HomeMy WebLinkAbout(0030) Final_LOA Mod City of Fort Worth_Sump Study.pdfMODIFICATION #1
TO
LETTER OF AGREEMENT
BETWEEN THE
UNITED STATES OF AMERICA
AND THE
CITY OF FORT WORTH
FOR
FLOODPLAIN MANAGEMENT SERVICES
Base Flood Elevations for selected Fort Worth Floodway Sumps
This MODIFICATION LETTER OF AGREEMENT is entered into this
day of , 2022, by and between the Department of the
Army (hereinafter called the "Government"), represented by the U.S. Army Corps of
Engineers, Southwestern Division, and the City of Fort Worth (hereinafter called the
"Non -Federal Sponsor"), represented by the Assistant City Manager, Dana Burghdoff,
collectively referred to as the "Parties."
WITNESSETH THAT:
WHEREAS, Section 206 of the Flood Control Act of 1960, 33 U.S.C. § 709a (as
amended) authorizes the Secretary of the Army, acting through the Chief of Engineers,
to compile and disseminate information on floods and flood damages and to provide
engineering advice in planning to ameliorate the flood hazard to Federal and non -
Federal interests, referred to as the "Flood Plain Management Services Program;" and
to collect from Federal agencies and private persons fees for the purpose of recovering
the cost of providing the requested services and to accept funds voluntarily contributed
by state, regional, or local governments for the purpose of expanding the scope of the
services requested by the entities; and
WHEREAS, the Government and the Non -Federal Sponsor have the full
authority and capability to perform as hereinafter set forth and intend to cooperate with
the terms of this Letter of Agreement ("LOA").
NOW THEREFORE, the Agreement dated February 16, 2017, is hereby modified
in the following particulars, but in no others:
1. Change Paragraph 2 to read -
"The total cost of the Floodplain Services estimated for this LOA is $200,000. As of the
effective date of this LOA, $0.00 of Federal funds is currently projected to be available
for the Floodplain Services. The total cost to the Non -Federal Sponsor is $200,000. The
Non -Federal Sponsor shall voluntarily contribute in cash 100 percent of the estimated
costs of the Floodplain Services; provided that the Government shall not obligate any
cash contribution by the Non -Federal Sponsor toward costs of the Floodplain Services
until such cash contribution has actually been made available to it by the Non -Federal
Sponsor."
2. Change Paragraph 3 to read —
"Within thirty (30) days after the effective date of this LOA, the Non -Federal Sponsor
agrees to provide a cashier or certified check(s) or an Electronic Funds Transfer in
accordance with procedures established by the Government in the amount of $200,000.
Payments shall be made payable to FOA, USAED, Fort Worth District. No Floodplain
Services shall be commenced until payment in the full amount of $200,000 is received.
Payments by the Non -Federal Sponsor may be sent to "FAO, USAED, Fort Worth
District" to the US Army Corps of Engineers Finance Center, CEFC-AD-C-EROC M2,
5722 Integrity Drive, Millington, TN 38054-5005, or by providing an Electronic Funds
Transfer of such required funds in accordance with procedures established by the
Government."
For the Government:
For the Non -Federal Sponsor:
IN WITNESS WHEREOF, the parties hereto have executed this LOA Modification #1
that shall become effective upon the date it is signed by the Division Engineer.
THE UNITED STATES OF AMERICA
JONATHAN S. STOVER, P.E., PMP
Colonel, EN
Commanding
CITY OF FORT WORTH
M.
DATE DATE
DANABURGHDOFF
Assistant City Manager
City of Fort Worth