No. (512) eg9-046x. Facsimile No. (512) 2391605 4. Performing Party Repre$entatives. FQr Contractual Matters Michael Kazda Envitenineutal Sup erviear Title Telephone No (817) 39.2-8136 racsnniieNo. (at7) 392-75359 1-iollvLanduvt Contract Administrator Title Texas Commission. on Environmental Quality P:o, Boxx3o87 MC-165 Austin, Texas i$git-3o87 Telephone No. 532) p.29 1762 Facsimile No. _(61a) 239-1605 For Technical Matters Michael ta.zda Environmental- Supervisor Title Telephone No. (817) 392 .8136 Facsimile NO. (SI-7) 392-6359 Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, Unless another recipient is identified below:, ❑ TCEQ Project Manager TCEQ Disbursements Section) d Other: 6. Designated Location for Records Access and Review. The Performing Party designates the'physical location indicatedbelow for record ,access and reviewpursuant-to any applicableprovision of this Contract; (City / State ZIP) 582-18-50040 • Pane 39 of 39 City of Fort Worth PM2.5 7VI&C Review Page 1 of 2 CITY COUNCIL AGENDA DATE: CODE: SUBJECT: Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 8/26/2014 - Ordinance No. 21400-08-2014 8/26/2014 REFERENCE NO.: **C-26930 LOG NAME: PUBLIC HEARING: Authorize Execution of an Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality in an Amount Not to Exceed $36,101 67 for the Operation of Local Air Pollution Particulate Emission Monitoring Sites and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) 20TCEQ PM2 5 FY15 C TYPE: CONSENT RECOMMENDATION: It is recommended that the City Council: NO 1. Authorize execution of an Intergovernmental Cooperative Reimbursement Agreement with the Texas Commission on Environmental Quality for the period of September 1, 2014 through August 31, 2015 with an amount not to exceed $36,101.67; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $36,101.67 in Fiscal Year 2015, subject to receipt of an executed contract; and 3. Apply indirect cost at the most recently approved rate of 21.48 percent for the Transportation and Public Works Department. DISCUSSION. In 1998 the United States Environmental Protection Agency (EPA) revised its measurement standards for Particulate Matter (PM) emissions into the atmosphere. Since Fiscal Year 1999-2000, the Texas Commission on Environmental Quality (TCEQ) has contracted with the City for operation and maintenance of the monitoring equipment provided by the TCEQ for three PM monitoring stations. The location of each station is as follows: Haws Athletic Center 600 Congress Street Arlington Municipal Airport 5000 South Collins Street 2 monitors 1 monitor The City is responsible for retrieving the sampling filters and data, sending filters and data for analysis and performing regular audit and maintenance activities on the equipment under the terms of the contract The Agreement period begins September 1, 2014 and ends August 31 2015, with a limit of $36,101.67 for reimbursement of expenses to the City of Fort Worth with the option to renew the Agreement for three additional one-year periods upon written consent of the parties by an Amendment to this Agreement. The Haws Athletic Center monitors are located in COUNCIL DISTRICT 2. http://www.fortworthgov.org/council_packet/mc review.asp?ID=20159&councildate=8/26/... 9/2/2014 Imdt: M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of grant funds and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. Funds will be reimbursed by grantor after expenditures are made. TO Fund/Account/Centers 2) GR76 451543 020412744000 $36,101.67 2) GR76 5 $36.101.67 (VARIOUS) 020412744010 FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Doug Wiersig (7801) Additional Information Contact: Michael Gange (6569) ATTACHMENTS 20TCEQ PM2 5 - AO.doc HAWS25MC.odf http://www.fortworthgov.org/council_packet/mc review.asp?ID=20159&councildate=8/26/... 9/2/2014 Tidwell, Allison From. Sent: To: Cc: Subject: Allison, Bashor, Arthur Wednesday, September 02, 2015 1124 AM Tidwell, Allison Kazda Michael; Bazarte, Alexia M RE: Amendments from TCEQ Yes this is an unusual situation. We are still in negotiations with the TCEQ to renew the contract for one year Because we have not yet come to full agreement on the terms, there is a provision in the original contract by which TCEQ may unilaterally extend the contract for 90 days under these circumstances: 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a . period of up to 90 days Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period You are right, normally both legal and an ACM sign the TCEQ contracts and amendments. This is one of the very rare exceptions. Since TCEQ is exercising a unilateral right, they are the only party that needs to sign. Thanks for checking and have a great day! Art From: Kazda, Michael Sent: Tuesday September 01, 2015 11:00 AM To: Tidwell, Allison Cc: Bazarte Alexia M; Bashor, Arthur Subject: RE: Amendments from TCEQ Thanks for following up with Art. Attached is his reply from last week regarding the issue. Please let me know if you have any questions or need any additional information. The situation this year was a little out of the ordinary and stems from some changes that have been made at the TCEQ. We customarily receive our renewals with enough time to get them through City Council, signed, and filed prior to their expiration thereby not requiring a unilateral extension to continue work. Thanks for your diligence and assistance. Thanks, Mike Michael Kazda Environmental Supervisor Code Compliance Department 817-392-8136 Michael.Kazda@,FortWorthTexas. gov City of Fort Worth Working together to build a strong community. 1 FORT WORTH. How am I doing? Feel free to contact my supervisor. Cody.Whittenburg(a,FortWorthTexas.gov From: Tidwell, Allison Sent: Tuesday, September 01, 2015 10:50 AM To: Kazda, Michael Cc: Bazarte, Alexia M Subject: RE. Amendments from TCEQ Mike, When you send these to our office as amendments, they are given a new number, e.g. 45912-A2, and they are kept in the same file as the original contract. I looked at other amendments with TCF4,Q, and they have our signatures. I forwarded your email to Art Bashor to get clarification If these don t require city signatures, I need that in writing from the attorney. Once I hear back, I'll let you know. From: Kazda, Michael Sent: Tuesday, September 01, 2015 10:09 AM To: Tidwell, Allison Cc: Bazarte Alexia M Subject: RE: Amendments from TCEQ Ms. Tidwell, Amendments 2, 3, and 5 are unilateral actions taken by the TCEQ to existing agreements and did not require our signature. They serve as notice the TCEQ is exercising a provision in the contract which permits them to extend the contract expiration date by 90 days This was done to allow the city to work without interruption and the TCEQ to reimburse the city for this work until renewals are in place. If these do not need to be filed with the City Secretary's office, since they don't bear the signature of a city official, please let me know. I appreciate your assistance and advice. Thanks, Mike Michael Kazda Environmental Supervisor Code Compliance Department 817-392-8136 Michael.Kazda Zi FortWorthTexas. gov City of Fort Worth — Working together to build a strong community. FORT WORTH. How am I doing? Feel free to contact my supervisor. Cody.WhittenburgaFortWorthTexas.gov 2 From: Tidwell, Allison Sent: Tuesday September 01, 2015 9:36 AM To: Kazda, Michael Cc: Bazarte Alexia M Subject: Amendments from TCEQ Mike, The City Secretary's Office needs you to come and pick up the following amendments for proper routing: Amendment /12 for CSC No. 45912 Amendment #3 for CSC No. 44799 Amendment #5 for CSC No. 42227 These amendments are missing both Fernando's signature and Art's signature. The City Secretary attests to Femando's signature, not TCEQ's. You will need to have these signed by all parties before we can finalize. Thanks! Allison Tidwell Assistant to the City Secretaiy City Secretary's Office W 817.392.6152 F: 817.392.6196 Allison.Tidwell(a,fortworthtexas.Eov "City of Fort Worth — Working together to build a strong community." FORT WORTH