HomeMy WebLinkAboutContract 55747-A3CONTRACT NUMBER 582-21-22371
CITY SECRETARY
CONTRACT NO. 5747-A3
AMENDMENT NUMBER 3
In accordance with General Term and Condition sub -article 1.2, Amendments, Texas
Commission on Environmental Quality ("TCEQ') and the City of Fort Worth agree to
amend Contract 582-21-22371 (Contract) as follows:
1. This amendment extends the term of the Contract to May 31, 2025, by exercising
the third of its four renewal options, in accordance with Special Term and
Condition, Article 1. The remaining months permitted under the renewal after
May are reserved.
2. The maximum TCEQ obligation is unchanged. The total compensation possible
under this contract is:
The Original Contract Amount (FY21-22)
$500,000.00
Contract Amendment 1 (FY23 Renewal)
$380,006.00
Contract Amendment 2 (FY24 Renewal)
$380,006.00
Amendment 3 (FY25 Renewal)
$284,729.50
The Total Contract Amount
$1,544,741.50
3. The TCEQ has reviewed and approved the budget submitted by the City of Fort
Worth. The Cost Budget for Fiscal Year 2025 is hereby included in its entirety by
Attachment A of this Amendment.
4. The Special Terms and Conditions of the Contract are modified as follows:
9. Federal Conditions and Forms, ARTICLE 13. FEDERAL FUNDING
ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING, is
amended as follows:
ARTICLE 13. [RESERVED]
10. Texas Grant Funding
10.1. COVID-19 Vaccine Passport Prohibition. Under § 161.0085 of the
Texas Health and Safety Code, Performing Party certifies that it is
not ineligible to receive the Contract and will maintain this
certification throughout the term of the Contract.
10.2. TxGMS. Allowable Costs are restricted to costs that comply with the
Texas Grant Management Standards (TxGMS) and applicable state
and federal rules and law. The parties agree that all the
requirements of TxGMS apply to this Contract, including the criteria
for Allowable Costs. Additional federal requirements apply if this
Contract is funded, in whole or in part, with federal funds. OFFICIAL RECORD
10.3. UNIFORM ASSURANCES CITY SECRETARY
10.3.1. Uniform Assurances. Performing Party assures FT. WORTH, TX
compliance with the following uniform assurances from
TxGMS, as applicable to this Contract. Other assurances
from TxGMS may be included elsewhere in this Contract.
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CONTRACT NUMBER 582-21-22371
10.3.2. Performing Party represents and warrants its compliance
with Texas Government Code Section 2054.5191 relating
to the cybersecurity training program for local
government employees who have access to a local
government computer system or database.
10.3.3. Performing Party certifies that it and its principals are not
suspended or debarred from doing business with the
state or federal government as listed on the State of Texas
Debarred Vendor List maintained by the Texas
Comptroller of Public Accounts and the System for Award
Management (SAM) maintained by the General Services
Administration.
10.3.4. Performing Party agrees that any payments due under the
Contract shall be applied towards any debt or
delinquency that is owed to the State of Texas.
10.3.5. Performing Party represents and warrants that it will
comply with Texas Government Code Section 2252.906
relating to disclosure protections for certain charitable
organizations, charitable trusts, and private foundations.
10.3.6. In accordance with Texas Government Code Section
669.003, relating to contracting with the executive head
of a state agency, Performing Party certifies that it is not
(1) the executive head of the TCEQ, (2) a person who at
any time during the four years before the date of the
Contract was the executive head of the TCEQ, or (3) a
person who employs a current or former executive head
of the TCEQ affected by this section.
10.3.7. Performing Party acknowledges and agrees that
appropriated funds may not be expended in the form of
a grant to, or contract with, a unit of local government
unless the terms of the grant or contract require that the
funds received under the grant or contract will be
expended subject to the limitations and reporting
requirements similar to those provided by the following:
Parts 2 and 3 of the Texas General Appropriations Act,
Art. IX, except there is no requirement for increased
salaries for local government employees;
Sections 556.004, 556.005, and 556.006 of the Texas
Government Code; and
Sections 2113.012 and 2113.101 of the Texas
Government Code.
10.3.8. Performing Party represents and warrants that TCEQ's
payments to Performing Party and Performing Party's
receipt of appropriated or other funds under the Contract
are not prohibited by Texas Government Code Section
556.0055 which restricts lobbying expenditures.
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CONTRACT NUMBER 582-21-22371
10.3.9. Performing Party represents and warrants that in the
administration of the Contract, it will comply with all
conflict of interest prohibitions and disclosure
requirements required by applicable law, rules, and
policies, including Texas Local Government Code Chapter
176. If circumstances change during the course of the
contract or grant, Performing Party shall promptly notify
TCEQ.
10.3.10. Performing Party represents and warrants its compliance
with Chapter 551 of the Texas Government Code which
requires all regular, special or called meeting of a
governmental body to be open to the public, except as
otherwise provided by law.
10.3.11. Performing Party represents and warrants that it does not
perform political polling and acknowledges that
appropriated funds may not be granted to, or expended
by, any entity which performs political polling.
10.3.12. Performing Party certifies that it has not received a final
judicial determination finding it intentionally adopted or
enforced a policy that prohibited or discouraged the
enforcement of a public camping ban in an action brought
by the Attorney General under Local Government Code
§364.003. If Performing Party is currently being sued
under the provisions of Local Government Code
§364.003, or is sued under this section at any point
during the duration of this grant, Performing Party must
immediately disclose the lawsuit and its current posture
to the TCEQ.
10.3.13. Performing Party represents and warrants that it will
comply with Texas Government Code Section 321.022,
requires that suspected fraud and unlawful conduct be
reported to the State Auditor's Office.
11. Security Requirements. If Performing Party accesses, transmits, uses, or
stores TCEQ data:
11.1. Performing Party shall meet the security controls specified by TCEQ;
and
11.2. Performing Party must annually provide TCEQ documentation
demonstrating that it meets the specified TCEQ security
requirements.
12. Cybersecurity Training. Performing Party shall ensure that any Performing
Party representative (employee, officer, or subcontractor personnel) who
has Access to a TCEQ Computer System or Database completes a
cybersecurity training program certified by the Texas Department of
Information Resources (DIR) under § 2054.519 of the Texas Government
Code, when the Contract is executed and annually as applicable.
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CONTRACT NUMBER 582-21-22371
12.1. "Access to TCEQ Computer System or Database" means having a
TCEQ network user account or the authorization to maintain,
modify, or allow access control to any TCEQ web page, TCEQ
computer system, or TCEQ database.
12.2. Within seven (7) days after the execution of the Contract, the
Performing shall provide a list of persons requiring training to the
TCEQ Contract Manager, and thereafter provide an updated list by
the first workday of any additional person who becomes subject to
the cybersecurity training requirements. For applicable umbrella
contracts, Performing Party shall provide a list of any persons
requiring training within seven (7) days of issuance of Notice to
Proceed/Commence for any Work Order that requires Access to a
TCEQ Computer System or Database.
12.3. If a Performing Party representative has previously completed a
DIR-certified cybersecurity training during a State of Texas fiscal
year in which the Contract is effective, Performing Party shall
provide evidence that the Performing Party representative
completed the required training to the TCEQ Contract Manager
within seven (7) days after the execution of the Contract or as
applicable, the issuance of a Notice to Proceed/Commence for any
Work Order that requires Access to a TCEQ Computer System or
Database.
12.4. For Contracts that have contract periods that exceed a year (extend
beyond August 31 of the year in which they are entered), all persons
performing Work under the Contract shall take cybersecurity
training renewal each fiscal year after the year in which the contract
becomes effective. By August 1st each year, the Performing Party
must provide to the TCEQ Contract Manager either: (1) a list of
persons that must complete cybersecurity training during the
upcoming State of Texas Fiscal Year; or (2) provide evidence that the
Performing Party representative completed the required training.
Performing Party shall retain in their records, and upon request,
provide the TCEQ Contract Manager evidence that the training was
successfully completed.
12.5. TCEQ will provide access to the cybersecurity training program.
Performing Party is responsible for all other costs associated with
their representatives completing the training, including time spent
completing the training.
12.6. Performing Party shall notify the TCEQ Contract Manager within two
(2) business days when a person with Access to a TCEQ Computer
System or Database no longer needs Access to such Computer
System or Database.
12.7. TCEQ may terminate the Contract for Cause if Performing Party fails
to adhere to any of the above terms, including completing the
required certified cybersecurity training or notifying the TCEQ
Contract Manager when access is no longer needed.
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CONTRACT NUMBER 582-21-22371
12.8. TCEQ may terminate the Contract for Cause if a Performing Party
representative misuses a TCEQ Computer System or Database,
including allowing multiple individuals to utilize a single
individual's TCEQ network user account.
13. Prohibited Technologies. Performing Party certifies that Prohibited
Technologies will not be used on any of Performing Party's or its
employees', contractors', and subcontractors' devices including
personally -owned devices, if those devices are used to access state-owned
data or information systems. These devices include cell phones, tablets,
desktop and laptop computers, and other internet- capable devices.
"Prohibited Technologies" refers to software, applications, technologies,
hardware, and equipment, and any of the aforementioned items made by
the developers or manufacturers on the Prohibited Technologies list
located on the Texas Department of Information Resources' website at:
httD s: //dir.texas. gov/inf ormation-security/prohibited-technologies.
In addition to the DIR list, TCEQ in its sole discretion may designate
additional prohibited technologies.
5. TCEQ has revised the Federal Conditions and Form, hereby included in its
entirety as Attachment B of this Amendment.
6. The Term of the Contract is extended to May 31, 2025.
All other conditions and requirements of Contract Number 582-21-22371 remain
unchanged.
TCEQ PERFORMING PARTY:
Texas Commission on Environmental City of Fort Worth OFFICIAL RECORD
CITY SECRETARY
Quality
FT. WORTH, TX
(Signature)
Crain Pritzlaff
(Printed Name)
Director, Office of Compliance and
Enforcement
(Title)
7/8/2024
(Date Signed)
APPROVED AS TO FORM AND LEGALITY:
M. Ke✓i10 A-ndeys, //
M. Kevin Anders, II (Dec 19, 2024 09.33 CST)
Assistant City Attorney: Kevin Anders
By: Vda'.Wmm
Valerie Washington (Jul 3, 202413:52 CDT)
(Signature)
Ms. Valerie Washinq_ ton
(Printed Name)
Assistant City Manager
(Title)
Jul 3, 2024
(Date Signed)
ATTEST:
By:
e Goodall
City Sec
City Secretary
Rp
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CONTRACT NUMBER 582-21-22371
Attachment A
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
$161,250.00
Fringe Benefits
$78,754.50 (48.84%)
Travel
$2,500.00
Supplies
$13,300.00
Equipment
$0.00
Contractual
$0.00
Construction
$0.00
Other
$12,800.00
Indirect Costs
$16,12 5.00
Total
$ 2 84, 72 9.5 0
2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is
10.00% of (check one):
❑ salary and fringe benefits
❑ modified total direct costs
® other direct costs base
If other direct cost base, identify: Salary
This rate is less than or equal to (check one):
❑ Predetermined Rate —an audited rate that is not subject to adjustment.
® Negotiated Predetermined Rate —an experienced -based predetermined rate
agreed to by Performing Party and TCEQ. This rate is not subject to
adjustment.
❑ Default rate —a standard rate of ten percent of salary/wages may be used in
lieu of determining the actual indirect costs of the service.
3. Other. If Budget Category "Other" is greater than $25,000 or more than 10% of
budget total, identify the main constituents:
4. Travel. In order to be reimbursable, travel costs must be specifically authorized
in advance of the travel. Travel costs will be reimbursed only in the amount of
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CONTRACT NUMBER 582-21-22371
actual costs, up to the maximum allowed by law for employees of the State of
Texas at the time the cost is incurred.
S. Budget Categories. The Budget Categories above have the definitions,
requirements and limitations stated in TxGMS. Construction costs are not
reimbursable without prior, specific written authorization from TCEQ.
6. Budget Control.
a. Cumulative transfers equal to or less than 10% of the Total Budget.
Performing Party may transfer amounts between the approved direct cost
budget categories so long as cumulative transfers from direct cost budget
categories during the Contract Period do not exceed ten percent (10%) of the
Total Budget amount. Performing Party must timely submit a Budget Revision
Request (BRR) Form reflecting the revised budget. Upon approval by TCEQ, the
BRR will be incorporated into this Contract as though it is a document revised
under General Term and Condition Section 1.2. The 10% limit does not reset
with the approval of each BRR. It resets when an amendment is signed by the
parties reflecting changes to the budget.
b. Cumulative transfers greater than 10% of the Total Budget. TCEQ must pre -
approve in writing all budget revisions that result in the cumulative transfer
from direct cost budget categories of funds greater than 10% of the Total
Budget during the Contract Period. The Performing Party must request to
amend the Contract. A contract amendment is required before Performing
Party incurs these costs.
c. Performing Party may not transfer amounts to budget categories containing
zero dollars without TCEQ pre -approval in writing.
7. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be
submitted monthly and invoices shall be submitted within thirty (30) days after
the end of the month to the individual named in TCEQ Project Representatives
and Records Location. Final invoices shall be submitted within one (1) month
after completing the Scope of Work activities. TCEQ may unilaterally extend this
deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows how the budget
control requirement is being met.
8. Supporting Records. Performing Party shall submit records and documentation
to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ
may reject invoices without appropriate supporting documentation. TCEQ has the
right to request additional documentation such as expenses for the invoice period,
year-to-date expenses, projected totals for the year (or applicable contract period),
percent of budget spent to date, and percentage of budget projected to be spent.
Performing Party shall maintain records subject to the terms of this Contract.
9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the
reimbursable rate entered above. If no reimbursable rate is shown above, indirect
costs are not reimbursable under this Contract. The reimbursable rate must be
less than or equal to the rate authorized under TxGMS. 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
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CONTRACT NUMBER 582-21-22371
of those costs (if this Contract requires matching funds, Performing Party may
claim its unreimbursed indirect costs as part or all of its match). Performing Party
must fund all unreimbursed indirect costs from other funds. It is the Performing
Party's responsibility to ensure that unreimbursed indirect costs are not charged
to other projects which do not benefit from them, and that it uses funding
sources that may be properly used to fund its unreimbursed costs.
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Attachment B
Federal Conditions and Forms
ARTICLE 1. FEDERAL REQUIREMENTS
This Agreement is funded in whole or in part with federal grant money. All applicable
requirements of TCEQ's federal grants; 2 Code of Federal Regulations (CFR) Part 200, Notice of
Funding Opportunity, and any additional federal funding conditions that arise during the
Agreement period, are incorporatedherein by reference. (TCEQ will provide copies of applicable
federal grants or regulations uponrequest). The term "Performing Party" as used in these Federal
Conditions and Forms means either Performing Party, Grantee, or Contractor, as applicable.
ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS
A royalty -free, nonexclusive, and irrevocable license to use, copy, publish, and modify any
intellectual property to which rights are granted or assigned to TCEQ in this Agreement are also
granted to, assigned to, or reserved by the United States Government. All recipients must affix the
applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government
sponsorship (including award number) to any work first produced under Federal financial
assistance awards, unless the work includes any information that is otherwise controlled by the
Government (e.g., classified information or other information subject to national security or
export control laws or regulations). All recipients are subject to the specificrequirements
governing the development, reporting, and disposition of rights to inventions andpatents
resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights
clause in 37 C.F.R. § 401.14.
ARTICLE 3. ACKNOWLEDGM NT OF FINANCIAL SUPPORT
The Performing Party shall acknowledge the financial support of the TCEQ and the U.S.
Department of Homeland Security (DHS) whenever work funded, in whole or part, by this
Agreement is publicized or reported in news media or publications. All reports and other
documents completed as a part of this Agreement, other than documents prepared exclusivelyfor
internal use within the TCEQ shall carry the following notation on the front cover or title page:
PREPARED IN COOPERATION WITH THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND
U.S. DEPARTMENT OF HOMELAND SECURITY
This project has been funded wholly or in part by the United States Department of Homeland
Security under assistance agreement (number) to Texas Commission on Environmental Quality.
ARTICLE 4. RECYCLED M ERLALS
All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of theitem exceeds
$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY M MENT
Performing Party shall have an accounting system which accounts for costs in accordance
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CONTRACT NUMBER 582-21-22371
with generally accepted accounting standards or principles and complies with 2 CFR §
200.49. This system shall provide for the identification, accumulation, andsegregation 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 recordsas
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 ifit
expends $750,000 or more a year in federal awards.
3. Performing Party must immediately notify the TCEQ of any audit findings specifically
related to this award and provide the TCEQ a copy of such findings within three (3)
business days after issuance. By submitting an invoice, Financial Status Report, or other
financial reporting documentation, Performing Party certifies that it did not receive any
audit findings specifically related to this award during the invoicing/reporting period,
except for such audit findings Performing Party already provided notice of in accordance
with this Section.
ARTICLE 7. SUSPENSION AND DEBARMENT
Performing Party shall fully comply with Subpart C of 2 CFR Part 180, entitled "Responsibilitiesof
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 ofthis agreement or pursuance
of legal remedies. Performing Party may access the System for Award Management at:
httDS://sam.gov/content/home.
ARTICLE & PROHIBITION ON USE OF FEDERAL FUNDS FOR LOBBYING AND LITIGATION
1. The Performing Party agrees to comply with Title 31 U.S.C. § 1352. 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
prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification
or lobbying forms shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such expenditure.
ARTICLE 9. CIVIL RIGHTS OBLIGATIONS
In carrying out this agreement, the recipient must comply with:
a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based onrace,
color, and national origin, including limited English proficiency (LEP), by entities
receiving Federal financial assistance. Implementing regulations are found at 6
C.F.R. Part 21 and 44 C.F.R. Part 7. For additional assistance and information
regarding language access obligations, please refer to the DHS
Recipient Guidance httDs://www.dhs.Lyov/L-uidance-published-help-denartment-
sunborted-orLyanizations-Drovide-meaniniful-access-DeoDle-limited and additional
resources on http://www.lep.gov.
b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination
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CONTRACT NUMBER 582-21-22371
against persons with disabilities by entities receiving Federal financial assistance
C. The Age Discrimination Act of 1975, which prohibits age discrimination byentities
receiving Federal financial assistance.
d. The Americans with Disabilities Act of 1990, as amended, which prohibits
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities
2. If the recipient is conducting an education program under this agreement, it must also
comply with:
a. Title IX of the Education Amendments of 1972, which prohibits discriminationon
the basis of sex in education programs and activities operated by entities receiving
Federal financial assistance.
3. 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 that such compliance
programs exist and are being implemented or to otherwise demonstrate howit is meeting
its Title VI obligations.
4. All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits
recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or
in the provision of services in connection therewith, on the basis of race, color, national
origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented
by the Department of Housing and Urban Development at 24
C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that
new multifamily housing with four or more dwelling units—i.e., the public and common use
areas and individual apartment units (all units in buildings with elevatorsand ground -floor
units in buildings without elevators) —be designed and constructed with certain accessible
features (see 24 C.F.R. § 100.201).
ARTICLE 10. TRAFFICKING IN PERSONS
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 ofthe award
or subaward under the award.
a. TCEQ may unilaterally terminate this award, without penalty, if a Performing Party
that is a private entity: (1) is determined to have violated an applicable prohibition
in the Prohibition Statement above; or (2) has an employee who is determined by the
agency official authorized to terminate the award to have violated an applicable
prohibition in the Prohibition Statement through conduct that is either (a)
associated with performance under this award; or (b) imputed tothe Performing
Party using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented at 2 CFR Part 1532. The Performing Party must inform TCEQ
immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement above.
b. TCEQ's right to terminate unilaterally: (1) implements section 106(g) of the
Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)),
and (2) is in addition to all other remedies for noncompliance that areavailable to
TCEQ under this award.
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CONTRACT NUMBER 582-21-22371
ARTICLE I1. 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 15 USC 2225a, the Performing Party agreesto
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 controlguidelines
of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Performing Party may
search the Hotel -Motel National Master List at httDS://aDDs.usfa.fema.Lyov/hotel/ to see if a
property is in compliance, or to find otherinformation about the Act.
3. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
The Performing Party is prohibited from using grant funds to enter into contracts or
subawards (or extend or renew contracts or subawards) with entities that use or provide
covered telecommunications equipment or services as described in 2 CFR § 200.216 and
Public Law 115-232, Section 889. This prohibition includes in -kind contributions. This
provision is subject to the exceptions provided in Public Law 115-232, Section 889.
4. Domestic Preferences for Procurements. In accordance with 2 CFR 200.322, and to the
maximum extent practicable, appropriate, and consistent with applicable law, Performing
Party will provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited toiron, aluminum, steel,
cement, and other manufactured products). The requirements of this provision must be
included in all subawards, contracts, and purchase orders for work or products funded by
this award.
5. Religious Liberty. In accordance with 2 CFR § 200.300 and Executive Order 13798, ensure,
for states and other public recipients, that subawards are not conditioned in amanner that
would disadvantage applicants for subawards based on their religious character.
6. Collection and Use of Personally Identifiable Information. Recipients who collect personally
identifiable information (PII) are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the PII they collect. DHS defines PII
as any information that permits the identity of an individual to be directly or indirectly
inferred, including any information that is linked or linkable to that individual. Recipients
may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template
as useful resources respectively.
7. Energy Policy and Conservation Act. Recipients must comply with the requirements of the
Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42
U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in
the state energy conservation plan issued in compliance with this Act.
8. Federal Debt Status. All recipients are required to be non -delinquent in their repayment of
any federal debt. Examples of relevant debt include delinquent payroll and other taxes,
audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
9. Fly America Act of 1974. Recipients must comply with Preference for U.S. Flag Air Carriers
(air carriers holding certificates under 49 U.S.C.) for international air transportation of
people and property to the extent that such service is available, in accordance with the
International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118,
and the interpretative guidelines issued by the Comptroller General of the United States in
the March 31, 1981, amendment to Comptroller General Decision B-138942.
10. Terrorism Prohibition. Recipients must comply with E.O. 13224 and U.S. laws that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws. Recipients must comply with requirements of Section
817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C.
§§ 175-175c
11. Whistleblower Protection Act. Recipients must comply with the statutory requirements for
TCEQ Contract Number 582-21-22371 Page 12 of 14 Amendment 3
CONTRACT NUMBER 582-21-22371
whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10 U.S.C.
§ 2324, 41 U.S.C. §§ 4304 and 4310
12. Reducing Text Messaging while Driving. Recipients are encouraged to adopt and enforce
policies that ban text messaging while driving as described in E.O. 13513, including
conducting initiatives described in Section 3(a) of the Order when on official government
business or when performing any work for or on behalf of the Federal Government.
13. National Environmental Policy Act. Recipients must comply with the requirements of the
National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as
amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ)
Regulations for Implementing the Procedural Provisions of NEPA, which require recipients
to use all practicable means within their authority, and consistent with other essential
considerations of national policy, to create and maintain conditions under which people
and nature can exist in productive harmony and fulfill the social, economic, and other
needs of present and future generations of Americans.
14. False Claims Act and Program Fraud Civil Remedies. Recipients must comply with the
requirements of the False Claims Act, 31 U.S.C. §§3729-3733, which prohibit the
submission of false or fraudulent claims for payment to the Federal Government.
ARTICLE 12. NONDISCRIMINATION OF FAITH -BASED ORGANIZATIONS
It is DHS policy to ensure the equal treatment of faith -based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries. Recipients must
comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other
applicable statues, regulations, and guidance governing the participations of faith- based
organizations in individual DHS programs.
ARTICLE 13. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCYACT (FFATA)
REPORTING
1. In accordance with 2 CFR Part 25, entities that receive subawards from TCEQ that are
funded wholly or partially with federal funds must (1) be registered in the System for
Award Management (SAM) prior to submitting an application or plan or entering into an
agreement; (2) maintain an active SAM registration with current information at all times
while the application or plan is under consideration by TCEQ or during the term of the
agreement; and (3) provide its Unique Entity Identifier (UEI) number in eachapplication or
plan it submits to TCEQ, unless an exemption applies.
2. No funds may be received or awarded until Performing Party has complied with these
requirements and provided a valid UEI number.
3. Additionally, in accordance with 2 CFR Part 170, if certain elements are met, Performing
Party must report the total compensation for each of its five most highly compensated
executives for the preceding completed fiscal year.
4. These elements are found on the attached, completed TCEQ Pass -Through Funding
Information and Federal Funding Accountability and Transparency Act Reporting Form.
ARTICLE 14. COST AND PRICE OF THIS AGREEMENT
The Performing Party must comply with 2 C.F.R. § 200.323. The Performing Party may request aform
from TCEQ to use when performing a cost or price analysis.
ARTICLE 15. DUPLICATION OF BENEFITS
1. Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R.
Part 200, Subpart E may not be charged to other federal financial assistance awards to
overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations,
or federal financial assistance award terms and conditions; or for other reasons. However,
these prohibitions would not preclude recipients from shifting costs that are allowable
under two or more awards in accordance with existing federal statutes, regulations, or the
federal financial assistance award terms and conditions.
TCEQ Contract Number 582-21-22371 Page 13 of 14 Amendment 3
CONTRACT NUMBER 582-21-22371
2. Non -supplanting. Recipients receiving federal financial assistance awards made under
programs that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-federal
sources.
ARTICLE 16. BUILD AMERICA, BUY AMERICA
The Performing Party may be subject to the Buy America Sourcing Requirements under the BABA
provisions of the Infrastructure Investment and Jobs Act (HJA) (P.L. 117-58, §§70911-70917 Buy
America Sourcing Requirements) (BABA Requirements) when the work is funded in whole or part
with Federal funds for the purchase of goods, products, and materials used for construction,
alteration, maintenance, or repair of infrastructure work. Iron, steel, manufactured products, and
construction materials used in Federally -funded infrastructure projects must be produced in the
United States as specified in the BABA Requirements, rules, and federal guidance. If the BABA
Requirements are applicable, the Performing Party must implement these requirements in its
procurements and must flow down this Article to all subcontractors and subrecipients at any tier.
For legal definitions and sourcing requirements, the Performing Party must consult FEMA's Build
America, Buy America website.
ARTICLE 17. DHS REQUIREMENTS
All recipients must acknowledge and agree —and require any sub -recipients, contractors, successors,
transferees, and assignees acknowledge and agree —to comply with applicable provisions governing
DHS access to records, accounts, documents, information, facilities, andstaff.
1. Recipients must cooperate with any compliance review or complaint investigation
conducted by DHS.
2. Recipients must give DHS access to and the right to examine and copy records, accounts,
and other documents and sources of information related to the grant and permit access to
facilities, personnel, and other individuals and information as may benecessary, as required
by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
5. If, during the past three years, the recipient has been accused of discrimination on the
grounds of race, color, national origin (including limited English proficiency), sex, age,
disability, religion, or familial status, the recipient must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement
agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil
Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on
grounds of race, color, national origin (including limited English proficiency), sex, age,
disability, religion, or familial status against the recipient, or the recipient settles a caseor
matter alleging such discrimination, recipients must forward a copy of the complaintand
findings to the DHS Component and/or awarding office.
7. Recipients must obtain permission from their DHS Financial Assistance Office (FAO) prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or reproductions
of flags or likenesses of Coast Guard officials
The United States has the right to seek judicial enforcement of these obligations.
TCEQ Contract Number 582-21-22371 Page 14 of 14 Amendment 3
Contract Compliance Manager:
By signing this document, I acknowledge that I am the person responsible for the monitoring
and administration of this contract, including ensuring all performance and reporting
requirements.
Anthony Williams
NAME SIGs
Environmental Supervisor
TITLE
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0590
LOG NAME: 22TCEQ WHOLE AIR MONITORING CONTRACT FY25 AMENDMENT 3
SUBJECT
(ALL) Authorize Execution of Third Amendment to the Texas Commission on Environmental Quality Federally Funded Grant Agreement in an
Amount Up to $284,729.50 for Whole Air Monitoring Operations and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a third amendment to the Texas Commission on Environmental Quality Funded Grant Agreement for the purpose
of whole air monitoring operations in an amount up to $284,729.50 for a nine -month term beginning on September 1, 2024, and expiring on
May 31, 2025; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject
to receipt of the grant, in the amount up to $284,729.50, for the purpose of funding whole air monitoring operations.
DISCUSSION:
The City of Fort Worth partners to operate an air quality program under four separate but related contracts with the Texas Commission on
Environmental Quality (TCEQ). This local air program benefits the City by ensuring facilities are in compliance with air quality regulations and by
supporting data collection for air pollutants. Among the four grant contracts, this contract is fully -funded by the Department of Homeland Security
(DHS) and administered by TCEQ. There are no local matching funds required for this grant contract. DHS funds have been received annually by
the City for its Whole Air Monitoring Program in cooperation with TCEQ to maintain and operate various whole air monitoring stations.
The contract specifically supports air monitoring operations for early detection of bioterrorism attacks within the City of Fort Worth and Tarrant
County. Upon authorization, this contract will support City of Fort Worth operations for local air pollution monitors. Activities include retrieving
sampling filters and data, sending filters and data for analysis, and performing regular audit and maintenance activities for equipment under the
terms of the contract. The Department of Homeland Security provides all air monitoring equipment and supplies for the operation of the air
monitoring sites. The contract period will be September 1, 2024, through May 31, 2025, with a maximum amount up to $284,729.50 for
reimbursement of expenses to the City.
Mayor &
DOCUMENT
Council Approval
Date Grant
Total
(M&C)
Amount
No.
Initial Contract:
Project
#103407
21-0314
05/04/2021 $500,000.00
$500,000.00
Fiscal Year
(FY22)
Amendment 1
22-0506
06/28/2022 $380,006.00
$380,006.00
(FY23)
Amendment 2
23-0486
06/13/2023 $380,006.00
$380,006.00
(FY24)
�Amendment 3
pending
Pending $284,729.50
$284,729.50
(FY25)
TOTAL: $1,544,741.50
Upon approval, the City will execute the contract and accept the grant funding. This is a reimbursable grant and indirect costs will be recovered
under this grant.
This agreement will serve ALL COUNCIL DISTRICTS.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education:
TEXAS
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance 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, in the Grants Operating Federal Fund. The Environmental Services Department
(and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being
incurred, the Environmental Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for Citv Manaaer's Office by
Oriainatina Business Unit Head
Additional Information Contact:
Valerie Washington 6199
Cody Whittenburg 5455
Julianne Ragland 7251
Wyndie Turpen 6982