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Home My WebLink AboutContract 46973Texas Com1nission on Environmental Quality Cooperative Reimbursement Contract for State Agencies and Local Governments CONTRACT SIGNATURE PAGE Contract Name: Contract Number: Performing Party: City of Fort Worth vVho le Air Monitoring 582-16-60018 City of Fort Worth Performing Party Identification Number: 175600052 86 Maximum Authorized Reimlforsement: Effective Date: 0 09 /01/20150 Date oflastsignatu re Expiration Date: 0 08/31/20160 Last day of Fiscal Year in which the Contract was signed 0 If checked, this Cont r a ct requires matching funds. Match Requirem ent: 0 1f checked, this Contract is funded with federal funds. CFDANumber: 97.091 Federal Grant Number: 99811 7 This Contract is entered under: 0 Gov't Code ch . 771 0 Gov't Code ch. 791 0 Water Cod e§ 5.124 Th e Texas Commission on Environmental Qu ality (TCEQ), an agency of the St ate of Texas, and the named Performing Party, a state agency or local government of the State of Texas, e nter this agreement (Contra ct) to cooperatively conduct authorized governmental fun ctions and act ivities under the laws of the State of Texas . The Parties agree as follows: (a) to be effective, the Contract must be signed by an authorized official of the TCEQ and the Performing Party; (b) this Contract consists of all documents specified in the list of Contract Documents following this page; and (c) as authorized by TCEQ, Performing Party will conduct Contract Activities as pa rt of its own authorized governmental functi ons and TCEQ will reimb urse Allowable Costs subject to the Texas Uniform Grant Management Standards (UGMS ) and this Contract. Texas Commission on Environmental Quality (TCEQ) ~u~f;' Ramiro Garcia, Jr. Printed Name Deputy Director, Office of Compliance & Enforcement <( l S-l I <Title Da te \M.._ (f .-{,C,~n, · remen ls & Contracts Represen tative s\-\ \,,~(\. Q(ckm(,\j(\ Printed Name 1 (2q j IS- Da t e c ontract Authorisatioa J-~,-)1)/5 oat e I City of Fort Worth (P~~ ~C,L Authorized Signature __Ei_rt1.av1do Cost:a- A t C .L P&ted Name _ss . ,,~ ,-iian-s~,- fl ate OFFICIAL RECORD Page 1 of 51 CITY SECRETARY Co ntra ct: 582-16 -60018 City of Ft. Woril1 Whole Air Monitor ing FT. WORTH, TX CONTRACT DOCUMENTS LIST Cooperative R e imbursement 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 . [8J Contract Signature Page [8J Contract Documents List (this page) [8J Special Terms and Conditions [8J Federal Section (Including Federal Conditions and Completed Forms) [8J Scope of Work [8J General Terms and Conditions [8J Cost Budget [8J Notices, Project Represent atives and Records Locations [8J Exhibit F: Operations Secu r ity Procedures for the Bio -Watch Program [8J Exhibit G: Department of Homeland Security Management Directive 11042.1 [8J Exhibit H: Department of Homeland Security Non-Disclosure Agreement (Form 1100-6) [8J Financial Status Report [8J HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report Page 2 of 51 Contract: 582-16-60018 City of Ft. Worth Whole Air Monitoring Special Terms and Conditions Thes e conditions add to, or in the case of conflicts, supersede and take precedence over the general conditions set forth in this Contract. 1. The Contract period shall b e in effect from Contract execution through August 31, 2016 . TCEQ reserves the option to renew, by written agreement of the parties, the Contract for two (2) additional one (1) year periods. 2 . Any information provided to, gathered or produced by the Performing Party in connection with providing services under this Contract constitutes confidential information under Texas Government Code 418.176-77 and 418.181, and the Performing Party shall not release such information without prior written authorization of TCEQ. Confidential information includes, but is not limited to , the areas covered, the number of areas covered, the total number of monitors, the numbers of monitors in any given area, the specific location of monitors, the types of monitors, the identity of employees involved in the project, and the nature of the parameters monitored. Furthermore, information and materials provided pursuant to or resulting from this Contract may be export controlled, sensitive, for official use only, or otherwise protected by law, executive order or regulation. The Performing Party is responsible for compliance with all applicable laws and regulations. 3 . Force Maj eure. If either party is delayed in carrying out its obligations due to acts of God, labor stoppages, or other similar irresistible forces , the delayed Party shall give notice and full particulars of such delay, supported by sufficient evidence, in writing, to the other Party within a r easonable time after occurrence of the delay. The time of performance by the delayed Party shall be extended for such a period of time as is reasonably necessary to remedy the effects thereof. Force majeure does not include ordinary delays that are common to the industry or location. Forc e maj eure d oes not includ e an event of the sort that this network i s d esi gned to d etect. 4. Equipment. a. Subject to the obligations and conditions set forth in this Contract, title to all equipment acquired under this Contract shall vest, upon acquisition or construction, in Performing Party. b. Performing Party agrees to conduct physical property inventories, to maintain property records and nec essary control procedures , and to provide adequate maintenance with respect to all equipment acquired under this Contract. c. Performing Party may develop and u se its own property management system which must conform to all applicable state and lo cal laws, rules and regulations. If an adequate system for acco unting for personal property owned by the Performing Party or its subcontractor is not in place or currently in u se, the Property Accounting System Manual issued by the State of Texas Comptroller of Public Accounts shall be u sed as a guide for establishing such a system. d. Property records must be maintained to include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and the cost of the property, percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. e. A physical inventory of all equipment acquired or replaced under this Contract having an initial purchase price of Five Thousand Dollars ($5,000) or more shall be condu ct ed annually and the results of such inventories shall be reconciled with the appropriate property records. Property control procedures utilized by the Performing Party shall include adequate safeguards to prevent Page 3 of 51 Contract: 582-16-600 18 City of Ft. Worth Whole Air Monitoring loss, damage, or theft of the acquired property. Any loss, damage or theft shall be investigated. The Performing Party agrees to develop and carry out a program of property maintenance as necessary, to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such equipment is sold. f. All equipment acquired or replaced under this Contract shall b e used for the duration of its normally expected useful life to support the purposes of this Contract whether or not the original projects or programs continue to be supported by federal or state funds. g. Subject to the provisions of this Article, if no longer needed for the support of the authorized projects or programs referred to in the Scope of Work, equipment acquired under this Contract, whether original or r eplacement, may be used in support of other activities currently or p reviously supported by TCEQ or the Federal Government, or alternatively, may be made available for use on other projects or programs, providing such other use will not interfere with the work on those projects or programs for which such equipment was originally acquired. h. Performing Party may, for the purpose of replacing various equipment utilize d under this Contract, either trade or sell the equipment or properties referred to in Paragraph 4(a) of the Special Terms and Conditions, and use the proceeds of such trade or sale to offset the cost of acquiring needed replacement property. 1. Items of equipment with a current per unit fair market value of less than One Thousand Dollars ($1,000) may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. Methods used to d etermine per unit fair market value must be documented, kept on file and made available to the awarding agency upon request . Items of equipment with a current per unit market value of Five Thousand Dollars ($5,000) or more may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. Methods used to determine per unit fair market value must be documented, retained on file and made available to the awarding agency upon request. J. If prior to the termination date of this Contract, the Performing Party or its subcontractors or sub-grantees determine that any equipment acquired with funds provided as a result of this Contract is no longer needed for support of the programs or projects referred to in the Scope of Work, TCEQ may require the Performing Party to transfer title and possession to such equipment to TCEQ or a third party named by TCEQ. k. The Performing Party agrees that if a determination is made within six ( 6) years of the initiation date of this Contract, that any equipment acquired with funds provided as a result of this Contract is no longer needed for support of the programs or proj ects referred to in the Scope of Work, TCEQ has a right to require the transfer of any equipment having a fair market, per unit va lue of more than Five Thousand Dollars ($5,000) to TCEQ or a third party named by TCEQ. 5 . Administrative and Cost Principles . Performing Party agrees that the following Administrative and Cost Principles, as applicable, apply to this Contract: a . The Uniform Grant and Contract Management Act (UGCMA), Texas Government Code, Section 783.001 et seq., and the Uniform Grant Management Standards (UGMS) for State Agencies b. 2 CFR Part 200 6. 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: Page 4 of 51 Contract: 582 -1 6-600 18 City of Ft. Worth Whole Ai r Monitoring 6.1 Cumulative Annual Transfers Up To 10% 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. 6.2 Cumulative Annual Transfers Greater Than 10% 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 b e in the form of a Contract Amendment. 6.3 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. 6-4 All invoices must clearly show how this budget control requirement has been met. 7. Site V i sits. TCEQ and the Department of Homeland Security, through authorized representatives, have the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made on the premises of Performing Party, the Performing Party shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. 8. E-Verify: (Per Executive Order RP-80, issued December 3, 2014) Performing Party will utilize the U .S Department of Homeland Security's E-Verify system to determine the eligibility of all persons hired during the Contract term to perform work on the Contract. Performing Party will require all subcontractors on this Contract to perform the same verification. Page 5 of 51 Contract: 582-16-60018 C it y of Ft. Wort h Whole Air Monitoring Federal Conditions and Forms (GRANTS) ARTICLE 1. FEDERAL REQUIREMENTS This Agreement is funded in whole or in part with federal grant money. All applicable requirements of TCEQ's federal grants; 2 Code of Federal Regulations (CPR) Part 200, and any additional federal funding conditions that arise during the Agreement period, are incorporated herein by r eference. (TCEQ will provide copies of applicable federal grants or regulations upon request). The t erm "Performing Party" as used in these Federa l Conditions means either Performing Party, Grantee, or Co ntractor, as applica ble. ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS A royalty-free, non exclusive, and irrevocable license to u se, copy, publish, and modify any intellectua l property to which rights are granted or assigned to TCEQ in this Agreement are also granted to , assigned to, or reserved b y the Federal Government. ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT The Performing Party sh all acknowledge the fina ncial support of the TCEQ and the U.S . DHS whenever work funded, in whole or part, by this Agreement is publicized or reported in news media or publications . All reports and other documents compl eted as a part of this Agreement, other than documents prepared exclusively for internal use within the TCEQ, shall carry the fo ll owing notation on the front cover or title page: PREPARED IN COOPERATION WITH THE TEXAS COMMISSIONON ENVIRONMENTAL QUALITY AND U.S. DEPARTMENT OF HOMELAND SECURITY This project h as been funded wholly or in part by the United States Department of Homeland Security under assistance agreement (number) to Texas Commission on Environmental Quality. The contents of this document do not necessarily reflect the views and policies of the Department of Homeland Security, nor does the DHS endorse trade names or recommend the use of commercial products mentioned in this document. If the funding source is a U .S. agency other tha n U.S . DHS, the name of the appropriate federal agency should be substituted. ARTICLE 4. RECYCLED MATERIALS 1. When Performing Party procures $10,000 or more of a designated item in a fi scal year for this Contract or did so in the preceding fiscal year, Performing Party will select the item containing the highest percentage of recycled materials practicable as required by 42 U.S.C . 6962 and 2 CFR 200.322. This requirement does not apply to incidental purchased that are not a direct result of this Contract . Designated items are listed by the EPA in the most recent Consolidated Recovered Materials Advisory Notice. If the item with the highes t percentage of recycled materials does not meet performance standards or is not available in a reasonable time or at a reasonable price, or the purchase of the item would not allow a reasonable level of competition, Performing Party may select a different item . With its invoice, Performing Party will report any purchases to which this section applies to TCEQ and indicate the p ercentage of recycl ed materials in the items purchased. If Performing Party does not select the item containing the highest percentage of recycled materials, it will al so state the reason. 2. Paper for Reports to DHS. When directed to provide paper documents, the Performing Party agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to DHS. This requirement does not apply to reports prepared on forms supplied by DHS. Page 6 of 51 Contract: 582-16-60018 City of Ft. Worth Whole Air Monitoring ARTICLE 5 . ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT 1. Performing Party shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with 2 CFR § 200-49 . This system shall provide for the identification, accumulation, and segregation of allowable and unallowable project costs among projects. 2. Performing Party shall comply with the property management requirements of 2 CFR §§ 200 .310 through 200.316. ARTICLE 6 . RECORDS, ACCESS, AND AUDIT 1. The Federal Government and its agencies will have the same rights of access to records as are granted to, assigned to, or reserved by the TCEQ under this Agreement. The Performing Party shall maintain fiscal records and supporting documentation for all expenditures of funds pursuant to 2 CFR Part 200, Subparts D and F, as appropriate. 2. In accordance with 2 CFR 200 .501(a), the Performing Party shall obtain a single audit if it expends $750,000 or more a year in federal awards. ARTICLE 7. SUSPENSION AND DEBARMENT Performing Party shall fully comply with Subpart C of 2 CFR Part 180, entitled "Responsibilities of Participants Regarding Transactions Doing Business With Other Persons," as implemented and supplemented by 2 CFR Part 1532 . Performing Party is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Performing Party is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions . Performing Party acknowledges that failing to disclose the information required under 2 CFR § 180 .335 may result in the delay or negation of this agreement or pursuance oflegal remedies. Performing Party may access the System for Award Management at: https://www.sam.gov/portal/SAM/#1. ARTICLE 8. PROHIBITION ON USE O F FEDERAL FUNDS FOR LOBBYING AND LITIGATION 1. The Performing Party agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The Performing Party agrees that none of the funds paid under this Contract will be used to engage in the lobbying of the Federal Government in connection with obtaining any federal contract, grant, or other award, or in litigation against the United States unless authorized under existing law . 2 . In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibite d expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. ARTICLE 9. CIVIL RIGHTS OBLIGATIONS 1. In carrying out this agreement, the recipient must comply with: a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP), by entities receiving Federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance ; and c. The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving Federal financial assistance. 2. If the recipient is conducting an education program under this agreement, it must also comply with: Pag e 7 of 51 Contract: 582-16-60018 City of Ft. W orth Whol e A ir Monitoring a. Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance. 3. If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with: a. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in CWA-funded programs or activities . 4. Regulatory Requirements a. The recipient agrees to comply with all applicable civil rights regulations, including: 1. For Title IX obligations, 40 CFR Part 5; and ii. For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 CFRPart 7. m. These regulations establish specific requirements including maintaining compliance information, establishing grievance procedures, designating a Civil Rights Coordinator and providing notices of non-discrimination. 5. TITLE VI -LEP, Public Participation and Affirmative Compliance Obligation a. As a recipient of federal funds, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at htl:J)://www.epa .gov/civilrights/lepaccess.htm. 6. If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at h:ttP://edocket.access .gpo.gov/2006/pdf/06-2691 .pdf. 7. In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to DHS that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. ARTICLE 10. DISADVANTAGED BUSINESS ENTERPRISES (DB Es) 1. 2. 3 . 4. 5. 6. 7. The Performing Party shall not discriminate on the basis ofrace, color, national origin or sex in the performance of this contract. The Performing Party shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under DHS 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. Performing Party agrees that qualified DB Es shall have the maximum practicable opportunity to participate in the performance of the Work required under this Contract through possible subcontracts to carry out portions of the Work or any goods or services procured to directly support the Work. The Performing Party is required to make a good faith effort to include Historically Underutilized Businesses (HUBs) or DBEs on any procurement for subcontractors or suppliers/vendors for Work under this Contract. The Performing Party shall retain all records documenting compliance with good faith efforts while performing under the DBE program. Before terminating a DBE for convenience, the Performing Party must notify TCEQ in writing. 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. The Performing Party must pay its subcontractors for satisfactory performance no more than 10 days from the Performing Party's receipt of payment from TCEQ. Page 8 of 51 Contract: 582-16-60018 City of Ft. Worth Whole Air Monitoring ARTICLE 11. DEMONSTRATION OF COMPETENCY In accordance with EPA directive FEM 2012-02 Rev. 1, "Policy to Assure the Competency of Organizations Generating Environmental Measurement Data Under Agency-Funded Assistance Agreements," if the Work performed by the Performing Party or any of its subcontractors under this Contract includes generating or using environmental data through sample collection, field measurements and/or laboratory analysis, then it must document and maintain certification demonstrating the competency of individuals using or ge nerating environmental data under this Contract. Certification may include training records, certificates, or educational credentials . ARTICLE 12. TRAFFICKING IN PERSONS 1. Prohibition Statement -Performing Party may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time of the award; or use forced labor in the performance of the award or subaward under the award. a. TCEQ may unilaterally terminate this award, without penalty, if a Performing Party that is a private entity: (1) is determined to have violated an applic able prohibition in the Prohibition Statement above; or (2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement through conduct that is either (a) associated with performance under this award; or (b) imputed to the Performing Party using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement)", as implemented at 2 CFR Part 1532. The Performing Party must inform TCEQ immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement above . b. TCEQ's right to terminate unilaterally: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVP A), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to TCEQ under this award. ARTICLE 13. MISCELLANEOUS PROVISIONS 1. Drug-Free Workplace. The Performing Party must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536. Additionally, in accordance with these regulations, the Performing Party must identify all known workplaces under its federal awards and keep this information on file during the performance of the award. 2 . Hotel and Motel Fire Safety Act . Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the Performing Party agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Performing Party may search the Hotel-Motel National Master List at http: //www.usfa .dhs .gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. ARTITCLE 14. CONSULTANT SALARY CAP 1. The salary rate (excluding overhead) paid to individual consultants retained by the Performing Party is limited to the maximum daily rate for a Level IV of the Executive Schedule, available at: https://www.o pm.gov/policv-data-oversight/pay-leave/salaries-wages/, and adjusted annually. 2 . This limit applies to consultation s ervices of designated individuals with specialized skills who are paid at a daily or hourly rate. This salary limit applies unless the consultant was selected through a procurement process that conforms to Subpart D of 2 CFR 200. Page 9 of 51 Contract: 582-16-60018 C it y of Ft. Worth Whole Air Monito rin g 3 . Consultants are typically individuals who are experts with excellent qualifications and are usually regarded as authorities or practitioners of unusual competence and skill by other individuals en gaged in the same profession . ARTICLE 15. COST AND PRICE OF THIS AGREEMENT The Performing Party must comply with 2 CFR §200.323 . The Performing Party may request a form from TCEQ to use when performing a cost or price analysis. Page 10 of 51 Contract : 582 -16-60018 City of Ft. Worth Whole Air Monitoring Scope ofWork A. Facts/Purpose 1. The Texas Commission on Environmental Quality (TCEQ) has a need to contract for the service to operate and maintain a continuous, whole-air sampling network in the Fort Worth, Texas area. 2 . In general, information about program operations, including but not limited to, the locations and numbers of sites, cities, etc., is considered to be "For Official Use Only" (FOUO), and Sensitive but Unclassified (SBU) information. The Performing Party will protect such information in accordance with the U.S. Department of Homeland Security (DHS) Management Directive 11042.1 and the DHS Program Security Classification Guide (copies of both documents are attached). As such, the Performing Party cannot publish reports or disseminate information about this program to persons without a need to know unless otherwise approved in writing by a TCEQ Project Manager. Presentation content and a description of the measures to be taken to maintain confidentiality of the material must be approved in writing by TCEQ prior to its dissemination to persons not routinely associated with day-to-day operations . All Performing Party personnel who may have access to SBU or FOUO information will be required to sign the DHS Non-Disclosure Agreement Form (DHS Form 11000-6 (08-04) copy attached). 3. The proposed work must be performed in compliance with all applicable federal and state statutes, regulations, executive orders, Office of Management and Budget (0MB) circulars, and the terms and conditions presented herein. 4. The proposed work must also be performed in accordance with currently applicable Standard Operating Procedures (SOP) developed by DHS (reference follows), TCEQ, and the respective instrument manufacturers. (Ref Field SOP-Version 2.0; Date Issued: February 2014). In the event of conflict in procedural instructions, instructions approved by DHS shall prevail. 5. Funds provided under this Contract may only be used for the purposes set forth and relating to the program described below. B. TCEQ Responsibilities 1. Provide DHS-authorized equipment and supplies necessary to perform this service, unless otherwise noted under Section C (Performing Party Responsibilities) below. 2. Issue directives, guidance, and technical support consistent with DHS objectives as provided for under the current DHS cooperative agreement with TCEQ. C. Performing Party Responsibilities The Performing Party shall provide: 1. The capacity to readily transfer sensitive information through a secure means such as the program Portal or password-protected email. 2. Competent personnel who must meet the following requirements: a. Have U.S. citizenship; Page 11 of 51 Contra ct: 582 -16-6 001 8 C ity of Ft . W orth W hole Air Mo nito rin g b. Have successfully passed a background or suitability investigation consistent with specific guidance from DHS or the local Federal Bureau of Investigation (FBI); c. Have no criminal record of felonies; and d. Have passed an "Initial Display of Analytical Capability (IDAC)" if involved in the operation of a collector (form provided by TCEQ). Failure to comply with these personnel requirements may be considered a material failure to comply with the Contract Terms. 3. Communications devices assigned to all personnel (smart phones or equivalent) who are directly and routinely involved in field activities associated with management of the network so that after-hours communication capability is maintained. 4. Appropriate, readily-available vehicles for providing routine network operation and maintenance duties as well as timely and applicable after-hours activities associated with responding to an emergency action. 5. All minor equipment or supply components considered either durable (e.g., hinges, locks) or consumable/disposable (e.g., fuses, wiring, wipes, gloves) and normally available at a local hardware or electronics store. All purchases are subject to review. Purchases exceeding $1,000 require prior TCEQ written (email) approval. D. Qualifications and Experience Site operators shall have sufficient hands-on experience with the operation and maintenance of high-volume, ambient-air particulate sample collectors as necessary to pass the IDAC as required in Article C.2.d. listed above. E. Description and Schedule of Deliverables All deliverables must be in accordance with currently applicable guidelines including the DHS Compendium of Standard Operating Procedures referenced in Article A-4-, listed above, and any other guidance es t ablished by DHS, CDC (Centers for Disease Control and Prevention), DHS- designated national laboratories, or TCEQ, as app li cable. The Performing Party shall provide: 1. Collection of air-monito ring samples from all active collectors in the network, seven (7) days a week, including, but not limited to, operations, maintenance, Quality Assurance/Quality Control (QA/QC), data review, and reporting on these activities in accordance with currently applicable SOPs. 2. Delivery of the collected daily samples to the designated analytical laboratory no later than 10:00 am or an earlier time that the laboratory and field office have agreed to, and no later than three (3) hours following the collection of any individual sample, unless otherwise approved by TCEQ. 3 . Assurance that each sample is collected in accordance with the guidelines specified in the applicable DHS SOP, subj ect to approval by TCEQ . 4. Exclusive utilization of the Sample Management System (SMS) protocol, including software and hardware, as provided and approved by DHS or the DRS-designated national laboratory. 5. Completion and storage of all required documentation in accordance with the guidelines specified in the referenced DHS SOP, including but not limited to: Page 12 of51 Contract: 582-1 6-6 0018 C ity of Ft. Worth Who le Ai r Mo nito ring a. The designated Filter Holder Log Form and chain-of-custody (COC) documentation; b . The creation of electronic backup files on securely-stored removable media; c. The maintenance of each full year's data records in a secure location for one (1) full year following December 31st of the year in which the data was generated; and, d. The subsequent destruction of documents in accordance with applicable DHS SOPs. 6. An accurate and current record and concatenation (linking) of the unique identification (ID) numbers of each collector with relevant site location information. Notification to TCEQ must be made as soon as reasonably possible, but no later than 3:00 p.m. local time on the same day that changes are made. 7. Upon request, assist TCEQ in the identification, improvement, or relocation of new or existing collector sites . 8. Notice to TCEQ of any significant exceptions to the normal sample-collection routine. Notification must be made by telephone, as soon as possible and no later than 3:00 pm on the day of discovery. TCEQ shall provide a list of after-hours contact telephone numbers . These exceptions include, but are not limited to: a. Collector failures or downtimes regardless of duration; b. Site start-up or closure (whether seasonal or permanent, planned or unexpected); c. Collector relocations, even if on the same facility (note that approval must be received from TCEQ for any relocation of network collectors); d. Special-event monitoring (i .e., activation of spare collectors) when authorized by TCEQ. Costs associated with special-event monitoring are not reimbursable under this Contract without approval by TCEQ; e. Any breach of security including tampering, break-in, theft, defacement, or other suspicious activity; f. Failure to meet sample delivery or reporting deadlines including notification of the sample-receiving lab in the event of a missed delivery deadline or exception that will affect the daily routine of the lab; g. Any deviation from normal operations or the approved and currently applicable SOP; or, h. Any changes in personnel whereby a person will be given access to sensitive program information or whose existing access is being eliminated or limited. 9. A minimum of one (1) representative from the jurisdiction's environmental field operations to participate in the annual national workshop. 10. Appropriate training of p ersonnel assigned to operations as well as the maintenance of a pool of appropriately trained personnel. 11. Assignment of persons experienced with operations to be readily available via electronic communications on a 24-hour, 7-day per week, 365-day per year basis. 12 . Maintenance of current and accurate information on the DHS-sponsored internet portal including, but not limited to: a. Personnel; b. Equipment (including active and reserve PSU operational status, r ep lacements, repairs, etc.); Page 13 of 51 Contract: 582-16-60018 City of Ft. Worth Whole Air Monitoring c. Site information changes (including facility name, physical address, current facility/site 24-hour contact info, on-site equipment reorientation, expected and unexpected site changes with the potential to affect monitoring); and, d . Response-readiness capabilities (including staff, equipment, or policy changes) previously confirmed with TCEQ. Changes in the above information must be corrected on the portal as soon as possible, but no later than 24 hours after planning or becoming aware of the change ( excluding changes also considered to be "ex ceptions ", which must be reported before 3:00 pm on the day of discovery). 13. Traceable records shall be maintained, as they occur, on the portal using the "Web -Based Data Collection Tool". If the "Web-Based Collection Tool " is not being utilized then written quarterly reports shall be submitted to TCEQ electronically within twenty (20) days following the end of each calendar quarter and in accordance with established security procedures that include the following: a. Identification of the primary Point(s) of Contact (POC) and all staff conducting operations with notation of any changes from previous reports (e .g., new hires or turnover); b . QA information as specified in the currently applicable SOP; c . Co ll ector inventory details including number of operable and non-operable collectors in reserve (i.e ., spares); and, d. Summary of exceptions that occurred within the referenced quarter and a discussion of efforts made to prevent future exceptions. 14. Invoicing on a quarterly basis accompanied by a detailed breakdown of expenditures including, but not limited to: a . Personnel time specifying persons billing under this Contract by name, position, and cost; b . A brief descript ion of the activities relating to the program for which a person's time is billed; c. Fringe benefits; d. Travel outside of the normal work routine, including mileage/transportation (including pre-approved travel costs related to training); e. Equipment (including pre-approved vehicle purchases); f. Supplies ; and, g. Other relevant expenses (e .g. vehicular fu el and maintenance costs). All expenses for which reimbursement will be sought under this contract must be 100 %- related to program or otherwise apportioned according to the percent of the expense that is specifically related to this Scope of Work. 15. Continual maintenance of an inventory of any equipment purchase d and/or provided by TCEQ having a cost of $5,000 or more per unit. The inventory shall include a description of the item, serial number, TCEQ inventory number (as applicable) and purchase amount. Se e Article 4(e) of the Special Terms and Conditions. The inventory must include a separate list of all durable equipment including air-samplers/collectors, hand-held measurement devices, Page 14 of 51 Co ntract: 582-16-60018 City of Ft. Worth Whole A ir Monitoring personal protection equipment, or other items purchased by Performing Party may be utilized in performing the Scope of Work regardless of the source of funding. 16. Maintain a level of inter-governmental exchange and situational awareness through substantial participation in local planning and training activities including, but not limited to, attendance at local program-related meetings; participation in local and regional exercises; maintaining routine communications with TCEQ (including TCEQ scheduled conference calls); assist TCEQ, upon request, with meeting local and statewide response- planning objectives including collaboration with other program jurisdictions to provide equipment and/ or personnel support, and as requested or necessitated by unforeseen events. F. Acceptance Criteria If, during any quarter, a 95% effici ency in filter delivery to the laboratory is not met (excluding missed deliveries due to acts of God), TCEQ may take actions consistent with Section 7 of the General Terms and Conditions. Page 15of 5 1 Co ntrac t: 582 -1 6-60018 City of Ft. Wo rt h Who le A ir Mo nitoring GENERAL TERMS AND CONDITIONS for Cooperative Reimbursement Contract for State Agencies and Local Governments 1. CONTRACT PERIOD 1.1. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signat ure Page. If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If n o Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in wh ich the Contract is signed. 1.2. Amendme nts . 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. 1.3. Extensions. TCEQ may by unil ateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1 Availability of F unds . This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the p urposes of this Contract or the respective claim, suit or obligation, as applicable. Performing Party will ensu re that this article is included in any s u bcontract it awards. 2.2 Maximum A uthorized R e imburs ement. 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 Fi s cal Y ear R e strictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and wit hin the time limit s applicab le to the funds from which the Contract is being paid. TCEQ is under n o obligation to offer deadline extensions which extend to the maximum availability of the contract funding source. 2-4 Gr ants. If this Contract was entered und er the TCEQ 's authority to award grants, TCEQ is providing fi n ancial assistan ce to the recipient to undertake its own project. 2.5 No D e bt a g ains t the St a t e . This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 3 . ALLOWABLE COS TS 3.1 Co nforming Activities . TCEQ will reimburse the Performing Party for necessary and reasonable Allowabl e Costs that are incurred and paid by the Performin g 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 r estricted 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 thi s 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. Reimbursem ent Requ ests . Performing P arty shall invoice TCEQ to request reimbursement for its Allowable Costs for performing the Scop e of Work. Performing Party's invoice shall confirm to all reimbursement r e quirements specified b y TCEQ . 4.2. Conditional Paym.ents . Reimbursements are co nditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for Page 16 of 51 Contract: 582-16-60018 City of Ft. Worth Whole A ir Moni t oring either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.3. No Interest for Dela yed Pay ment. Becau se the Performing Party is not a ven dor 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 t o fina l payment or settlement, or both, the Performin g Party shall execute and deliver to the TCEQ a rel ease of all claims again st the TCEQ for payment under this Contract. 5. F INANCIAL RECORDS, A CCESS AND AUDITS 5.1 A udit of Funds. Th e Performing Party under stands t h at acceptance of funds under this Contract acts as acceptance of the au thority 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 t o fully cooperate with t h e Stat e Auditor's Office or its successor in the co n duct of the audit or investigation, in clu ding providing all records requested. Performing Party shall ensure that this clause concerning the audit of fu n ds accepted under this Contract is included in any sub co n tract it awards. 5 .2 Financial Records. Performing Party sh all establish an d maintain fi n ancial records includin g records of cost s of the Sco p e of Work in accordance with generally accepted accounting practices. Upon request Performing P arty shall submit records in support of reimbursement requests. Performing Party s h all allow access du rin g bus iness hours t o its financial records by TCEQ and other st at e agencies for the purpose of inspection and au dit. Financial records regarding this contract shall be ret ained for a period of three (3) years after date of submission of the final reimbursemen t r equ est. 6. P ERFORMING PARTY'S RESPONSIBILITIES 6.1 Performing Party's Respons ibility for the Scope of Work. Performing Party undertakes perform ance of the Scope of Work as its own proj ect and does not act in any capacity on beh alf of the TCEQ nor as a TCEQ agen t or empl oyee. Performing Party agrees that the Scope of Work is furnished and performed at Performing Party's sole risk as to the means, methods, design, processes, procedures and performance. 6.2 Independent Contractor. The parties agree that the Performing Party is an independent contract or. Nothing in this Contract shall create an empl oyee-employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint ven ture between TCEQ and the Performin g Party. 6.3 P e rforming P arty's Res pons ibilities for Subcontra ctors. 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 N o Tirird Party Ben efici ary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of t h ird parties. Nothing in this Contract shall create a contractual rel ationship 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 Del ays. 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 cas e of Force Majeure or act ofTCEQ). 8 . CONFLICT OF INTEREST Page 17 of 51 Contra ct: 582-16-60018 City of Ft. Worth Whole Air Monitoring The Performing Party shall timely notify TCEQ in writing of any actual, apparent, or potential conflict of interest regarding the Performing Party or any related entity or individual. No entity or individual with any actual, apparent, or potential conflict of interest shall take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination for cause. 9. DATAANDQUALITY 9.1 Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. · 9.2 Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ , TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non-reimbursement of expenses related to the associated activities. 9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a l aboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code Section 25.6. 10. INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise-wise license to reproduce, publish, otherwise us e, 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 nonexcl usive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, modify or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scop e of Work, intellectual property created under this Contract, and associated user documentation. 11. INSURANCE AND INDEMNIFICATION 11.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. 11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF Page 18 of 51 Contract: 582-16-60018 City of Ft. Worth Who le Air Monitoring OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS , REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12. TERMINATION 12.1 Termination for Cause. TCEQ may, upon providing 10 days' written notice and the opportunity to cure to the P erforming Party, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ 's other remedies authorized by this Contract or by law. 12.2 Termination for Convenience. TCEQ may, upon providing 10 days' written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination . Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. 12.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience ofTCEQ. 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 unilateral amendment, constitutes a release of Performing Party from liability under this Contract. 13 .2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of Performing Party's nonconformance, TCEQ may do one or more of the following: 13 .2.1. 13.2.2. 13.2.5. Issue notice of nonconforming performance; Rej ect nonconforming performance and request corrections without charge to the TCEQ; Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; Suspend all or part of the Contract Activities or payments, or both, pending accepted revision of the nonconfor mity; Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without furth er obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 13-4 Cumulative Remedies. Remedies are cumulative; the exercise of any reme dy under this Contract or applicable law do es not preclude or limit the exercise of any other remedy availabl e under this Contract or applicable law. Page 19 of 51 Contract: 582-16-60018 City of Ft. Worth Whole Air Monitoring 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by l aw. 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 compl etion of the Contract, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ 's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 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 h eadings of the sections contained in this Contract are for convenience only and do not control or affect the m eaning 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 accept ed means . 15,4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 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 l aw. 15 .6 Severability. If any provision of this Contract is found by any court, tribunal or administrative body of comp et ent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the s evered provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provis ion as will be legal and enforceable. 15.7 Assignment. No delegation of the obligations, rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will releas e or discharge the Performing Party from any duty or responsibility under the Contract. 15.8 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas, because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 15 .9 Publication. Performing Party agrees to notify TCEQ five Cs) days prior to the publication or advertisement of information r elated 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 b y TCEQ, no act or omission will constitute a waiver or release of Performing Party's obligation to p erform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion . Page 20 of 51 Contract: 582-16 -60018 City of Ft. Worth Who le Air Moni toring 15.11 Compliance with Laws. TCEQ relies on P erforming Party to perform all Contract Activities in co nformity wi th all appli cable laws, r egulations , and rules and obtain all necessary permits and licenses . 15.12 Counterparts. This Contract may be signed in any number of copies . Each copy wh en signed is deemed an original and each copy constitutes one and the same Contract. 15.13 Accessibility. All electronic content and documents created as deliverables under this Contract must m eet the accessibility standards prescribed in 1 Texas Administrative Code sections 206 .50 and 213 for st ate agen cy web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. Page 21 of 51 Contract: 582-16-60018 City of Ft. Worth Whole Air Monitoring Cost Budget Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: Budget Category Cost for Work to be Performed Salary / Wages $ 217,000.00 Fringe Benefits $ 81,895.80 (37.74%) Travel $5,000.00 Supplies $27,000.00 Equipment $0.00 Contractual $0 .00 Construction $0.00 Other $28,200.00 Indirect Costs $64,202.82 Total $423,298.62 2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is 21.48% of (check one): ~ salary and fringe benefits D modified total direct costs D other direct costs base If other direct cost base, identify: This rate is less than or equal to (check one): D approved predetermined rate ~ experienced-based predetermined rate D default rate 3. Other. If Budget Category "Other" is greater than $25,000 or more than 10 % of budget t otal, identify the main constituents: ISS Leased Equipment, Cellular/Mobile Phone Service 4. Budget Categories . The Budg et Categories above have the definitions , r e quirements and limitations stated in UGMS. Construction costs are not reimbursable without prior, specific written authorization from TCEQ. Page 22 of 51 Contract: 582-16-60018 City of Ft. Worth Who le Air Monitoring 5. Budget Control. Actual costs to be reimbursed for each line item above must not exceed ten percent (10%) over the budgeted amount for that line item. Total costs to be reimbursed must be at or less than the total specified. All invoices must be submitted in a format that clearly shows how this requirement is being met. 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 quarterly 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 Chargeback 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 TO THE COMPTROLLER BEFORE THE END OF THE FISCAL YEAR. 8. 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 records subject to the terms of this Contract. 10. 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 reimbursable rate must be less than or equal to the rate authorized under UGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect costs, Performing Party is contributing its unreimbursed indirect costs to the successful performance of this Contract, and waives any right it may have to reimbursement of those costs (if this Contract requires matching funds, Performing Party may claim its unreimbursed indirect costs as part or all of its match). 11. Indirect Rates Authorized under UGMS. The following rates are authorized under UGMS: 11.1 Approved Predetermined Rate. An approved predetermined rate is an indirect cost rate agreed to within the prece ding 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 b y the Governor. An approved predetermined rate shall be 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 Page 23 of 51 Contract: 582-16-60018 City of Ft. Worth W hole Air Monitoring 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 indirect 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. Pa ge 24 of 51 Co ntract : 582-1 6-60018 Ci ty of Ft . Worth Who le A ir Monito ring NOTICES, REPRESENTATIVES, AND RECORDS LOCATION 1. Representatives. The individual(s) named below are the representatives ofTCEQ and Contractor. They are authorized to give and receive communications and directions on behalf of the TCEQ and Contractor as indicated below. All communications including official contract notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Representatives. Either party may change its representatives by unilateral amendment. 3 . TCEQ Representatives. TCEQ CONTRACT MANAGER (for Contractual Matters) Paul Groves Contract Specialist 177 (Title) (Mail Code) Texas Commission on Environmental Quality P.O . Box 13087 Austin. Texas 78711 -3087 Telephone No .: (512)239 -6761 Facsimile No.: (512)239-0404 TCEQ PROJECT MANAGER Dan McClellan ~W~h=o=le~Ai=·~r~C=oo=r=d=in=a=to=r ___ =17~7 __ _ (Title) (Mail Code) Texas Commission on Environmental Quality P.O . Box 13087 Austin, Texas 78711 -3087 Telephone No.: (512)239-6306 Facsimile No.: (512)239-0404 4. Contractor Representatives. For Contractual Matters: Michael Kazda (Name) Environmental Supervisor (Title) 1000 Throckmorton Street (Maf~rt1Wbrt~ TX 76102 (City) (State) (Zip Code) Telephone No.: Facsimile No.: TCEQ PROJECT MANAGER (For Homeland Security) Michelle Havelka. Manager Homeland Securitv Section (Title) 177 Mail Code Texas Commission on Environmental Quality P.O . Box 13087 Austin, Texas 78711-3087 Telephone No.: (512)239-3828 Facsimile No.: (512)239-0404 For Technical Matters: Michael Kazda (Name) Environmental Supervisor (Title) 1000 Throckmorton Street (MEiling Mdr~ss) f-ortwortn (City) Telephone No.: Facsimile No.: TX 76102 (State) (Zip Code) 5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager. Page 25 of 51 Contract: 582-16-60018 City of Ft. Worth Whole Air Monitoring 6. Designated Location for Records Access and Review. Contractor designates the physical location indicated below for record access and review pursuant to any applicable provision of this contract: Seventh Floor (Physical Location Address Line 1) 908 Monroe Street (Physical Location Address Line 2) Fort Worth, TX 76102 (City),(State),(Zip Code) Page 26 of 51 Contract : 582-16-60018 City of Ft. Worth Who le Air Monitoring \ i Exhibit F Operations Security .Procedures for the Bio-Watch Program ·27 February 2003 1. Refe;ences: NationaJ Security Decision Directive (NSDD) 'Number 298; Nati~nal Operations Security Program; The White House, Washington D.C.; Dated: January 22, 1988 · 2. Scope an .4 Applicability: . . . This document describes the procedures necessary.to protect information associated with the Bio-W ~tch Program. Information th.at is generally available to the public tbrough · observation or access to open sources of information can reveal the existence of, and sometimes details about sensitive information or undertakings. Application of the operations ·security (OP SEC) process promotes operationaJ effectiven_ess by helping to prevent the inadvertent ·compromise of sensitive goyernment activities, capabilities or intentions. For Bio-Watch, the information the public needs to know is that the program is a US . Environmental Protection Agency managed air-monitoring program. R~quests for additional program information need to be'formally submitted to the .US EPA, and ifreqµired, to the Centers for Disease Contrql and Preven~on (for laboratory issues) or the Department of Homeland Security (for other progr~atic issues). 3_ Summary of Method· . Toe· operations security process involves five steps: identification of sensitive inforrnati on, anaiys1s of threats, analysis of vulnerabilities, assessments of risks, and application of . appropriate countermeasures.· The Bio-Watch.process began with an examination of the total activity to detern;rine what exploitable indicators could be pieced together to discern critical information. The indicators :Stem from routine administrative, physical, or technical aqtions taken·to ·plan, train and execute the Bio-_watch program.· . . Once the indicators are identified, they are analyzed against the threat to .'determine the extent . to which they may reveal critical information., The program manager in conjunction yvith . other Bio -Watch participants,. used risk assessment to select and adopt countermeasures. 4. Sensitive Information a. Number of cities actually protected b. Names· of cities actually protected c. · Agents to be detected_ d, Size of attacks that can be detected e. Names of individuals involved in th~ deployment f · Names of .citie s not protected · · g . Anything th at provides information about areas not-monitored by Bio-Watch --e.g . detects onl y outdoors, or protects only facilities, or only special v enues or does not' monitor h . Nature of attacks that cannot ·be detected i. · Specific equip ment or protocols used Pag e 2 7 of 5 1 Contract : 582-16-60018 · C ity of Ft. Worth W ho le A ir MonJ t ori ng } ......... ·--I .......... ··- ... ····· . Exhibi t F ', • o l I •• 5. .Analysis of threats a. "Terrorists " b. Environmental activists c. Disgruntlediemployees/clisaffected/disrupter 6. Analysis of Vulnerabilities a. Detector location accessibi1ity and lack of physical security b_. Sabotage of fil t er when installed .in collector, enroute, or -at:lab for proce~sing c. .Sampler.results and.imbsequen,t.chain of.custody · d .. Program ass·ociates (empki yees and tho~eJrn.owledge~ble of the program) . . . 7. · Application of appropriate countermeasures a. .Physical · se·curity b. Tag:names'for cities . . ·c. , Data enily,.processing, and .accessJJassword protected d. · Sensitivicy.,to :personneLreliability . : . • ; • !, ' •. ,: ..• :' .-i · ·e. · Background clearance ch~cks ,():htional .Agency Check, or local backgro~d checks) f.. . Initial: OP.SEC.-training .and ·mmu.al refresher ·tra.imng · .. . 8.' Ultimately, responsibility fo r protecting the information associate d-with the Bio-Watch . program rests with those asso·ciated with the program. No training :or.policy document :can .address -every ,concdvab le issue.that may arise. J V.:hen an ·indi;vidual encount ers a . : situation where th.~y fee l th.ey need ,gi.I.idance when questione d ab.out the Bio:.w atch .prqgra.m, or .how to handle .requests for information, tb.~y :~hould refer :the individual to the appropriate Department of Homelan d.Security representativ e. r . • . Page 28 of 5 1 Con tract: 582-16-600 18 C ity of Ft. Worth Who le Ai r Mon itoring I ·1. i ) .) ' Exh ib itG Department of Homeland Security Management Directive System MD Number: 11042.1 SAFEGUARDING SENSITIVE BUT UNCLASSIFIED (FOR OFFICIAL USE ONLY) . INFORMATION 1.6.2006 1. Purpose This directive establishes Department of Homeland Security (OHS) policy regarding the identification and safeguarding of sensitive but unclassified information originated within OHS. It also applies to other sensitive but unclassified information received by OHS from other government and non-governmental activities. 2. _ Scope This directive is applicable to all DHS Headquarters, components, organizational elements, detailees, contractors, consultants , and others to whom access to information covered by this directive is granted. 3. Authorities Homeland S~curity Act of 2002. \ 4. Definitions Access: The ability or opportunity to gain knowledge of information . For Official Use Only {FOUO): The term used within OHS to identify unclassified information of a sensitive nature , not otherwise categorized by statute or regulation, the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national interest. Information impacting the National Security of the United States and classified Confidential, Secret, or Top Secret under Executive Order 12958, "Classified Nationa l Security Information," as amended, or its predecessor or successor orders, is not to be considered FOUO. FOUO is not to be considered classified information. Need-to-know: The determinatio"n made by an authorized holder of information that a prospective recip ient requires access to specific information in order to Page 29 of 51 MD 110 42 .l Contract: 582-16-60018 City of_Ft. Worth Whole A ir Mo nitoring --------··-----·-------··-· Exhibit G perform o r assist in a lawful and authorized governmental function, i.e., access is required for the performance of official duties : Organizational Element: As used in this directive, organizational element is as defined in OHS MD Number 0010.1 , Management Directive System and OHS Announcements . Protected Critical Infrastructure Information (PCII): Critical infrastructure information (Gil) is defined in 6 U.S.C. 131 (3) (Section 212(3) of the Homeland Security Act). Critical infrastructure information means information not customarily in the public domain and related to the security of critical infrastructure or protected systems. Protected Critica l Infrastructure Information is a subset of Gil that is voluntarily submitted to the Federa l Government and for which protection is requested under the PCII program by the requestor. Sensitive Security Information /SSI): Sensitive security information (SSI) is defined in 49 C.F.R. Part 1520. SSI is a ·specific category of information that requires protection against disclosure. 49 U.S.C. 40119 limits the disciosure of information obtained or developed in carrying ou t certain security or research and developmen t activities to the extent that it has been determined that disclosure of the information would be an unwarranted invas ion of personal privacy; reveal a trade secret or privileged or confidential commercial or financia l information ; or be detrimental to the safety of passengers in transportation. 5. Responsibilities A. The OHS Office of Security will: 1. Be responsible for practical application of all aspects of the program to protect FOUO. 2. Promulgate Department-wide policy guidance. 3. Develop a nd implement an education and awa reness program for the safeguarding of FOUO and other sensitive but unc lassified information. B. Heads of OHS Organizational Elements will: 1. · Ensure compliance w ith the sta ndards for safegua rding FOUO and other sensitive but unclassified info rmation as cited in this directiv e. 2. Designate an official to serve as a Security Officer or Security Liaison . C.. The organizati onal element's Security Officer/Secur ity Liaison will: Page 30 of 51 MD 11042.1 Contract: 582 -16-60018 City of Ft. W orth Wh ole Air Monito ring Exhibit G Be responsible for implementation and oversight of the FOUO information . protection program and will serve as liaison between the DHS Office of Security and other organizational security officers. · D. OHS employees, detailees, contractors, consultants and others to whom access · is granted will: · 1. Be aware of and comply with the safeguarding requirements for FOUO information as outlined in this directive. 2. Participate in formal classroom or computer based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information. 3. Be aware that divulging information without proper authority could result in administrative or disciplinary action .. E. Contractors and Consultants shall: Execute a OHS Form 11000-6, Sensitive But Unclassified Information Non- Disclosure Agreement (NOA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to OHS, but to whom access to information will be granted, may be requested to execute an NOA as determined by the applicable program manage~. Execution of the NOA shall be . effective upon publicatron of this directiv~ and not applied retroactively . F. Supervisors and managers will: 1. Ensure that an adequate level of education and awareness is established and maintained that serves to emphasize safeguarding and prevent unauthorized disclosure of FOUO information. 2. Take appropriate corrective actions, to include administrative or disciplinary action as appropriate, when violations occur. 6. Policy and Procedures A General 1. The Computer Security Act of 1987, Public Law 100-235, defines "sensitive information" as "any information, the loss , misuse, or unauthorized access to or modification of which could adversely affect the national interest or : the conduct of 'Federal programs , or the privacy to which individuals are entitled under Section 552a of Title 5, United States Code (the Privacy Act) but which has not been specifically authorized under criteria establ ished by an execut ive Page 31 of 51 MD 11042.l Contract: 582-1 6-60018 C ity of Ft. _Worth Whole Air Monitoring :-, __ _ -...... ··------------- Exhibit G order or an act of Congress to be kept secret in the interest of national defense or foreign policy ." However, with the exception of certain types of information protected by statute, specific, standard criteria and terminology defining the types of information warranting designation as "sensitive information" does not exist within the Federal government. Such designations are left to the discretion of each individual agency. 2. Within the "sensitive but unclassified" arena , in addition to the various categories of information specifically described and protected by statute or regulation, e.g., Tax Return Information, P,rivacy Act Information, Sensitive Security Information (SSI), Critical Infrastructure Information (CII), Grand Jury Information, etc. There are numerous additional caveats used by various agencies to identify unclassified. information as sensitive , e.g., For Official Use· Only; Law Enforcement Sensitive; Official Use Only; Limited Official Use; etc. Regardless of the caveat used to identify it, however, the reason for the designation does not change. Information is designated as sensitive to control and restrict access to certain information, the rele.ase of which could cause harm to a person 's privacy or welfare, adversely impact economic or industrial institutions, or compromise programs or operations essential to the safeguarding of our national interests. 3. Information shall not be designated as FOUO in order to concea l government negligence, ineptitude, illegalities, or other disreputable circumstances embarrassing to a government agency. 4. Information designated as FOUO is not automatically exempt from disclosure under the provisions of the Freedom of Information Act, 5 U.S.C. 552 , (FO!A). Information requested by the public under a FOIA request must still be reviewed on a case-by-case basis: 8 . For Official Use Only Within OHS, the caveat "FOR OFFICIAL USE ONLY" will be used to identify sensitive but unclassified lnformation within the OHS community that is not otherwise specifically described and governed by statute or regulation. The use of these and other approved caveats wlll be governed by the statutes ·and regu lations issued for the applicable category of information . C. Information Designated as FOUO 1. The following types of information will be treated as FOUO information. Where info rm ation cited below also meets the standards for designation purs uant to other existing sta tutes or regulations, the applicable statutory or regula tory guidance will take . precedence. For example, should information meet the standards for designation as Sensitive Security In formation (SSI), then SSI guidance for marking , handling , and safeguardi ng will take p rec edence. Page 32 of 51 M.0 110 42 .l Contract: 582-16-600 18 City of Ft . Worth W ho le Air Monito ring \ Exhibit G · (a) Information of the type that may be exempt from disclosure per 5 · U.S.C. 552, Freedom of Information Act, and its amendments. Designation of information as FOUO does not imply that the information is already exempt from .disclosure under FOJA. Requests under FOJA, for information designated as FOUO, will be reviewed and processed in the same manner as any other FOJA request. (b) Information exempt from disclosure per 5 U.S.C. 552a , Privacy Act. (c) Information within the international and domestic banking and financial communities protected by statute , treaty, or other agreements. (d) Other international and domestic information protected by statute, treaty, regulation o r other agreements. (e) Information that could be sold for profit. (t) Information that could result in physical risk ·to personnel. (g) OHS information technology (IT) internal systems data revealing infrastructure used for servers, desktops, and networks; applications name , version and release ; switching, router, and gateway information ; interconnections and access methods; mission or business use/need. · Examples of information are systems inventories and enterprise architecture models. Information pertaining to national security systems and eligible for classifica t ion under Executive Orde r 12958, as am.ended , will be classified as appropriate . (h ) Systems security data revealing the security posture of the system . For example , threat assessments , system security plans, contingency plans , -ri sk management plans , Business Impact Ana lys is studies, and Certification and Accreditat ion documentat ion. (i) Reviews or reports ill ustrating o r disclosing facility infrastru cture o r secu rity vulnerabilities, whether to persons , systems , or facilities , not otherwise eligible for classification under Executive Orde r 12958, as ame nded . U) Information th at cou ld constitute an ind icato r of U.S. government inlentions, capabilities , opera t ions, or activities or otherwise threaten .operat ions security. (k) Deve lop ing or current tech _n ology, the release of which could hinder the objectives of OHS, compromise a technologica l advan t ag e or counte rmeasure , c au se a denial of service , o r provi de an adversary wi th Page 33 of 51 MD 1104 2 .1 Contract: 582-16-60018 City of Ft. Worth Who le A ir Monitoring \ ! Exhibit G sufficient information to clone , counterfeit, or c ircumvent a process or system . 2. Other government agencies and international organizations may use different terminology to identify sensitive information, such as "Limited Official Use (LOU)," and "Official Use Only (OUO)." In most instances the safeguarding requiremen ts fo r this type of information are equivalent to FOUO. However, other agencie.s and international organizations may have additional requirements concerning the safeguarding of sensitive information. Follow the safegua rding gu idance provided by the other agency or organ ization . Should there be no such guidance , the information will be safeguarded in accordance with the requirements for FOUO as provided in this manual. Should the additional · guidance be less rest rictive than in this directive, the information will be safeguarded in accordance with this directive. D. Designation Authority Any OHS employee, detailee , or contractor can designate information falling within one or more of the categories cited in section 6 , parag raph C , as FOUO. Officials occupying supervisory or managerial positions are authorized to designate other information, not listed above and originating under their jurisdiction, as FOUO. · E. . Duration of Designation Information designated as FOUO will retain its designation until determ ined otherwise by the originator ora supervisory or management officia l having program management responsibility over the originator and/or the information . F. Marking 1. Information designated as FOUO will be sufficiently marked so that · persons having access to it are aware of its sensitivity and protection requirements. The lack of FOUO markings on materials does not relieve the holder from safeguarding responsibilit ies . Where the FOUO marking is not present on materials known by the holder to be FOUO, the holder of the mat e rial will protect it as FOUO. Other sensitive informat ion protected by statute or regulation , e.g., PCII arid SSI, etc ., will be marked in accordance with the applicable gu idance fo r tha t type of information . Information marked in accordance with the guidance provided for the type of informat ion need not be addit ional ly marked FOUO. (a) · Prominen tl y mark t he bottom of the fron t cover, first page , t itle page, bac k cove r and each individual page conta ining FOUO info rm ati on · wi th the caveat "FOR OFFICIAL USE ONLY." · Page 34 of 5 1 MD 110 42 .1 Contract: 582-16-60018 City of Ft. Worth Who.le Air Mon itorin g Exhibil G (b) Materials containing specific types of FOUO may be further marked with the app"licabJe caveat, e.g., "'LAW ENFORCEMENT SENSITIVE," in order to alert the reader of the type of information conveyed. Where the sensitivity of the information warrants additional access and dissemination restrictions , the originator may cite additional access and dissemination . restrictions. For example: WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information. This information shall not be distributed beyond the original addressees without prior authorization of the originator. · (c) Materials being transmitted to recipients outside of OHS , for example, other federal agencies,.state or, local officlals, etc. who may not be aware of what the FOUO caveat represents, shall include the following additional notice: WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). ft contains information that may be exempt from public release under the Freedom of Information Act (5 U.S. C. 552). It is to be controlled, stored, . handled, transmitted, distributed, and disposed of in accordance with OHS policy relating to FOUO infonnation and is not to be released to the public or other personnel who do not have a valid "need-to-know" without prior approval of an authorized OHS official. (d) Computer storage media, i.e., disks, tapes, removable drives, etc.,· containing FOUO information will be marked "FOR OFFICIAL USE · ONLY.'1 (e) Portions of a classified document, i.e ., subjects, titles, paragraphs, and subparagraphs that contain only FOUO information will be marked with the abbreviation (FOUO). (f) Individual portion markings on a document that contains no other designation are no t required . (g) Designator or originator information and markings, downgrading instructions ,. and date/even t markings are not requi red. G. General Handling Procedures Although FOUO is the OHS standard cave~t for identifying sensitive unclassified information, some types of FOUO information may be more sensitive than others Page 35 of 51 MD 11042 .1 Con tract: 582-16-60018 C ity of Ft. Wort h Whole Air Monitoring \ ! Exhibit G and th us warrant additional safeguarding measures beyond the minimum requirements established in this manual. For example , certain types of · information may be considered extremely sensitive based on the repercussions · that could result should the information be released or compromised. Such repercuss'ions could be the loss of life or compromise of an informant or · operation. Additional control requirements may be added as necessary to afford appropriate protection to the information. DHS employees, contractors , and detailees must use sound judgment coupled w ith an evaluation of the risks, vulnerabilities, and the potential damage to personnel or property as the basis for determining the need for safeguards in excess of the minimum requirements and protect the information accordingly. 1. When removed from an authorized storage location (see section 6.1) and persons without a need-to-know are present, or where casµal obseNation would reveal FOUO information to unauthorized persons, a "FOR OFFICIAL. USE ONLY " cover sheet (Enclosure 1) will be used to prevent unauthorized or . inadvertent disclosure. 2. When forwarding FOUO information, a FOUO cover sheet should be placed on top of the transmittal letter, memorandum or document. 3. When receiving FOUO equivalent information froni another government agency, handle in accordance with the guidance provided by the other government agency . Where no guidance is provided, handle in accordance with the requirements of this directive. H. · Dissemination and Access 1. FOUO information will not be disseminated in any manner -orally, visually, or electronically -to unauthorized personnel. 2. Access to FOUO information is based on "need-to-know" as determined by the holder of the information. Where there is uncertainty as to a person's need-to-know, the holder of the information will request dissemination inst ructi ons from their next-leve l supervisor or the information 's originator. 3. The holder of the information will comply with any access and dissemination restrictions . 4. A security clearance is not required for access to FOUO information . 5. When discussing or transferring FOUO information t o another indi vid ual (s), ensure thafthe individual with whom t he discussio n is to be held or the information is to be transferred has a valid need-to -kn ow, and th at precautio ns are taken to prevent unauthorized individuals fro m overhearing the con versation , obseNing the materia ls, or otherwise obta ining th e info rmation . Page 36 of 51 MD 11042.J Contract: 582-16-60018 C ity of Ft Worth Whol e Air Mo ni to ri ng Exhibit G 6. FOUO information may be shared with other agencies , federal, state , tribal, or local government and law enforcement officials, provided a specific need-to-know has been established and the information is shared in furtherance of a coordinated and official governmental activity. Where FOUO information is requested by an official of another agency and there is no coordinated or other official governmental activity, a written request will be made from the requesting agency to the applicable DHS program office providing the name(s) of personnel for whom access is requested , the specific information to which access is requested, and basis for need-to-know. The OHS program office shall then determine if it is appropriate to release the information to the other agency official. (see section 6 .F for marking requirements) 7. Other sensitive information protected by statute or regulation, i.e., Privacy Act, CII, SSI, Grand Jury, etc., will be controlled and disseminated in accordance with the applicable guidance for that type of information . 8. If the information requested or to be discussed belongs to another agency or organization , comply with.that agency's policy concerning third party discussion and dissemination. 9. When discussing FOUO information over a telephone, the use of a STU 111: (Secure Telephone Unit), or Secure Telephone Equipment (STE), is encouraged, but not required . · I. Storage 1. When unattended, FOUO materials will, at a minimum , be stored in a locked file cabinet, locked desk drawer, a locked overhead storage compartment such as a systems furniture credenza, or similar locked compartment. Materials can also be stored in a room or area that has sufficient physical access control measures to afford adequate protection anq prevent unauthorized access by · members of the public, visitors , or other persons without a need-to-know, such as a locked room, or an area where access is controlled by a guard, cipher lock, or card reader. 2. FOUO information will not be stored in the same container used for the storage of classified information unless there is a correlation between the information . When . FOUO materials are stored in the same container used for the storage of classified materials , they will be seg regated from the classified materia ls to the extent possible , i.e . separate folders, separate drawers , etc. 3. JT systems that store FOUO information will be certified and accredited for operat ion in acco rdance with federal and DHS standards. Consu lt the OHS Information Technology Securi ty Program Handbook for Sensitive Systems , , Publ ica ti on 4300A, for mo re detailed info rmation . Page 37 of 5 1 · MD 11042.l Contract: 582-16-600 18 C ity of Ft. Worth Who le Air Mon ito r in g Exhib it G 4. Laptop computers and other media containing FOUO information will be sfored and protected to prevent loss, theft, unauthorized access and unauthorized disclosure. Storage and control will be in accordance with OHS Information Technology Security Program Handbook for Sensitive Systems, Publication 4300A. J. Transmission 1. Transmission of hard copy FOUO within the U.S. and its Territories: (a) . Material will be placed in a single opaque envelope or container and sufficiently sealed to prevent inadvertent opening and to show evidence of tampering. The envelope or container will bear the complete name and address of the sender and addressee, to include program office and the name of the intended recipient (if known). (b) FOUO materials may be mailed by U.S. Postal SeNice First Class Mail or an accountab le commercial delivery service such as Federal Express or United Parc;el Service. (c) FOUO materials may be entered into an inter-office mail system provided it is afforded sufficient protection to prevent unauthorized access, e.g ., sealed envelope. 2. Transmission to Overseas Offices: When an overseas office is serviced by a military postal facility, i.e., APO/FPO, FOUO may be transmitted directly to the office. Where the overseas office is not serviced by a military postal facility, the materials will be sent through the Department of State, Diplomatic Courier. 3. Electronic Transmission. (a) Transmittal via Fax. Unless otherwise restricted by the originator, FOUO information may be sent via nonsecure fax. However, the use of a secure fax machine is highly encouraged. Where a nonsecure fax is used , the sender will coordinate with the recip ient to ensure that th e mat erials faxed will not be left unattended or subjected to possible unauthorized disclosure on the receiving end. The holder of the material will comply with any access, dissemination, and transmitta l restrictions cited on the materia l or verbally communicated by the originator. (b) Transm itt al via E-Mail (i) FOUO information transmitted via email should be protected by encryption or transmitted within secure communications systems . When this is impractical or unavailab le, FOUO may be transmitted over regular emai l channels . For added security, when Page 38 of 51 MD 11042.1 Contract: 582-1 6-60018 City of Ft: Worth Whole A ir Monitoring Exhibit G transmitting FOUO over a regular email channel, the information can be included as a password protected attachment with the password provided under. separate cover. Recipients of FOUO information will comply with any email restrictions imposed by the originator. (ii) · Pe r OHS MD 4300, OHS Sensitive Systems Handbook, due to inherent vulnerabilities, FOUO information shall not be sent to personal email accounts. (c) OHS Internet/Intranet K. Destruction (i) FOUO information will not be posted on a OHS or any other internet (public) website. (i i) FOUO information may be posted on the DHS intranet o r other government controlled or sponsored protected encrypted · · data networks , such as the Homeland Security Information Network (HSIN). However, the official authorized to post the information should be aware that access to the information is open to all personnel who have b~en granted access to that particular intranet site. The official must determine the nature of the information is such that need-to".'know appl,ies to all personnel ; the benefits of posting the information outweigh the risk of potential compromise; the information posted is prominently marked as FOR OFFICIAL USE ONLY; and information posted does not violate any provisions . of the Privacy Act. 1. FOUO material will be destroyed when no longer needed .. Destruction may be accomplished by : · (a) "Hard Copy" materials Will be destroyed by shreddi ng, burning , pulping , pulverizing , such as to assure destruction beyond recognition and reconstruction .. After destruction, materials may be disposed of w it h norma l waste. (b) Electron ic storage media shall be sanit iz ed appropriately by overw riting or degaussing . Contact local IT security personnel for additional guidance . (c) Pape r products con taining FOUO info rmation w ill no t be disposed of in regu lar trash o r rec ycling re ceptacles u nless t he materials have fi rst been destroyed as specifi ed above . · Page 39 of 51 MD 11042 .l Contract: 582-16-600 18 City of Ft. Wort h Whole Air Monitoring Ex hibit G L Jncide~Repo~ng 1. The Joss, compromise, suspected compromise , or unauthorized disclosure of FOUO information will be reported. Incidents involving FOUO in OHS JT systems will be reported to the organizational element Computer Security Inciden t Response Center in accordance with IT incident reporting requirements . 2. Suspicious or inappropriate requests for information by any means , e.g., email or verbal, shall be report to the OHS Office of Security. 3. Employees or contractors who observe or become aware of the loss, compromise, suspected compromise , or unauthorized disclos·ure of FOUO · .information will report it immediately, but not later than the next duty day, to the origin .ator and the local Security Official. 4. Additional notifications to appropriate OHS management personnel will be made without de lay when the disclosure or compromise could result in physical harm to an individual(s) or the compromise of a planned or on-going operation, 5. At the request of the originator, an inquiry wil_l be conducted by the local security official or other designee to determine the cause and affect of the incident and the appropriateness of administrative or disciplinary action against the offender. Dated:__.__l +-I L,-.+-b_s_~ Page 40 of 51 MD 11042.1 Contract: 582-16-60018 City of Ft. Worth Whole A ir Mon itoring Exhibit G Department of Homef .and Security FOR· OFFICIAL USE ONL·Y THE ATTACHED MATERIALS CONTAIN DEPARTMENT OF HOMELAND SECURITY INFORMATION THAT IS "FOR OFFICIAL USE .ONLY," OR OTHER TYPES OF SENSITIVE BUT UNCLASSIFIED INFORMATION REQUIRING PROTECTION AGAINST UNAUTHORIZED DISCLOSURE. THE ATTACHED MATERIALS WILL BE HANDLED AND SAFEGUARDED IN ACCORDANCE WITH OHS MANAGEMENT DIRECTIVES GOVERNING PROTECTION AND DISSEMINATION OF SUCH . INFORMATION. AT A MINIMUM, THE A TT ACHED MA TE RIALS WILL BE DISSEMINATED ONLY ON A "NEED-TO-KNOW" BASIS AND WHEN UNATTENDED , WILL BE STORED IN A . LOCKED CONTAINER OR ARE;A OFFERING SUFFICIENT PROTECTION AGAINST TH EFT, COMPROMISE, INADVERTENT ACCESS AND U NAUTHORIZED DISCLOSURE. Page 41 of 51 MD 11042 .1 Contract: 582-16-600 18 City of Ft. Worth Who le Air Mon itoring ! /. . DEPARTMENT OF HOMELA ND SECURITY Exhibit H NON-DISCLOSURE AGREEMENT I, , an individual official, employee, consultant, or subcontractor of or to ---------(the Authorized Entity), intending to be legalJy bound, hereby consent to the terms in this Agreement in consideration of my being grante d conditional access to certain information, specified b elow, that is owned by, produced by, or in the posses sion of the Uni te d States Government. · (Signer will acknowledge the category or categories of informa tion th at he or she may have access to , and the signer's willingness to comply with the standards for protection by placing his or her in iti als in fro nt of the ap plicabl e category or categories.) · Initials: Protected Critical Infrastructure Information (PCII) I attes t that I am familiar with , and I will comply with all requirements of the PCII program set out in the Criti ca l Infrastructure Information Act of2002 (CII A ct) (Title II, Subtitle B, of the Homeland Security Act of 2002 , Public Law I 07-296, 196 Stat. 2 13 5, 6 USC l OJ et seq .), as amended, the implementing regulations thereto (6 CFR Part 29), as amended, and the applicable PCII Procedures Manual, as amended, and with any such requirements that may be officia!Jy communicated to me by the PCff Program Manager or the PCII Program Manager's designee . Ini tials : Sensitive Security Information (SSI) I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and safeguarding of SSI information as cited in this Agreement and in accordance with 49 CFR Part 1520, "Protection of Sensi tive Security Information ," "Pol icies and Procedures for Safeguarding and Control ofSSI," as amended, and any supplementary guidance issued by an authorized official of the Department of Homeland Security. Initia ls: Other Sensitive but Unclassified (SBU) As used in this Agreement, sensitive but unclassified information is an over-arching term that covers any information, not otherwise indicated above, which the Joss of, mis use of, or unauthorized ac\:ess to or modification of could adversely affect the national interest or the cond.uct of Federal programs, or the pr iv acy to which indiv iduals are entitled under Section 552a of Title 5, as amended, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Con gress to be kept secret in the interest of national defense or foreign policy . This . includes infonnation categorized by DHS or other government agencies as: For Official Use Only· (FOUO); Offi cial Use On ly (OUO); Sensitive Homeland Security Information (SHSI); Limited Official Us e (LOU); Law Enforcement Sensitiv e (LES); Safeguard ing Informati on (SGI); Uncla~sified Controlled Nuclear Informatio n (UCNI); and any other identifier used by other government agencies to categorize information as sensitive but unclassified. I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and safeguarding of the info rma tion to wh ich I am granted access as cited in thi$ Agreement and in accordance with the gu id ance prov id ed to me relative to the specific categ ory ofinformation. I understand and agree to the following terms and conditions of my access to the info rmation indicated above: J. I hereby acknowledge th at I have received a security .indoctrination concerning the nature and protection of information to which 1 . have been provided conditional access, in cludi ng the procedures to be followed in ascertaining whether oth er persons to whom I cont emp late disclosing th is in formation have been approved for access to it, and that I understand these pro cedures. 2. By being granted conditional access to the informat ion indi cated above, th e United States Government has placed special confidence and tru st in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreeme nt and the laws , regulations, and directives applicable to the spec ific categories of.informat ion to which I am granted access. 3. I attes1 th at I understa nd my responsibilities and that I am fam ili ar with and will comply with the standards for protecting such information that I may have access to in accordance wi th the terms of this Agreement and the laws, reg ula tion s, and/or directives appl icable to the specific categories of information to which I am granted access. I understand that the United States Governm ~nt may conduct inspect ion s, at any time or place, for the purpose· of ensuring compliance with the co nditions for access, diss em in ation, handling and safeguarding information under th is Agreement. DHS Form 11000-6 (08-04) Page 42 of 51 Contract: 582-16-60018 City of Ft. Worth Who le Air Monitoring EXHIBIT ffi I . . 4. I will not disclose or release any information provided to me pursuant to this Agreement without proper 8i:l:t!iig~ity1 or ·authorization. Should situations arise that warrant the ·disclosure or release of such information 1 wi!J d o sox 1 1 only under approved circumstances and in accordance with the laws, regulations, or directives applicable to the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or verbaJJy relayed to me by the proper authority. 5. (a) For PCII -(l) Upon the completion ofmy engagement as an employee, consultant, or subcontractor under the contract, or the completion ofmy work on the PClI Program, whichever occurs first, I will surrender promptly to the PCII Program Manager or his designee, or to the appropriate PCII officer, PCII of any type whatsoever that is in tny possession. (2) If the Authorized Entity is a United States Government contractor performing services in support of the PCII Program, I will not request, obtain, maintain, or use PCII unless the PCII Program Manager or Program Manager's designee . has first made in writing, with respect to the contractor, the certification as provided for in Section 29.8(c) of the implementing regulations to the CII Act, as amended . · (b) For SSI and SBU -I hereby agree that material which 1 have in my possession and containing information covered by this Agreement, wiJl be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized disclosure of or inadvertent access to such information, consistent with the Jaws, regulations, or directives applicable to the specific categories of information. I agree that I shall ·return all information to which I have had access or which is in my possession 1) upon d eman d by an authorized individual; and/or 2) upon the conclusion ofmy duties, association, or support to DHS; and/or 3) upon the determination that my official duties do not require further access to such information. 6.1 hereby agree that I will not alter or remove markings, which indicate a· category of information or require specific , handling instructions, from any material I may come in contact with, in the case of SSI or SBU, unfess such alteration or removal is consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category of information or, in the case of PCII, unless such alteration or removal is authorized by the PCII Program Manager or the PCII Program Manager's designee. I agr ee that ifI use information from a sensitive document or other medium, I will carry forward any markings or other required restrictions to derivative products, and will protect them in the 1;ame matter as the original. 7. I hereby agree that I shall promptly report to the appropriate official, in accordance with the guidance issued for the applicable category of information, any 'loss, theft, misuse, misplacement, unauthorized disclosure, or other security vi olation, I have knowledge of and whether or not I am personalJy involved. I also understand that my anonymity will be kept to the extent possible when reporting security violations . 8, Ifl violate the terms and conditions of this Agreement, such violation may result in the cancellation ofmy conditional access to the information covered by this Agreement. This may serve as a basis for denying me· conditional access to other types of information, to include classified national security information. 9 . (a) With respect to SSI and SBU, I hereby assign to the United States Government all royalties, remunerations, and emoluments. that have resulted, will result, or may result from any disclosure, publication, or revelation of the information not consistent with the terms of this Agreement. (b) With respect to PCII I hereby assign to the entity owning the PCII and the United States Government, all royalti~s, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of PCII not consistent with the terms of this Agreement. 10. This Agreement is made an d intended for the benefit of the United States Government and may be enforced by the United States Government or the Authori z ed Entity. By granting me conditional access to information in this context, the Uni t ed States Government and, with respect to PCII, the Authorized Entity, may seek any remedy available to it to enforce thi s Agreement including, but not limited to , application for a court order prohibiting disclosure of information in breach of this Agreement. I understand that if] violate the terms and conditions of this Agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives applicable to the category of information involved and neither the United States Government nor the Authorized Entity have waived any statutory or common law evidentiary privileges or protections that they may ass ert in any administrative or court proceeding to protect any sen s itive information to which I have been given conditional access under the terms of this Agreement. DHS Form 11000-6 (Q8~04) Page 43 of 51 Contra ct: 582-1 6-6 0018 City of Ft. Wo rth W hole A ir Monitoring I ' EXHIBIT H 11. Unless and until I am released in writing by an authorize d representative of the Department of Homelan'll:$illJJtllllity (if permissible for the particular category of information); I understand that all conditions and obligations imposed upon me by this Agreement apply during the time that I am granted conditional access, and at all times thereafter. 12. Each provision ofthis Agreement is severable . If a court should fi nd any provision of this Agreement to be. unenforceable, all other provisions shalJ remain in fulJ force and effect. 13 . My execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure Agreement which I have executed or may execute with the United States Government or any of its departments or · agencies. 14. These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee ob ligations, rights, or liabilities created by Executive Order No . 12958, as amended; Section 7211 of Title 5, United States Code (governing disclosures to Congress); Section l 034 of Title l 0, Un _ited States Code, as amended by the Military Whistle blower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 . USC 421 et seq .) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title l 8, United States _Code, and Section 4(b) of the Subversive Activities Act of l 950 (50 USC 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are controlling . l 5. Sfgning this Agreement does not bar disclosures to Congress oi: to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law . 16. I represent and warrant that I have the authority to enter into this Agreement. 17 . I have read this Agreement carefully and my questions, if any, hav e been answered. I acknowledge that the briefing officer has made available to me any laws, regulations, or directives referenced in this document'so that 1 may read them at this time, ifI so choose . Typed/Printed Name: DEPARTMENT OF HOMELAND SECURITY NON-DISCLOSURE AGREEMENT Ack no w ledge ment Government/Department/Agency/Business Address Telephone Number: I make this Agreement in good faith, without mental reservation or purpose of evasion. Signature: WIT NE SS:· Typed/Printed Name: Government/Department/Agency/Business Address Telephone Number: Signature: · This form is not subject to the requ ir ements of P.L. 104°13, "Paperwork Reduction Act of 1995 " 44 USC, Chapter 35 : DHS Form 11 _000-6 (08-04 ) Page 44 of 5 1 Contract: 582-16 -60018 City of Ft. Wort h Who le Ai r Mo ni toring 1. 2. 3 . 5 . 6 . 7. 8. 10. 11 . Texas Commission on Environmental Quality FINANCIAL STATUS REPORT STAT E AGENCY O RG A NIZATI O N UNIT TO WHICH REPORT IS SUBMITTED : GRANT/CONTRACT TITLE: PAYEE IDENTIFICATION NUMBER: 4 . RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS , INCLUDING ZIP CODE) : TCEQ CONTRACT NUMBER: FINAL REPORT: Y ES NO ACCOUNTING BASIS : CASH ACCRUAL TOTAL PROJECT/GRANT PERIOD : 9 . PERIOD COVERED BY THIS REPORT: FROM TO FROM TO BUDGET CA TEGORIES: Approved P ro jec t C o st Cu mu lative Balance ** Budget Th is Re port Pro ject Cost a .Person nel /Sa lary * b .Fringe Ben efits c .Trave l * ct .Suppl ies * e.Equi p m e nt * f . Contractua l * g . Const ructio n * h .Other * i.Total D irect Co sts (S um a - h) j.lndirect Costs k.Total (S um of i & j) *List (Item ize) o n the appropriate s upplemental form all com ponent expenses comp risi ng the t otal for each of these categories . Pl e a se attach recei pts , as re q ui red, in accorda n ce w ith Attach ment B of your contract. **Negative balances in any of the b udget cat ego ri es shou ld be expla ined in a brief accompanying narrative. C ERT IFI C ATI O N I cert ify t o th e best o f my k nowledg e a nd be li ef th at th is repo rt is correct and com ple te and th at a ll out lays a nd un liquidated obl igations are for the purp oses set forth in the award document. Si gnatu re of Authorized Certify ing O ffic ia l T yped or P rinted N ame and T itle T e lephone (Area code, n um ber a nd ext.) Page 45 of 51 Date Submitted Contract: 582-16-60018 City of Ft. Worth Who le Air Monitoring •I TCEQ Form 20248 Revised (11 /2005) -Page 1 of 6 ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL I PURCHASED {Should match description provided for approval) COST COST TOTAL EQUIPMENT EXPENDITURES (must ag ree with line 10e on Form 20248 ) $ CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) FOR COST (THIS PERIOD) TOTAL CONTRACTUAL EX PEND IT URES (must agree w ith line 10f on Form 20248) $ * LEGIBLE PURCHASE ORDER AND /OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE . TCEQ Fo rm 20248 Rev ise d (11 /20 05)-Page 2 of 6 Page 46 of 5 1 Contract: 582-16-600 18 C ity of Ft . Worth W hole Air Mon ito rin g TASKS I TASKS ,., ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION co·sTS (during this report period) DESCRIPTION PURPOSE TO TAL CONSTRUCTION EX PENDITURES (must agree with line 10g on Form 20248) *LEGIBLE DOCUMENTATION MUST BE ATTACH ED FOR A LL LI ST ED EXPEND ITURES . TCEQ Form 20248 Revised (11 /2005) -Pag e 3 of 6 Page 47 of 51 COST (THIS PERIOD) I I I I I I I I $ Contract: 582-16-60018 City of Ft. Worth Whole Air Monitoring TASKS •I ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER ITEM DESCRIPTION PURCHASED (Should match description provided for approval) !TOTAL SUPPLY EX PENDITURES (mu st agree w it h line 10d on Fo rm 20248) OTHER EXPENDITURES (during this report period) r:3\~-C-HASED DESCRIPTION T OTA L OTHER EXPEN DITU RES (m ust agree with line 10h on Form 20248 ) UNIT TOTAL I COST COST $ UNIT TOTAL COST COST $ *LEG IBLE RECE IPTS OR OT HER SUBSTANTI ATING DO CUMENTAT ION MAY BE ATTACH ED FOR EX PENDIT URES TH AT EQ UA L OR EXCEED $500 . TCEQ Form 20248 Revis ed (1 1/20 05 ) -Pag e 4 of 6 Page 48 of 5 1 Co ntract: 582-1 6-600 18 City of Ft. Wo rth Who le A ir Monito rin g TASKS I TASKS I/ ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS PERSONNEL/SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION TOTAL PERSONNEUSALARY EXPENDITURES (mu st agree with line 1 Oa on Form 20248) $ TRAVEL EXPENDITURES (during this report period) SALARY (THIS PERIOD DESCRIPTION REASON COST (THIS PERIOD I IA~KS TASKS ITOTAL TRAVEL EXPENDITURES (must agree with line 10c on $ D Form 20248) * SUBSTANTIATING DOCUMENTAT ION (time sheets , travel receipts , etc.) MAY BE REQU IRED T O BE ATTAC HED TO THIS FORM TCEQ Form 20248 Re vised (11/2005) -Page 5 of 6 Page 49 of 5 1 Contract: 582-16-60018 City of Ft Worth Whole A ir Monitoring I Financial Status Report Preparation Instructions 1. The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a completed , legible TCEQ Financial Status Report (TCEQ Form 20248) and any required TCEQ Supplemental 20248 forms . Unless d irected otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents by not later than twenty-one (21) days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal yea r quarters (September-November; December-February, March-May; June-August). Each Financial Status Report shall indicate , for each budget sub-category the PERFORMING PARTY'S project ex penditures for the period in question , the cumulative ex penditures with respect to each budget sub-category, and the balance remaining in each budget sub-category following re imbursement of the amount being requested . A quarterly Financial Status Report is required even if no ex penses were incurred during the report period . 2. All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with respect to the major tasks or objectives , set forth in the Scope of Work, that such expenditures support or satisfy. In addition , the PERFORMING PARTY shall attach , for each reimbursable cost li sted on Supplemental Form 20248-1 , legible documentation that (1) serves to further identify the specific piece of equipment received or the services provided , (2) clearly identifies the vendor or subcontractor who provided the equipment or services , and (3) that confirms the reimbursable amount listed on the form . In the case of equipment purchases , the attached documentation shall be e ither a purchase order mark ed "received/paid" or a vendor-submitted invoice similarly marked . In the case of subcontractor provided services , the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 3. All requests under this Contract for the reimbursement of expenditures that fall within the "Construction" category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives , set forth in the Scope of Work, that such expenditures support or satisfy. In addition , the PERFORMING PARTY shall attach , for each reimbursable cost listed on Supplemental Form 20248-2 , legible documentation that ( 1) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3) that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked "rece ived /paid " or an invoice similarly marked . In the case of subcontractor provided construction services , the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices . 4 . All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks or objectives , set forth in the Scope of Work , that such ex penditures support or satisfy. In addition , for any single-listed item or service costing more t han $500, the PERFORMING PARTY shall attach , for each reimbursable cost listed on Supplemental Form 20248-3 , legible documentation that (1) serves to further identify the specific items or services , (2) clearly identifies the vendor or subcontractor who provided the items or services , and (3) that confirms the re im bursable amount listed on the form . Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of ide ntica l or similar items , materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation w hen submitting re imbursement requests to the TCEQ . 5. All requ ests for rei mbur$ement of expenditures that fall with in either the "Personnel /Salary" or "Travel " categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplementa l Form 20248-4 and identified with respect to the major tasks or objectives , set forth in the Scope of Work, that such expenditures supp ort or satisfy . Although no supporting documentation is required to be attached to Supplemental Form 20248-4 with respect to reported "Personnel/Salary" expenditures in order to receive reimbursement , the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total , overall hours of staff time being d irectly billed to th is Contract. W ith respect to employee tra ve l, all costs listed on Form 20248-4 must be sup po rted by attached documentation that identifies the name of the traveler's , and that substantiates the reported reimbursabl e co sts. Docum en tation, for the purpose of substantiating trave l-re lated costs, includes the follo wi ng : (1) legible copies of the PERFORMING PARTY-approved t ravel vouchers , signed by the employees who traveled , and (2) for any trav el-related expenses unde r this co ntract borne directly by the PERFORMING PARTY (and thus fo r which reimbursement by the PERFORMING PARTY to th e traveler was not re quired) separate receipts show ing , at a minimum , th e trave ler's name , the t rave l locati on , and the tra ve l date(s). 6 . When a single expe nditure supports or satisfies m ore than on e task or objective , th e PERFORMING PARTY need not breakdown that particular ex pe nditure by specific contract task or objecti ve bu t ma y simply identify, in re lative cost order, th e various t asks or objectives supp orted. Form Instructions -P age 6 of 6 Page 50 of 5 1 Contract: 582-16-60018 City of Ft. Worth Who le Air Moni t or in g HUB Subcontracting Plan (HSP) Rev. 10/1 4 Prime Contractor Progress Assessment Report This form must be completed and submitted to the contracting agency each month to document compliance with your HSP . Contract/Requ isit ion Number :---------------Date of Awa rd: Obje ct Code : -------1 Contracting Agency/Un iversity Name: ---------------------------------------1 Co ntractor (Company) Name:---------------------State of Tex as VID #: __________ _ Point of Contact : Phone#: --------------------- Report ing (Month) Period:------Total Amount Paid th is Reporting Period to Contra ctor:_$.;._ _________ --! Report HUB and Non-HUB subcontractor information *Note : Texas certified HUB status can be ve rified on-line at: https ://mycpa .cpa .state.tx.us/tpasscmblsea rch/l ndex.jsp Subcontractor's Name •rexa s cert ifi ed HUB? (Ye,orNo) Subcontracto r's VJD or HUB Certificate Number (Required If Te,as corti!ed HUB) 1 TOTALS: Tota l Contract $ Total$ Amount Paid Total Contract$ Amount from HSP this Repo rtin g Pe ri od Amount Paid to Dat e with Subcon tractor to Subcontrac tor to Subco ntractor $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Signat ure :------------------Title : __________ _ Date : Object Code (Agency u.e Orly) Pa ge 51 of 51 Cont ract: 58 2-16-60018 City of Ft. Worth Who le Air Monitoring City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION : Ap p roved on 7/21/20 15 -Ordinance No . 21795-07-2015 DATE: Tuesday, July 21, 2015 REFERENCE N O.: **C-27374 LOG NAME : 20TX COMM ENVIR QUALITY _BI0_2016 SUBJECT : Authorize Execution of an Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the Amount of $423 ,298.62 for the Operation of Local Air Pollution Monitors, Apply Indirect Costs at Approved Percentage Rate and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) REC OMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Intergovernmental Cooperative Reimbursement Contract with the Texas Commission on Environmental Quality in the amount of $423,298 .62 for the contract period of September 1, 2015 through August 31, 2016; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $423,298.62 in Fiscal Year 2015-2016, subject to receipt of an executed contract; and 3. App ly the indirect cost at the rate of 21.48 percent in accordance with the terms of the Intergovernmental Cooperative Reimbursement Contract. DISCUSSION: This Agreement will require the City of Fort Worth (City) to operate the local air pollution monitors to include retrieving the sampling data, sending it for analysis and performing regular audit and maintenance activities on the equipment. The contract period will be September 1, 2015 through August 31, 2016 with a not to exceed amount of $423,298.62 for reimbursement of expenses to the City with the option to renew the Agreement for two additional one-year periods upon written consent of the parties by an amendment to this Agreement. In 2003 , the United States Environmental Protection Agency launched a whole new air monitoring network and designated the Texas Commi s sion on Environmental Quality (TCEQ) as the administering agency. Since the inception of this new monitoring program, the TCEQ has contracted with the City for operation and maintenance of the monitoring equipment. This Agreement will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION : The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund . FUND CENTERS: TO Fund/Account/Centers 2) GR76 451543 020412XXXOOO 2) GR76 5(VARIOUS) 020412:XXXOlO CERTIFICATIONS: Submitted for City Mana2er's Office by: Ori2inatin2 Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers $423,298.62 $423,298 .62 Fernando Costa (6122) Douglas W. Wiersig (7801) Michael Kazda (8136) 1. 20TX COMM ENVIR QUALITY BIO 2016.docx