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CONTRACT -
SECRE Y ,
BL 98690701 4 Page 1
ASSISTANCE ID NO.
U.S. ENVIRONMENTAL 13L DOC ID AMEND# DATE OF AWARD
B L - 98690701 - 4 01/24/2008
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
c No Cost Amendment 01/24/2008
Assistance Amendment PAYMENT METHOD: ACH#
4[pp� IASAP 1 66678
RECIPIENT TYPE: Send Payment Request to: ,
Municipal Las Vegas Finance Center
RECIPIENT: PAYEE:
City of Fort Worth Texas City of Fort Worth Texas
1000 Throckmorton St. 1000 Throckmorton St.
Fort Worth,TX 76102 Fort Worth,TX 76102
EIN: 75-6000052
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Janay Tieken Amber Perry Jeraldine Englerth
1000 Throckmorton St. 1445 Ross Avenue,6SF-PB Grants Management Office,6MD-RX
Fort Worth,TX 76102 Dallas,TX 75202-2733 E-Mail: Englerth.Jeraidine@epa.gov
E-Mail: janay.tieken@fortworthgov.org E-Mail: Perry.Amber@epamail.epa.gov Phone:.214-665-7402
Phone:817-392-6083 Phone:214-665-3172
PROJECT TITLE AND EXPLANATION OF CHANGES
Ft Worth Brownfields Cleanup Revolving Loan Fund
This amendment extends the Budget and Project Periods From: 10/01/01 -03/31/08 To: 10/01/01 -07/31/2008.The award remains$1,000,000(Federal).
Administrative Conditions have been added.The City of Fort Worth is requesting a no-cost time extension on BCRLF loan BL-98690701-3 from 3131/08 to
7/31/08. The City of Fort Worth utilized these loan funds to make a$800;000 loan for the cleanup of the Cytec property;cleanup was initiated on June 6,
2007. The Cytec property has been enrolled in the State of Texas Voluntary Cleanup Program(VCP). As co-applicants in the VCP,the City of Fort Worth,
BLG Northside Development,and Cytec Industries are jointly meeting the continuing legal obligations that require amendments to the Site development plan.
In addition,the grant Terms and Conditions allow one year for site cleanup to be completed. A no-cost time extension through 7/31/08 will allow cleanup
completion,along with time to coordinate final cleanup complete documentation.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
10/01/2001 - 07/31/2008 -7 10/01/2001 - 07/31/2008 $1,000,000.00 $1,000,000.00
NOTICE OF AWARD
Based on your application dated 07/27/2001,including all modifications and amendments,the United States acting by and through the US Environmental
Protection Agency(EPA),hereby awards$. EPA agrees to cost-share 100.00%of all approved budget period costs incurred, up to and not exceeding total
federal funding of$1,000,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by
signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after
receipt,or any extension of time,as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory
provisions are 40 CFR Chapter 1,Subchapter B,and all terms and conditions of this agreement and any attachments.
ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS
Management Division,6MD-RX U.S.EPA, Region 6
1445 Ross Avenue,Suite 1200 Superfund Division(6SF)
Dallas,TX 75202-2733 1445 Ross Avenue
Dallas,TX 75202-2733
THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE
Digital signature applied by EPA Award Official Jerri Englerth,Grants Management Specialist 01/24/2008
AFFIRMATION OF AWARD
If BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGN E ED NAME AND TITLE DA
Carl L. Smart, Acting Assistant City Manager .5 0 5,
03-13-08 P01 :29 IN
�. Ov 1_"yK I y E X
U.S.Environmental Protection Agency
BL-98690701-4
APPROVED AS TO FORM & LEGALITY:
By
Title: Assistant City Attorney
ATTEST:
By
Pri ed Name:
Title:
Date:—nt�� UG�
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Attested By:.
Marty He
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Contract Autnorizatios
Date
RR '6-1219, TEX,
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EPA Funding Information BL-98690701 4 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $1,000,000 $ $1,000,000
EPA In-Kind Amount $0 $ $ 0
Unexpended Prior Year Balance' $0 $ $0
Other Federal Funds $0 $ $0
Recipient Contribution $0 $ $0
State Contribution $0 $ $0
Local Contribution $0 $ $0
Other Contribution $0 $ $0
Allowable Project Cost $1,000,000 $0 $1,000,000
Assistance Program(CFDA) Statutory Authority Regulatory Authority
66.811 -Brownfield Pilots Cooperative CERCLA:Sec. 104 40 CFR PART 31
Agreements
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/
Code Organization Class Organization Deobligation
BL-98690701 -4 Page 3
Bud et Summary Page
Table A-Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1.Personnel $76,000
2.Fringe Benefits $14,400
3.Travel $3,000
4.Equipment $0
S.Supplies $6,000
6.Contractual $185,000
7.Construction $0
8.Other $715,600
9.Total Direct Charges $1,000,000
10.Indirect Costs: % Base $0
11.Total(Share: Recipient 0.00% Federal 100.00%.) $1,000,000
12.Total Approved Assistance Amount $1,000,000
13. Program Income $0
14.Total EPA Amount Awarded This Action $0
15.Total EPA Amount Awarded To Date $1,000,000
00
_ BL-98690701 -4 Page 4
Administrative Conditions
The following Administrative Conditions are added:
21. EPA's financial obligations to the recipient are limited by the amount of federal funding awarded
to date as shown on line 15 in its EPA approved budget. If the recipient incurs costs in anticipation of
receiving additional funds from EPA, it does so at its own risk.
22. Management fees or similar charges in excess of the direct costs and approved indirect rates are
not allowable. The term"management fees or similar charges" refers to expenses added to the direct
costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or
for other similar costs which are not allowable under this assistance agreement. Management fees or
similar charges may not be used to improve or.expand the project funded under this agreement, except to
the extent authorized as a direct cost of carrying out the scope of work.
23. To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as
amended, the following provisions apply to this award:
a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; 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 below
through conduct that is either: (a) associated with performance under this award;or(b)imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000(TVPA), as amended (22 U.S.C.
7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this
award.
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohibition Statement- You as the recipient,your employees,subrecipients under this award,and
subrecipients' employees may not engage in severe forms of trafficking in persons during the
period of time that the award is in effect; procure a commercial sex act during the period of time
that the award is in effect; or use forced labor in the performance of the award or subawards
under the award.
Programmatic Conditions
All Programmatic Conditions Remain the Same
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/4/2008
DATE: Tuesday, March 04, 2008
LOG NAME: 52EPA-BCLRF EXT REFERENCE NO.: **C-22701
SUBJECT:
Authorization to Execute an Extension Amendment and Administrative Changes to the Brownfields
Cleanup Revolving Loan Fund (BCRLF) Agreement with the Environmental Protection Agency
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an extension amendment
and administrative changes to the contract (BF-98690701-3) with the Environmental Protection Agency
(EPA) to allow the deadline for cleanup to be moved from March 31, 2008 to July 31, 2008.
DISCUSSION:
In 2001 the U. S. Environmental Protection Agency (EPA) awarded the City of Fort Worth $1,000,000 to
implement a Brownfields Cleanup Revolving Loan Fund (BCRLF), $800,000 of which was loaned to BLG
Northside Development for the cleanup of the former American Cyanamid/Cytec property located in Trinity
Uptown. The performance period for the BCRLF grant was October 1, 2001 through March 31, 2008.
Cleanup of the Cytec property was initiated on June 6, 2007 and under the terms of agreement must be
complete by June 6, 2008. The former Cytec property was enrolled in the State of Texas Voluntary Cleanup
Program (VCP). The parties to the VCP are jointly meeting the continuing legal obligations to reach closure
consistent with the site development plan. This no-cost time extension through July 31, 2008 will allow
cleanup completion along with time to coordinate final cleanup documentation.
This grant extension is for the period March 31, 2008 to July 31, 2008. The award amount remains
$1,000,000 (Federal). Administrative conditions have also been added to the contract to clarify use of funds
and the Trafficking Victims Protection Act of 2000. All other terms and conditions shall remain the same.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Carl Smart (6183)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6569)
U ^^
Logname: 52EPA-BCLRF_EXT rage I 3TI